Change The Elektrizitätswirtschafts And Organization Act 2010, Of The Gas Business Act 2011 And The Energy Control Act

Original Language Title: Änderung des Elektrizitätswirtschafts- und -organisationsgesetzes 2010, des Gaswirtschaftsgesetzes 2011 und des Energie-Control-Gesetzes

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174. Federal law amending the Electricity Economy and Organization Act 2010, the Gas Economics Act 2011 and the Energy Control Act

The National Council has decided:

table of contents

Item

1: Amendment of the Electricity Economic and Organization Act 2010

Item

2: Amendment of the Gaswirtschaftsgesetz 2011

Item

3: Amendment of the Energy Control Act

Article 1

Amendment of the Electricity Economic and Organization Act 2010

The Federal Act, which regulates the organisation in the field of the electricity industry (Electricity Economic and Organization Act 2010-ElWOG 2010), BGBl. I n ° 110/2010, as last amended by the Federal Law BGBl. I n ° 6/2013, shall be amended as follows:

1. The table of contents shall be amended as follows:

The phrase " § 43. Right to network connection " is replaced by " § 43. Transition and Erdelete permission to network operation " , " § 44. Endigungstatstocks and Reformation " is replaced by " § 44. Right to network connection " , " 8. Part CHP plants " is replaced by " 8. Part Proof of electricity from fossil energy sources " , " § 71. Criteria for the efficiency of CHP " is replaced by " § 71. Special provisions on proof of electricity produced from high-efficiency cogeneration " , " § 72. Proof of origin for electricity from high-efficiency CHP " is replaced by " § 72. Proof of electricity from fossil energy sources " , " § 73. Recognition of certificates of origin from other countries " is replaced by " § 73. Recognition of evidence from other states " , " § 76. Change of supplier or balance sheet group " is replaced by " § 76. Procedure for change, registration, logout and contradiction "" § 77. Last Instance Provider " is replaced by " § 77. Basic Supply " . According to § 77, the following phrase shall be inserted: " § 77a. Spare power supply with energy " . According to § 79, the following phrase shall be inserted: " § 79a. Mandatory electricity labelling " . According to § 81, the following phrase shall be inserted: " § 81a. Consumption and electricity cost information when measured by intelligent measuring instruments " . According to § 81a, the following phrase shall be inserted: " § 81b. Consumption and electricity cost information without measurement by intelligent measuring instruments " . The phrase " § 82. Disconnection and information of customers " is replaced by " § 82. Disconnection of network connection and information of customers " . The phrase "§ 97 Reporting obligation of the state governments" No. The phrase § 103. Statute of limitations " is replaced by § 103. Special provisions on administrative criminal proceedings " .

1a. (constitutional provision) § 1 reads:

" § 1. (constitutional provision) The release, cancellation and enforcement of regulations, such as those in § 2, § 3, § 8, § 9, § 10a, § 11, § 16 para. 2, § 19, § 22 para. 1, § 24 bis § 36, § 37 para. 7, § 38, § 39, § 48 bis § 65, § 69, § 72, § 73 para. 2 and para. 3, § 76, § 77a to § 79a, § 81 § 84a, § 88 (3) to (8), § 89, § 92 bis § 94, § 99 bis § 103, § 109 (2), § 110 bis § 112, § 113 (1) and § 114 (1) and (3)) are also included in the matters of the Federal Republic of Germany, with regard to which the B-VG determines otherwise. The matters governed by these rules may be concerned in the immediate federal administration. "

2. § 2 Z 5 is replaced by the following Z 5 and Z 6 including the final part:

" 5.

Regulation (EC) No 714/2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003, OJ L 327, 30.12.2009, p. No. OJ L 211, 14.08.2009 p. 15, and

6.

, as laid down in Regulation (EU) No 1227/2011 on the integrity and transparency of the wholesale energy market, OJ L 139, 30.4.2011, p. No. OJ L 326, 08.12.2011 p. 1,

the provisions reserved for the implementation by the Member States. "

2a. The following Z 2a is inserted in Article 7 (1):

" 2a.

"failure reserve" means the proportion of the secondary control which can be controlled automatically or manually and which primarily serves to cover the failure of the largest power station in the control zone; "

2b. In § 7 (1) the following Z 47a is inserted:

" 47a.

"Proof" means a confirmation that occupies the primary energy carrier from which a particular unit of electrical energy has been generated. This includes, in particular, evidence of electricity from fossil energy sources, guarantees of origin for electricity from high-efficiency cogeneration as well as guarantees of origin according to § 10 ÖSG 2012; "

(2c) § 7 (1) Z 62 reads:

" 62.

"secondary control" means the automatic return of the frequency and the exchange rate with other control zones, which is automatically activated and, if necessary, manually controlled, to the desired values after disturbance of the equilibrium between the generated and the power consumed with the help of central or decentralised equipment. The secondary control also includes the failure reserve. The restoration of the target frequency can be in the range of several minutes; "

3. In accordance with § 10, the following § 10a together with the heading is inserted:

" Notice of Insider Information

§ 10a. Any operator who is obliged to publish inside information within the meaning of Article 4 of Regulation (EU) No 1227/2011 shall communicate the facts to be published simultaneously with the publication of the E-Control. "

3a. § 16 receives the sales designation "(1)", the following paragraph 2 is added:

" (2) Each counting point shall be assigned by the network operator to a network user category. The regulatory authority shall specify the categories of users of the network, separated by feed and operator, and the time frame for this allocation. "

3b. The following paragraph 4a is inserted in § 23:

" (4a) In taking over and evaluating the measurement data in accordance with paragraph 4 (4) (4), the balance sheet group coordinator shall carry out a separate accounting of the generation data in network user categories to be determined by the regulatory authority with a regulation. In order to fulfil their obligations in accordance with § 45 Z 1, operators of distribution systems shall make available the data necessary for the different categorisation and accounting of the quantities of feed produced. The Federal Minister for Economic Affairs, Family and Youth as well as the regulatory authority are authorized to access the data evaluated in accordance with the first sentence. "

3c. § 23 (5) Z 5 reads as follows:

" 5.

To provide market participants with information on the measures necessary to ensure a transparent and non-discriminatory and liquid regulatory energy market as far as possible. This includes the publication of the primary control performance and secondary control performance in terms of duration and altitude as well as the results of the tendering procedure in accordance with § 67 and § 69. "

4. (Determination of the principles) In § 23 (7) the word order is deleted "and within this period shall not submit an application in accordance with Art. 15 (7) B-VG" .

5. § 48 (2) last sentence reads:

" The Austrian Chamber of Commerce and the Federal Chamber of Labour may complain to the Federal Administrative Court against decisions of the regulatory authority pursuant to para. 1 for infringement of the provisions of § 59 to § 61, as well as in further consequence pursuant to Art. 133 B-VG Revision to the Administrative Court. "

6. § 50 (4) reads:

"(4) If a notice of costs has been amended by the Federal Administrative Court, a different cost determination shall be taken into account in the knowledge of the Federal Administrative Court in determining the cost base for the next period of payment."

(6a) Section 50 (7) reads:

" (7) The claims and obligations which are covered by the regulatory account and claims and obligations concerning net loss of energy supply and the procurement of the secondary scheme shall be within the framework of the annual financial statements. Activate or passivate. The assessment of the items shall be governed by the applicable accounting rules. "

6b. § 57 (4), first sentence reads:

" A Ab-or Read out of the counting device-with the exception of load profile counters, which are read out by the network operator at least monthly at least, as well as intelligent measuring instruments, which are read out in accordance with § 84 para. 1,-at least once a year to "

6c. In § 59, the following paragraph 8 is inserted:

" (8) If the regulatory classification applied for one or several years of regulatory periods pursuant to para. 1 to 6 causes a delay in the payment by the system usage charges, corresponding difference amounts within the scope of the Annual accounts are activated and/or these are to be passivated as a provision within the framework of the annual financial statements. The assessment of the items shall be governed by the applicable accounting rules. "

6d. The 8. Part (§ 71 to § 74) is together with the title:

" 8. Part

Evidence of electricity from fossil energy sources

Special provisions on proof of electricity produced from high-efficiency cogeneration

§ 71. (Policy determination) (1) In order to determine the efficiency of cogeneration in accordance with Annex IV, the implementing laws may authorise the Authority to establish efficiency reference values for the separate production of electricity and heat. These efficiency reference values shall consist of a matrix of values, broken down by relevant factors such as year of construction and fuel types, and shall be based on a detailed, documented analysis, inter alia: Operating data under real operating conditions, cross-border electricity trade, fuel mix, climatic conditions and applied cogeneration technologies shall be taken into account in accordance with the principles set out in Annex IV.

(2) In determining the efficiency reference values as referred to in paragraph 1, the harmonised efficiency reference values established by the European Commission in accordance with Article 4 of the CHP Directive in Decision 2007 /74/EC shall be taken into account.

(3) On the basis of the harmonised efficiency reference values referred to in paragraph 2, the Land Government shall, upon request, designate, on request, those cogeneration plants for which electricity from the network operator to whose network the installation is connected shall be supplied with electricity from High-efficiency cogeneration according to § 7 (1) Z 27, corresponding to the quantity of energy generated from high-efficiency cogeneration according to Appendix III and in accordance with Commission Decision 2008 /952/EC, based on the requirements of § 72 para. 2 can be issued. The nominations of annexes shall be notified without delay to the regulatory authority.

Proof of electricity from fossil energy sources

§ 72. (1) The network operators whose networks are connected to electricity from fossil energy sources of more than 100 kW of bottleneck power shall have the quantities of electrical energy fed into their network from these installations to the System operator by entering the net power generation quantities fed into the public grid in the automation-supported register database for evidence and/or proof-of-use To issue guarantees of origin in accordance with § 71. All feed-in systems for which no communication has been issued pursuant to Section 71 (3) of this Regulation shall be required for this purpose to be certified. The certification must be carried out by a monitoring, testing or certification body approved in accordance with the Accreditation Act. § 3 Accreditation Act applies analogously.

(2) The evidence issued by the network operator in accordance with paragraph 1 shall include:

1.

the quantity of energy produced;

2.

the designation, type and bottleneck performance of the production plant;

3.

the period and place of production;

4.

the primary energy carriers used;

5.

the date of entry into service of the installation;

6.

the designation of the issuing authority and of the issuing State;

7.

the date of issue and a unique identification number.

(3) In addition to the information provided in paragraph 2, the following information shall contain the following information in accordance with § 71 (3):

1.

the lower calorific value of the primary energy carrier;

2.

the use of the heat generated together with the electricity;

3.

the primary energy savings calculated in accordance with Annex IV on the basis of the harmonised efficiency reference values laid down by the European Commission in accordance with Article 71 (2);

4.

details of any funding received and the nature of the support scheme.

(4) E-Control shall be designated as the competent authority for the monitoring of the exhibition, the transfer and the devaluation of the evidence. This has to be done by means of an automation-supported register database.

(5) Proof must be made at the latest in the calendar year following the production of the corresponding energy unit. Proof shall be devalued after its use.

(6) Only one proof shall be issued for energy produced for each unit. By default, proof is valid for 1 MWh, with a subdivision up to the third decimal place. The issuing of evidence does not involve the right to use support mechanisms.

(7) In the case of an automatic exhibition of the evidence, a certificate must be issued monthly on the basis of the first clearing and sent to the feed-in.

(8) The feed-in shall be liable for the accuracy of their information on the energy sources used.

Recognition of evidence from other countries

§ 73. (1) (Policy determination) Evidence of electricity from highly efficient cogeneration from plants with a location in another EU Member State or EEA State Party shall be deemed to be a guarantee of origin within the meaning of this Act if it at least meets the requirements of Art. 5 (5) of Directive 2004 /8/EC. In case of doubt, the provincial government shall, on request or on its own behalf, determine whether the conditions for recognition are fulfilled.

(2) evidence from installations with a location in another EU Member State, an EEA State Party or in a third country shall be deemed to be evidence within the meaning of this Federal Law if it at least meets the requirements of section 72 (2) and (3). In the event of doubt, the E-Control shall, on request or on its own account, determine whether the conditions for recognition are fulfilled. It may by regulation designate states in which evidence of electricity produced from fossil energy sources fulfils the conditions laid down in the first sentence.

(3) Subject to the recognition of evidence for the purposes of electricity labelling, the conditions laid down in the regulation pursuant to Section 79 (11) of the ElWOG 2010 are to be laid down.

Reporting

§ 74. (Policy determination) (1) The state governments have to present annually to the Federal Minister for Economic Affairs, Family and Youth:

1.

a statistical analysis of the national production of electricity and heat from cogeneration, in accordance with the methodology set out in Annex III and Decision 2008 /952/EC of the European Commission;

2.

a statistics on CHP capacity and fuel used for cogeneration.

(2) The State Governments shall submit annually to the Federal Minister for Economic Affairs, Family and Youth a report on their activities in accordance with § 71. In particular, the report shall include those measures taken to ensure the reliability of the detection system. "

6e. § 76 is together with the headline:

" Procedure for change, registration, logout and objection

§ 76. (1) Consumers within the meaning of Section 1 (1) (1) (2) of the KSchG and small enterprises may terminate contracts with their supplier, subject to a period of two weeks, without having to comply with a separate notice of termination. Suppliers may terminate contracts with consumers within the meaning of Section 1 (1) (1) (2) of the KSchG and small enterprises only if they comply with a deadline of at least eight weeks. If binding deadlines are contractually agreed, the ordinary termination shall be at the latest by the end of the first contract year and subsequently for the consumer within the meaning of section 1 (1) (1) of the KSchG and small enterprises, subject to a deadline of two Weeks as well as for suppliers, subject to a deadline of at least eight weeks.

(2) 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 exchange by the network operator, in accordance with . In the design of the procedure, in particular the technical and organisational measures to be taken in connection with a change from the network operator, the compatibility of the deadlines and the dates with the accounting according to the Balance sheet group system, ensuring security of supply as well as enforcement of customer wills. The supplier change is not associated with any separate costs for the end user.

(3) End users without load profile counters can make relevant declarations of intent to suppliers electronically via websites to be offered by them at any time in order to initiate and carry out the change. If a supplier is authorised by the end consumer to submit declarations of intent, the delegation shall be credited with the authorisation of network operators and other suppliers. The network operator shall inform the final consumer without delay of the initiation of the changeover process. Suppliers have to make user-friendly arrangements that ensure the identification and authenticity of the end user. Within the scope of the tariff calculator (§ 22 E-ControlG), the regulatory authority has to allow the websites of the suppliers to be found by setting up hyperlinks. The suppliers shall have the necessary, up-to-date information to be made available to the regulatory authority unsolicly.

(4) All processes necessary for the taking up of the exchange, the re-registration, the logout and the objection shall be carried out electronically through the platform to be operated by the clearing house. This applies in particular to the end consumer identification, the binding and termination inquiry as well as the data update and consumption data transmission. Network operators and suppliers exclusively have the data necessary for the said processes, namely the name, address, counting point designation, load profile type, counter type, existing supplier, as well as with the end consumer identification number. Binding and dismissal limit query termination periods, termination dates as well as binding time limits on the platform to be operated by the clearing house decentrally in a non-discriminatory manner all authorized suppliers in standardised, electronically structured form on request for To be made available. Network operators and suppliers are also obliged to connect to this platform. Suppliers may not initiate any process referred to in this paragraph without a declaration of intent by an end user.

(5) That for the platform (par. 4) use of data communication methods (communication protocol) is to be developed and independently verified according to the state of the art. The clearing house shall, in particular, make arrangements to ensure the identification and authentication of the new network operators and suppliers who request it.

(6) The clearing house as well as the network operators and suppliers shall record any request and exchange of information concerning end-consumer data carried out via the platform referred to in paragraph 4 in an audit-proof way. On the part of the clearing house, this logging has the advantage of all the method steps that are to be carried out via the interchangeable platform, in particular the duration of the method steps, the use of the method steps for the method steps. the deadlines for a possible full-power examination, the access by authenticated persons and the availability of the interfaces of the suppliers ' IT systems and the network operators with the platform. Network operators and suppliers shall have the date and time of the request and the exchange of information, the requesting and information-issuing body as well as the purpose of the request and/or the request. To collect information. In addition, suppliers shall record the identification of the final consumer concerned and a unique identifier which will enable identification of the person who has made or has caused a request to be made pursuant to paragraph 4. All historical data shall be kept for three years from the date of origin and may only be used for the purpose of checking the legality of a request, for the purpose of providing information and for the purposes of administrative criminal law, as well as § 24 and § 26. E-Control Act is used. On suspicion of abusive enquiries, and independently of this, the clearing house shall carry out random checks on the legality of the requests made, irrespective of the regular intervals. It shall submit a report to the regulatory authority every two years on the results of that examination, which shall publish the report in an anonymised form.

(7) The regulatory authority shall be empowered to regulate in more detail all the procedures governing the exchange of suppliers, as well as the procedures for the re-registration and the logoff of end-users. The regulatory authority is also empowered to regulate the nature and extent of the data referred to in paragraph 4 and the other types of data required for the fulfilment of the said objectives by means of a regulation. Likewise, the regulatory authority is empowered to set minimum safety standards for the form of data transmission (paragraph 1). 4 and 5) of network operators and suppliers via the platform operated by the clearing house, as well as details of the necessary data security measures, in particular logging, to be more closely regulated by regulation. The regulatory authority shall also be empowered to carry out certain processes from the compulsory electronic implementation provided for in the first and second sentence of paragraph 4, by means of the platform to be operated by the clearing house. , if it seems to be necessary for a simpler and more cost-effective settlement. "

6f. (Determination of the principles) In the heading for § 77 and in paragraph 1, the word sequences shall be "Last Instance Supper" , "Supply in Last Instance" and "Last Instance Supply" in each case by the word sequence "Basic Supply" replaced.

6 g. (determining the principle) In § 77, the following paragraphs 4 and 5 are added:

" (4) In the case of the appointment of consumers within the meaning of Section 1 (1) (1) (2) of the German Basic Law and Small Enterprises on the obligation to provide basic services, network operators shall be obliged to provide network services, without prejudice to any payment arrears existing at this point in time. Consumers may not be required to pay a security or advance payment in connection with this network service, which exceeds the amount of a partial amount payment for one month. Paragraph 3 shall apply mutatily. In the event of a renewed delay in payment following the obligation to provide basic services, network operators shall be entitled to physical separation of the network connection until payment of these outstanding amounts, unless the customer is responsible for the payment of these outstanding amounts. is committed to prepayment by means of prepayment payment for future network use and delivery. Section 82 (3) shall apply in the event of a repayment delay. The commitment of the prepayment payment does not exist for small enterprises with a load profile counter.

(5) A prepayment function established within the framework of the basic services shall be deactivated at the customer's request if the final consumer has paid his or her payment arrears to the supplier and the network operator as part of the basic supply; or if another debt-liberating event has occurred. "

6h. In accordance with § 77, the following § 77a with headline is inserted:

" Spare supply of energy

§ 77a. (1) In the event of termination of the contract with the accounting officer or dissolves the contractual relationship with immediate effect, the balance group coordinator shall have the end of the contractual relationship and the date of the termination of the contract. to inform the regulatory authority and the network operators in whose network concerned counting points are located. This also applies analogously to the termination of the contractual relationship between the supplier and the accounting group responsible, whereby in this case the balance group responsible has to carry out the understandings.

(2) For each network area in which the supplier concerned has customers, the regulatory authority shall determine with a lot decision to which supplier the counting points remaining in the balance sheet group are to be assigned. The respective network operator shall be obliged to participate, and in particular he shall immediately inform the regulatory authority which suppliers are active in the network area. The lottery decision must be made between all remaining suppliers who supply customers in the respective network area. Should a supplier notify that he does not wish to supply the customers concerned, the lottery decision must be repeated. A rejection of the supply only with regard to part of the customer is inadmissible.

(3) The customers concerned shall be informed by the new supplier. The network operators shall transmit electronically to the new supplier the data to be transmitted in the event of a change of supplier.

(4) Up to the beginning of the effectiveness of the replacement supply, any compensation energy quantities resulting from the supplier's lack of energy supply shall be made up of the individual collateral provided by the balance sheet group coordinator. . If these are not sufficient, the expenses incurred are to be charged in the compensation energy bill for more than one year.

(5) The new supplier has to supply the associated customers at reasonable prices, whereby household customers may not be supplied at higher prices than the customers who are supplied to the household tariffs of the respective supplier.

(6) When fed via a counting point, the new supplier shall accept the energy supplied at market prices minus the aliquot charges for balancing energy for the energy fed in.

(7) The associated customer shall be supplied with the general conditions indicated by the Authority, in so far as these conditions are applicable to the respective customer group. Binding deadlines, deadlines and dates for termination of the contract shall not apply in the General Terms and Conditions.

(8) In any case, the associated customer may terminate the contract in compliance with a two-week period. The new supplier may terminate the contract in compliance with an eight-week deadline.

(9) All market participants concerned shall be mutually supportive in order to ensure the complete supply of the customers concerned. "

6i. In Section 78 (1) and (2), the following shall be followed in each case by the following: "are committed," the phrase "once a year" , and the word shall not be used "(annual accounts)" .

6j. § 79 (7) reads:

" (7) From 1. January 2015 shall be assigned to the final consumer in a calendar year of amounts of proof of electricity produced in this calendar year. As a proof of the documentation provided for in paragraph 6, only evidence issued pursuant to § 10 Ökostromgesetz 2012, § 71 or pursuant to § 72 may be issued. in accordance with § 11 Ökostromgesetz 2012 or in accordance with § 73. "

6k. According to § 79, the following § 79a and heading is inserted:

" Commitment to electricity labelling

§ 79a. (1) Suppliers supplying final consumers in Austria shall be obliged to demonstrate the entire quantities of electricity supplied to their customers for the purpose of final consumption, with deliveries of electrical energy to customers who do not Household customers are, from 1. January 2015 is to be fully documented with evidence.

(2) By way of derogation from paragraph 1, section 78 and section 79, the power supply to the pumped storage power plants shall be subject to proof by the electricity dealer or by a supplier of the power supply. other suppliers shall be transferred to the operator of these power stations in the automatic register database. In this connection, 25% of the evidence must be deleted in relation to the origin of the stream. In the generation of electrical energy, the pumped storage power plants have the removed quantities of electricity by the electricity dealer or the power supply. Other suppliers with the transferred evidence in the electricity marking. "

§ 81 (3) is the following:

" (3) On invoices relating to the use of the system, taxes, charges and surcharges are to be disclosed separately on the basis of federal or state regulations. The individual components of the system usage fee shall be identified separately once a year. In addition, the following information shall be given in particular: "

6m. § 81 (3) Z 5 reads:

" 5.

Information on the type of meter reading, whether a meter reading by the network operator, a self-reading by the customer, a remote reading or a calculation of meter readings has been made; "

6n. In Section 81 (3) Z 8, the point shall be replaced by a line-point and the following Z 9 shall be added:

" 9.

Procedure for the initiation of dispute settlement procedures in accordance with § 26 Energy-ControlG. "

6o. § 81 (4) to (8) read:

" (4) Network operators and suppliers shall have consumption and settlement data for a period of three years from availability for the purpose of subsequent checks on the correctness, legality and for information on authorized end consumers. and, free of charge, to be sent to a third party by the end user, and only if it is expressly instructed by the final consumer. This shall be without prejudice to the powers of the State Governments and the regulatory authority in accordance with Section 88, provided that, immediately after the date of their reading, data from other end users are aggregated as far as possible and subsequently anonymized; and are only used in this anonymized form.

(5) Subamounts for both the use of the network and the supply of energy shall be calculated in a factual and appropriate manner on the basis of the final annual consumption. If annual consumption is not available, the partial amounts shall be calculated on the basis of the expected electricity consumption, on the basis of the estimate of the consumption of comparable customers. The quantity in kWh based on the partial amount calculation shall be communicated to the customer in writing or at the customer's request electronically.

(6) If intelligent measuring instruments are installed, end users shall have at least the right to vote between a monthly invoice and an annual invoice.

(7) The regulatory authority may, in case of reasonable suspicion of non-transparent market behaviour in relation to multi-tariff periods in connection with intelligent measuring instruments, prescribe guidelines for the transparency of these tariffs for suppliers. In addition, the regulatory authority may specify that suppliers must at least offer a time-independent tariff.

(8) Suppliers have to inform on the invoice of the possibility of a dispute settlement procedure in accordance with § 26 Energy-ControlG. "

6p. According to § 81, the following § 81a and § 81b shall be inserted together with the heading:

" consumption and electricity cost information when measured by intelligent measuring instruments

§ 81a. (1) End consumers whose consumption is measured by means of an intelligent measuring instrument shall be sent monthly by the supplier within one week of the transmission of the measured values recorded by an intelligent measuring instrument in accordance with § 84 (1) of the on the basis of the measured daily values or, in so far as they are relevant, the quarterly figures prepared, detailed, clear and comprehensible consumption and electricity cost information on the total cost free of charge by electronic means , At the express request of the final consumer, this consumption and electricity cost information is not to be transmitted. The final consumer must be given the option of obtaining the information on consumption and electricity, on request, free of charge, in paper form, as well.

(2) In the case of a separate financial statement by the network operator, paragraph 1 shall apply to the system operator.

(3) End users shall be informed, in a transparent, comprehensible and free-of-charge way, of their rights of access to their consumption data as referred to in paragraph 1.

(4) The regulatory authority may, by means of a Regulation, lay down minimum requirements for the level of detail and the form of provision of the information on consumption and electricity costs as set out in paragraphs 1 and 2. In doing so, it has to take into account the comprehensibility and the suitability of the information for the effect of efficiency gains.

Consumption and electricity cost information without measurement by intelligent measuring instruments

§ 81b. End-users without load profile counters, whose consumption is not measured by means of an intelligent measuring instrument, shall be provided with detailed, clear and comprehensible consumption and electricity cost information with the invoice. In addition, the network operator shall be able to give these end users the possibility of announcings of meter readings once a quarter. In the event of the announcement of the meter reading, the network operator shall be obliged to send the consumption data to the supplier without delay and at the latest within ten days of the transmission by the end user. Within two weeks, the final consumer shall be provided with detailed, clear and comprehensible information on consumption and electricity, free of charge, by electronic means. § 81a shall apply mutatily. At the express request of the final consumer, this consumption and electricity cost information shall not be transmitted. "

6q. In Section 82 (1) and (2), the word order shall be "an information sheet to be submitted to the invoice" through the phrase "an information sheet to be submitted once a year" replaced.

6r. § 82 para. 1 Z 7 reads:

" 7.

on the right to supply in accordance with § 77, "

6s. In § 82 (1) (8) (8) the point shall be replaced by an accoration and the following Z 9 and 10 shall be added:

" 9.

information on the rights of end-users in accordance with § 81b,

10.

Information on the rights of the final consumer pursuant to § 84. "

6t. § 82 para. 2 Z 4 reads:

" 4.

Information on the rights of end-users in accordance with § 81b, "

6u. § 82 (5) is deleted and § 82 (4) receives the sales designation "(6)" ; § 82 (3) to (5) read as follows:

" (3) In cases of breach of contract, in particular in the event of late payment or non-performance of an advance payment or security performance, the network operator shall be obliged at least twice including a period of grace of at least two weeks in each case to warn. The second reminder shall also contain information on the consequence of a disconnection of the network access after the two-week grace period has been lost and the associated estimated costs of any disconnection. The last warning has to be done with the letter written. In the case of any reminder within the meaning of the first sentence, network operators shall draw attention to the possibility of recourse to advisory bodies in accordance with paragraph 7. If the contract for the supply of electrical energy (energy supply contract) has been infringed, the supplier shall comply with this payment procedure.

(4) In the event of termination of an energy supply contract due to ordinary termination, time lapse or contradiction in accordance with § 80 (2), neither the network operator nor the supplier shall carry out a payment method in accordance with paragraph 3. This also applies to abusive behavior of the end user, such as manipulation of measuring devices.

(5) If a security benefit or advance payment is requested by the network operator or supplier, any end user without a load profile counter, without prejudice to the rights granted to him in accordance with Section 77, shall instead have the right to use a Counting device with prepaymentfunction. "

6v. In accordance with § 82 (6), the following paragraphs 7 and 8 are added:

" (7) Suppliers with more than 49 employees and a turnover of more than EUR 10 million or a balance sheet total of more than EUR 10 million shall have as of 1. January 2015 a start-up and consulting centre for their customers for questions on the topics of electricity labelling, supplier change, energy efficiency, electricity costs and energy poverty.

(8) Disconnections of installations of household customers and small enterprises as a result of late payment may not be made on the last working day before weekends or public holidays. "

6w. In § 83 (1), last sentence, the point is replaced by a supplement and the following word sequence is added:

" to report on the introduction, in particular also on the cost situation, the network situation, data protection and data security and the development of consumption among end users, and the end users to be promptly informed about the installation of an intelligent To inform measurement equipment and the associated framework conditions. Within the framework of the requirements for the installation of intelligent measuring instruments determined by the Regulation, the network operator has to take into account the desire of a final consumer not to receive an intelligent measuring instrument. The regulatory authority has the task of informing the final consumer of the general aspects of the introduction of smart meters and of the introduction of smart meters, in particular the cost situation, which is Network situation, data protection and data security, to the extent that it is known to report annually to the state of developments at European level and on the development of consumption among end-users. "

6x. The last sentence is deleted in § 83 (2); the following sentences in paragraph 2 and the following paragraphs 3 to 6 are added:

" The Regulation shall prescribe at least those minimum functionalities which must contain intelligent measuring instruments in order to carry out the tasks set out in paragraphs 3 to paragraph 5 and in § 84 and § 84a. In any case, the intelligent measuring instruments shall be equipped to the effect that the measurement and storage of meter readings can be carried out in an interval of 15 minutes, the storage of the values for 60 calendar days in the intelligent measuring instrument shall be effected, Remote reading of the data stored in the device via a bi-directional communication interface as well as an interruption and release of the system from the distance is possible and a retrievability of the data by the end user via a unidirectional communication interface can be done. The regulatory authority shall involve the representatives of consumer protection, as well as the data protection authority and the data protection council as far as possible. The operation of intelligent measuring instruments as well as their communication, also to external devices, are to be secured according to the recognized state of the art, in order not to allow unauthorized persons to access the current counter reading. The operation of intelligent measuring instruments has to comply with the legal and data protection regulations as well as the recognized state of the art.

(3) By default, the display on the smart meter is to be configured in such a way that only the current reading can be read. For the purpose of verifying that the billing-relevant values stored in the measuring device are checked, the display of the intelligent measuring device must be released on the customer's request in such a way that a check of these values on the basis of the display is shown. of the intelligent measuring instrument itself. This clearance shall be free of charge and without excessive additional costs for the final consumer. At the express request of the end user, the visual display can be reset in a timely manner and free of charge back to its original configuration status.

(4) In particular, in the case of exchange or termination of the contractual relationship with the network operator, the display of the historical measurement values of the previous contractual relationships, if any, must be secured in such a way that a reading on the basis of the display or read-out on the basis of a unidirectional interface of the intelligent measuring instrument by non-authorized persons is prevented. This blocking is to be lifted immediately and free of charge as soon as no more measured values of the preceding contractual relationship are available in the intelligent measuring instrument itself. However, the obligations of the network operator arising from statutory provisions and the present contractual relationship for the provision of the values pursuant to section 84 (1) and (2) and the transmission to the supplier are independent of this. pursuant to Section 84a (2).

(5) The obligation of the network operator to secure the measured values stored in the intelligent measuring instrument against access by non-authorized persons within the meaning of paragraph 2 also applies analogously to all other existing interfaces of the device.

(6) Provided that it requires the guarantee of data protection and data security in connection with the operation of intelligent measuring systems, the Federal Minister for Economic Affairs, Family and Youth may, in agreement with the Federal Chancellor, with Regulation shall lay down more detailed provisions on the state of the art to which a network operator has to comply, on the basis of the relevant international rules and the technical and economic feasibility of implementing them. In particular, the annual reports of the regulatory authority referred to in paragraph 1 as well as international safety standards shall be taken into account. "

6y. § 84 and § 84a are:

" § 84. (1) Network operators shall ensure that, at the latest six months from the date of installation of an intelligent measuring instrument, a consumption value, as well as all quarter-hour values in the intelligent system, are used once a day for the final consumer. Measuring device is recorded and available for the customer for 60 calendar days in the intelligent measuring instrument for the purposes of billing, customer information (§ 81a), energy efficiency, energy statistics and the maintenance of a safe and efficient Network operations are stored. Each installed intelligent measuring device must be assigned to a network user category according to § 16 (2).

(2) Network operators shall be obliged to use, in any event, the daily consumption values and, at the express request of a contractual agreement or agreement, those end users whose consumption is measured by means of an intelligent measuring instrument; At least 12 hours after the reading out of the measuring device can be made available free of charge by means of a customer-friendly web portal at least twelve hours after the reading. The readout of these consumption values from the measuring instrument must be carried out at least once a day. For this purpose, the network operators shall make arrangements for the secure identification and authentication of the end users on the web portal and for the encrypted transmission of the data according to the state of the art. End-users who do not have Internet access or who have access to the Internet in an unreasonable way can, as far as possible, be able to provide a comparable information stand.

(3) In the event of the use of information on the path of the web portal referred to in paragraph 2, the final consumer shall be informed, in a transparent way, by means of an explicit reference that the use of this option is to be used for the remote reading of their consumption data from the intelligent measuring instrument, and the provision of data in the web portal shall end after the expiry of 36 months from availability and in the case of the termination of the contractual relationship with the network operator. This explicit reference must be made at least in the general conditions of network operators as well as immediately upon registration in the web portal.

(4) End users shall be allowed to return their user account in the web portal according to paragraph 2 free of charge at any time, either independently or by the network operator, without excessive additional costs for the end user. delete. In this case, the further reading and processing of consumption data from the intelligent measuring instrument of the end user concerned shall not be required for the purposes of the provision in the web portal. In addition, it is also possible to allow end users to delete consumption values in the web portal at least for months at the same time, taking the opportunity of local security with regard to the audit.

(5) In addition, the network operator shall, at the express request, allow end users to read out all the measured values recorded in this device via a unidirectional communication interface of the intelligent measuring instrument. All data collected in the measuring instrument are to be output via this interface in such a time-oriented cycle that the applications available in the installation of the end user, which require data in this respect, are useful and efficient. can be operated. Access as well as the specifications of this communication interface shall be made available on request to all authorized persons, non-discriminatory and free of charge.

(6) End users shall be informed in a transparent and comprehensible way about their rights as referred to in paragraph 1 to paragraph 5 for access to their consumption data by the network operator.

(7) The regulatory authority may, by means of a regulation, determine the level of detail and the form of the provision of the information on the web portal referred to in paragraph 2 above. Where necessary, the regulatory authority may determine the level of detail of the data provided by the interface referred to in paragraph 5. In doing so, it has to take into account the comprehensibility and the suitability of the information for the effect of efficiency gains. In addition, the regulatory authority may lay down requirements for the standardised transmission of the data and their format from the network operator to the final consumer or to third parties authorised by the final consumer, with direct access to third parties the web portal is inadmissible at any rate.

§ 84a. (1) A read-out including the use of quarter-hour values of the final consumer by the network operator shall only be made with the express consent of the end consumer or for the performance of duties from a quarter-hour value selected by the customer. the delivery contract is valid. In addition, network operators may, in justified local individual cases, read this data out of the intelligent measuring instrument without the consent of the end user, insofar as this is done for the purpose of maintaining a safe and efficient Network operations are essential. The relevant data shall be deleted immediately as soon as they are no longer required for the purpose of carrying out the purpose. Network operators shall submit annually to the regulatory authority a report on the seizures of such data read-outs. Furthermore, the Federal Minister for Economic Affairs, the Family and Youth shall arrange for quarter-hour values for the purpose of the electricity statistics pursuant to § 92, in particular for the purpose of the developments of the fluctuations in the day-to-day (day-of-day lines) of the To evaluate the production of renewable energy sources as well as developments in the daily fluctuation of electricity consumption from the public grid, and on the orders of the regulatory authority for the purpose of energy management in accordance with the Energy Law 2012 Act as well as for the purpose of monitoring according to § 88 of the intelligent measuring instrument as long as they are aggregated as far as possible immediately after their reading with data from other end users and are subsequently anonymized and used only in this anonymized form. Data may only be read out from an intelligent measuring instrument for statistical purposes if the statistical data required for this purpose are not available from network operators. In the event of a reading of the quarter-hour values without consent, the end user shall be informed promptly about it.

(2) Network operators shall, at the beginning of the following calendar month, immediately and at the latest on the fifth of this month, be obliged to supply all daily consumption values of those end users whose consumption is carried out by means of an intelligent measuring instrument is to be transmitted to the respective suppliers for the purposes specified in § 81a and for the purposes of settlement; quarter-hour values may only be carried out after the express consent of the end user or for the performance of contractual obligations. Obligations shall be transmitted to the supplier. The regulatory authority may, by means of a regulation, lay down the requirements for the standardised transmission of these data and their format from the network operator to the supplier or to third parties authorised by the final consumer.

(3) Requesters a contract to read out, together with the use of quarter-hour values, or if the final consumer gives his consent to the reading, together with the use of quarter-hour values, stating their purpose, the end user shall be informed by means of a the express notification that the contract is concluded with the conclusion of a contract or may be used with the consent of the data use. This explicit reference must be made in accordance with the purpose of the use of data in the general conditions of network operators as well as in the General Terms and Conditions and in the contract form of the suppliers.

(4) The installation of an intelligent measuring instrument according to § 83 (1) shall be carried out in the case of a final consumer with an upright contractual relationship, the continuation of which shall be mandatory on the basis of an existing day-time-dependent calculation of the reading of Whereas consumption values which exceed a daily consumption value would require the end user to be verifiably, transparently and comprehensibly informed of this circumstance; In addition, the final consumer is demonstrably, transparently and comprehensibly informed about the possibility of a conversion to a settlement which requires only the reading of daily consumption values. In order to continue the contractual relationship with the original conditions, it is necessary to express the consent of the final consumer.

(5) Use of consumption data measured by means of intelligent measuring instruments for purposes other than those specified in paragraph 1 bis (4) as well as § 76, § 81, § 81a, and § 84, for administrative, administrative or civil court proceedings Proceedings not directly related to the purposes of this Act shall be inadmissible. "

7. In Section 89 (2), the name shall be: "the Administrative Court" by the name "the administrative court of the country" replaced.

8. (Determination of the principles) § 90 reads:

" § 90. (Policy determination) Unless otherwise specified in the individual case, the Authority shall be the Land Government within the meaning of the basic provisions of this Federal Law. "

8a. (determining the principles) In § 91 (1), the word order shall be 'the implementing laws shall have to provide for an electricity supply' through the phrase "the implementing laws may provide for an electricity advisory board" replaced.

8b. In § 92, the following paragraph 6 is added:

"(6) The statistical data collected by the regulatory authority shall be published."

8c. (constitutional provision) § 97 shall not be taken together with the heading.

8d. § 99 (1) Z 4 to Z 6 are:

" 4.

ensure that the exchange period provided for in § 76 (2) is not complied with;

5.

Contrary to § 76, paragraph 4, last sentence, initiates a process without a declaration of intent by a final consumer;

6.

does not comply with its obligations under section 76 (5) to (7); "

9. § 99 (1) the following Z 7 to Z 16 are added:

" 7.

Contrary to Article 4 (1) of Regulation (EU) No 1227/2011, inside information is not known, not correct, not complete, ineffective or not sufficiently well known in good time;

8.

, contrary to Article 4 (2) of Regulation (EU) No 1227/2011, insider information is not transmitted, not correct, in full or without delay;

9.

contrary to Article 4 (3) of Regulation (EU) No 1227/2011, the simultaneous, complete and actual disclosure of information does not ensure that information is provided;

10.

contrary to Article 8 (1) of Regulation (EU) No 1227/2011, in conjunction with an implementing act pursuant to Article 8 (2) of Regulation (EU) No 1227/2011, a record referred to there not, not correct, not timely or not complete ,

11.

contrary to Article 8 (5) of Regulation (EU) No 1227/2011, in conjunction with an implementing act, in accordance with Article 8 (6) of Regulation (EU) No 1227/2011, information referred to therein is not, not correct, not timely or not complete ,

12.

it is not, contrary to Article 9 (1) in conjunction with paragraph 4 of Regulation (EU) No 1227/2011, to register with the regulatory authority in good time or not in good time;

13.

register with more than one national regulatory authority, in accordance with the second subparagraph of Article 9 (1) of Regulation (EU) No 1227/2011;

14.

, contrary to Article 9 (5) of Regulation (EU) No 1227/2011, it does not immediately notify any modification of the information required for registration;

15.

contrary to Article 15 of Regulation (EU) No 1227/2011, not properly, not fully or in good time, the regulatory authority is not informed;

16.

the manner referred to in Article 3 (1) of Regulation (EU) No 1227/2011, but without the intention of obtaining an asset advantage by itself or by a third party, using inside information and thus being contrary to the prohibition of insider trading, provided that it is referred to in Article 3 (2) lit. e Regulation (EU) No 1227/2011 should be aware or should be aware that it is inside information within the meaning of Article 2 Z 1 of Regulation (EU) No 1227/2011. "

9a. § 99 (2) Z 5 reads:

" 5.

does not comply with its obligations to transfer data in accordance with section 19 (4) or section 76 (4); "

9b. § 99 (2) Z 11 to Z 15 reads:

" 11.

does not fulfil its obligations pursuant to § 81 to § 81b;

12.

does not comply with the obligations laid down in a regulation pursuant to § 81a, § 81b, § 83, § 84 or § 84a;

13.

does not fulfil its obligations pursuant to § 82 or § 83;

14.

does not comply with its obligations under Section 84;

15.

does not comply with its obligations under Section 84a; "

9c. § 99 (3) Z 1 reads as follows:

" 1.

Contrary to § 11, § 48 para. 2, § 76 or § 84 data unlawfully disclosed; "

10. § 99, the following paragraphs 4 and 5 are added:

" (4) Where the action does not constitute the offence of a criminal offence or a fine of fines falling within the jurisdiction of the ordinary courts, or is threatened with tighter penalty under other administrative penalties, a Administrative surrender and punishable by a fine of up to EUR 150 000, who

1.

contrary to Article 5, in conjunction with Article 2 (2) (2) and (3) of Regulation (EU) No 1227/2011, a market manipulation or an attempt to manipulate the market;

2.

to the manner referred to in Article 3 (1) of Regulation (EU) No 1227/2011 with the intent to obtain an asset benefit for itself or to a third party, uses inside information and thus is contrary to the prohibition of insider trading, provided that: in accordance with Article 3 (2) lit. e Regulation (EU) No 1227/2011 should be aware or should be aware that it is inside information within the meaning of Article 2 Z 1 of Regulation (EU) No 1227/2011.

(5) Provided that the action does not constitute the offence of a criminal offence or a fine of fines falling within the jurisdiction of the ordinary courts or is threatened with tighter punishment under other administrative penalties, a Administrative transgressing and punishable by a fine of up to 10 000 euros

1.

does not fulfil its obligations to communicate insider information pursuant to § 10a;

2.

does not comply with the data transfers arranged pursuant to Article 25a (2) of the E-ControlG;

3.

does not comply with its information and cooperation obligations pursuant to Section 25a (3) E-ControlG. "

10a. § 103 with title:

" Special provisions on administrative criminal proceedings

§ 103. (1) The period of limitation (§ 31 para. 2 VStG) for administrative transgressions according to § 99 bis § 102 is one year.

(2) The attempt is punishable. An asset advantage that has been achieved is to be declared expired. "

10b. § 108 para. 1 receives the sales designation "(1)" ; the phrase "§ 76 (3)" is due to the phrase "§ 76 (4)" as well as the phrase "§ 84 (1)" through the phrase "§ 84" replaced.

11. In accordance with § 108, the following § 108a with headline is inserted:

" Misuse of insider information

§ 108a. (1) Persons within the meaning of Article 3 (2) (lit). a to lit. d of Regulation (EU) No 1227/2011, which are

1.

Members of the administrative, management and supervisory bodies of a company,

2.

persons with participation in the capital of a company,

3.

persons who have access to information in the course of the performance of their work or profession or the performance of their duties; and

4.

persons who have procured this information in a criminal manner,

the inside information referred to in Article 2 (1) (1) of Regulation (EU) No 1227/2011 concerning wholesale energy products within the meaning of Article 2 (4) of Regulation (EU) No 1227/2011 with the intention of using, or a third party, the purpose of using the principle of to provide an asset advantage by:

a.

this information is used directly or indirectly in the course of the acquisition or disposal of such wholesale energy products to which the information relates, for its own account or for a foreign invoice,

b.

Communicate this information to third parties, in so far as this is not done in the normal course of the performance of their work or profession or the performance of their duties, or

c.

recommend, on the basis of inside information, other persons or other persons to acquire or sell such wholesale energy products to which the information relates,

shall be punished by the court with a term of imprisonment of up to three years.

(2) Anyone who, as an insider pursuant to paragraph 1 (1) to (4), has an inside information within the meaning of Article 2 (1) (1) of Regulation (EU) No 1227/2011 in respect of energy wholesale products referred to in Article 2 (4) of Regulation (EU) No 1227/2011 in respect of the energy wholesale products referred to in Article 2 (1) of Regulation (EU) No 1227/2011, in The Court of First Instance shall, however, use the manner referred to in paragraph 1, but without the purpose of obtaining an asset benefit for itself or a third party, to punish up to six months or with a fine of up to 360 days ' rates.

(3) The deed shall not be punishable under para. 1 and 2 if:

1.

a transmission system operator, within the meaning of Article 3 (3) of Regulation (EU) No 1227/2011, buys electricity in order to ensure the safe operation of the network; or

2.

which is referred to in Article 3 (4). a to c of Regulation (EU) No 1227/2011 shall act in the manner described therein.

(4) The responsibility for carrying out the main proceedings for misuse of insider information is the responsibility of the Landesgericht für Criminal Court (Landesgericht für Criminal Court) Vienna. This also applies to the procedure for an act which, at the same time, fulfils the facts of the abuse of inside information and of an act of a different nature which is punishable by a court. "

(11a) § 109 (3) last sentence reads:

" (3) § 59 para. 6 Z 6 occurs with 1. Jänner 2013 in force. "

§ 109, the following paragraph 4 is added

" (4) § 2 Z 5 and 6 including the final part, § 10a, § 99 (1) Z 7 to Z 16, § 99 (4) and (5) and § 108a in the version of the Federal Law BGBl. I No 174/2013, shall enter into force with the month most of the year following the event. Section 48 (2), section 50 (4) and section 89 (2), as amended by the Federal Law BGBl (Federal Law Gazette). I No 174/2013, 1. Jänner 2014 in Kraft "

Section 110 is added to the following para. 3

" (3) § 23 para. 7 and § 90, in the version of the Federal Law BGBl. I No 174/2013, 1. Jänner 2014 in force. "

14. § 111 (1) the following sentence is added:

"In the case of the amendment of this Federal Law, the regulations adopted pursuant to the legislation of this Federal Act remain in force."

15. In accordance with Section 111 (2), the following paragraph 3 is added:

" (3) pumped storage power stations and installations for the conversion of electricity into hydrogen or synthetic natural gas, which will be put into service for the first time after the entry into force of this provision by the end of 2020, shall not have any of the electrical energy to be used up to By the end of 2020, network usage charges and network loss charges are to be paid. "

16. (Determination of the Constitution) In Section 114 (2), the word order is deleted "§ 97," .

17. The name of Annex III is:

" Annex III

(on § 71) "

Article 2

Amendment of the Gaswirtschaftsgesetz 2011

The Federal Act, which is to introduce new regulations in the field of natural gas industry (Gaswirtschaftsgesetz 2011-GWG 2011), Federal Law Gazette (BGBl). I n ° 107/2011, as last amended by the Federal Law BGBl. I No 138/2011, shall be amended as follows:

1. The table of contents shall be amended as follows:

1. In the table of contents, the word order " § 96. Physical settlement point for gas exchange operations " replaced by " § 96. Operator of the virtual trading point " , the phrase " § 123. Change of supplier or balance sheet group and resignation process " replaced by " § 123. Procedures for change, registration, logout and objection " , the phrase " § 124. Last Instance Provider " replaced by " § 124. Basic Supply " , according to § 124 the word order " § 124a. Spare power supply with energy " , according to § 126 the word order § 126a. Consumption and gas cost information in the case of measurement by intelligent measuring instruments " , according to § 126a the word order " § 126b. Consumption and gas cost information without measurement by intelligent measuring instruments " , inserted and the phrase § 163. Statute of limitations " replaced by § 163. Special provisions on administrative criminal proceedings " .

1a. (constitutional provision) § 1 reads:

" § 1. (constitutional provision) The matters governed by this Federal Act may be directly concerned by the bodies provided for in those provisions. "

2. In § 2, at the end of Z 1 the stroke point is deleted, in Z 3 the word sequence is deleted. "and the" by the word "the" replaced, in Z 4 the word "and" shall be added and the following Z 5 shall be added after Z 4:

" 5.

Regulation (EU) No 1227/2011 on the integrity and transparency of the wholesale energy market, OJ L 327, 28.12.2011, p. No. OJ L 326, 08.12.2011 p. 1;

2a. § 7 (1) Z 26 reads:

" 26.

"intelligent measuring instrument" means a technical device that measures the actual meter reading and usage period in a timely manner and which has a remote-readable data transmission. These devices are designed for universal installation and therefore differ in type, attachment and transmission from the load profile counter; "

3. In accordance with § 10, the following § 10a together with the heading is inserted:

" Notice of Insider Information

§ 10a. Any operator who is obliged to publish inside information within the meaning of Article 4 of Regulation (EU) No 1227/2011 shall communicate the facts to be published simultaneously with the publication of the E-Control. "

3a. In § 27, the following paragraph 3 is added:

" (3) Each counting point shall be assigned by the network operator to a network user category. The regulatory authority shall, by means of Regulation, establish network user categories, in each case separately for feed-in and entrainers, and the time frame for this allocation. "

3b. In § 28 (3) Z 9, the phrase "§ 123 (1)" through the phrase "§ 123 (5)" replaced.

3c. In § 31, the following paragraph 5 is added:

" (5) Each counting point shall be assigned by the network operator to a network user category. The regulatory authority shall specify the categories of users of the network, separated by feed and operator, and the time frame for this allocation. "

(4) § 69 (3) last sentence reads:

" The Austrian Chamber of Commerce and the Federal Chamber of Labour may complain to the Federal Administrative Court against decisions of the regulatory authority pursuant to para. 1 and 2 for infringement of the provisions of § 73 bis § 82 of the Federal Administrative Court, as well as in other cases. Follow Art. 133 B-VG Revision to the Verwaltungsgerichtshof. "

5. § 71 reads:

" § 71. (1) Differing amounts between the actual revenues generated and the revenue of the Gas System Usage Charges Regulation are based on the determination of the cost base for the next gas system use charges to be adopted-Regulations to balance.

(2) A measure of exceptional income or expenses may be distributed through the regulatory account over a reasonable period of time.

(3) If a notice of costs has been lifted, a different cost determination in the replacement decision must be taken into account in determining the cost base for the next fee periods.

(4) If a notice of costs has been amended, a different cost determination shall be taken into account in determining the cost base for the next period of payment.

(5) Is a gas system usage fee regulation or a regulation based on § 23bis § 23c of the Gaswirtschaftsgesetz (Gaswirtschaftsgesetz), BGBl. I n ° 121/2000, as amended by the Federal Law BGBl. No 148/2002, annulled by the Constitutional Court, or the Constitutional Court declared that a regulation was unlawful, and the resulting reduction or multiple proceeds are the result of the determination of the Cost base shall be taken into account for a reasonable period of time.

(6) The claims and obligations which are covered by the regulatory account shall be activated or passivated within the framework of the annual financial statements. The assessment of the items shall be governed by the applicable accounting rules.

(7) Para. 3 bis (5) shall apply mutas to the provisions of § 82. "

5a. In Section 73 (1), the sentence shall be: "The performance-related share of the network usage fee shall be related to a period of one year and may be determined as a lump sum." by the sentence "The performance-related share of the network usage fee may be related to a period of one year and can be determined as a lump sum." replaced.

5b. In § 73 (2), after the word "Accounting Period" the phrase "daily or" inserted.

The first sentence of Article 77 (4) reads as follows:

" A Ab-or Read out of the counting device-with the exception of load profile counters, which are read out by the network operator at least monthly at least, as well as intelligent measuring instruments, which are read out in accordance with § 129 paragraph 1,-at least once a year to "

5d. In § 79, the following paragraph 8 is inserted:

" (8) If the regulatory classification applied for one or several years of regulatory periods pursuant to para. 1 to 6 causes a delay in the payment by the system usage charges, corresponding difference amounts within the scope of the Annual accounts are activated and/or these are to be passivated as a provision within the framework of the annual financial statements. The assessment of the items shall be governed by the applicable accounting rules. "

5e. In § 87, the following paragraph 5 is added:

" (5) The annual financial statements of the balance sheet group coordinator shall have the effect of limits on any difference amounts resulting from the compensation for compensation within a financial year, and shall be in balance in the following financial year. The part of the expenses not covered by proceeds from the compensation energy accounts for a financial year shall be used as a settlement requirement in the annual accounts of the balance sheet group coordinator and shall be charged with future surpluses from the Compensation for compensation. If, in a financial year, the income from the compensation energy account of a financial year exceeds the related expenditure, the resulting surpluses shall be the balance sheet of the balance sheet of the To adjust the balance group coordinators and to offset the resulting undercover from the compensation energy bill. "

Section 93 (1) Z 1 reads as follows:

" 1.

Agreements with the balancing group coordinator, the distribution area manager, the operator of the virtual trading point, the natural gas exchange at the virtual trading point, as well as the market area manager, who are responsible for fulfilling the requirements of this law. tasks and obligations, in particular in administrative and commercial terms, are required; "

5g. § 96 together with headline reads:

" Operator of the Virtual Trading Point

§ 96. The operator of the virtual trading point has the market area manager and/or the settlement office for transactions and price formation for balancing energy in the distribution network, if necessary, to conclude agreements. This is to ensure that all balancing needs and activities that are caused by the network user's stock exchange activities and can be influenced by nominations are to be concentrated at the virtual trading point. "

5h. § 123 with headline reads:

" Procedure for change, registration, logout and objection

§ 123. (1) Consumers within the meaning of Section 1 (1) (1) (2) of the KSchG and small enterprises may terminate contracts with their supplier, subject to a period of two weeks, without having to comply with a separate notice of termination. Suppliers may terminate contracts with consumers within the meaning of Section 1 (1) (1) (2) of the KSchG and small enterprises only if they comply with a deadline of at least eight weeks. If binding deadlines are contractually agreed, the ordinary termination shall be at the latest by the end of the first contract year and subsequently for the consumer within the meaning of section 1 (1) (1) of the KSchG and small enterprises, subject to a deadline of two weeks as well as for carers, subject to a deadline of at least eight weeks.

(2) The duration of the procedure applicable to the exchange of supply may, without prejudice to other existing civil law obligations, take up to a maximum of three weeks, calculated from the point of view of the exchange of supply by the network operator. In the design of the procedure, in particular the technical and organisational measures to be taken in connection with a change from the network operator, the compatibility of the deadlines and the dates with the accounting according to the Balance sheet group system, ensuring security of supply as well as enforcement of customer wills. The supply change is not associated with any separate costs for the end user.

(3) End-users without a load profile meter may, for the initiation and implementation of the change, make relevant declarations of intent vis-à-vis suppliers electronically via websites to be offered at all times at any time. If a supplier is authorised by the end consumer to submit declarations of intent, the delegation shall be credited with the authorisation of network operators and other suppliers. The network operator shall inform the final consumer without delay of the initiation of the changeover process. Suppliers have to make user-friendly arrangements that ensure the identification and authenticity of the end user. Within the scope of the tariff calculator (§ 22 E-ControlG), the regulatory authority has to enable the websites of the providers to be found by setting hyperlinks. Suppliers shall be required to provide the regulatory authority with up-to-date information to the regulator.

(4) All processes necessary for the taking up of the exchange, the re-registration, the logout and the objection shall be carried out electronically through the platform to be operated by the clearing house. This applies in particular to the end consumer identification, the binding and termination inquiry as well as the data update and consumption data transmission. Network operators and suppliers shall have only the data necessary for the said procedures, namely the name, address, the counting point designation, the type of load profile, the existing supplier, and the binding and/or the binding and the final consumer identification. Cancellation deadlines, termination periods, dates of termination as well as binding time limits on the platform to be operated by the clearing house in a decentralized manner in a non-discriminatory manner to all authorised suppliers in standardized, to be electronically structured on request. Network operators and suppliers are also obliged to connect to this platform. Suppliers shall not initiate any process referred to in this paragraph without a declaration of intent by an end user.

(5) That for the platform (par. 4) use of data communication methods (communication protocol) is to be developed and independently verified according to the state of the art. The clearing house shall, in particular, make arrangements to ensure the identification and authentication of the new network operators and suppliers who request it.

(6) The clearing house as well as the network operators and suppliers shall record any request and exchange of information concerning end-consumer data carried out via the platform referred to in paragraph 4 in an audit-proof way. On the part of the clearing house, this logging has the advantage of all the method steps that are to be carried out via the interchangeable platform, in particular the duration of the method steps, the use of the method steps for the method steps. the deadlines for a possible full-power examination, the access by authenticated persons and the availability of the interfaces of the suppliers ' IT systems and the network operators with the platform. Network operators and suppliers shall have the date and time of the request and the exchange of information, the requesting and the information-issuing body and the purpose of the request or To collect information. Suppliers shall also provide information on the identification of the final consumer concerned and a unique identifier enabling the identification of the person who has made or has made a request pursuant to paragraph 4. All historical data shall be kept for three years from the date of birth and may only be used to assist in the control of the legality of a request, for the purpose of providing information and for the purposes of administrative criminal law, as well as § 24 and § 26 E-Control Act is used. On suspicion of abusive enquiries, and independently of this, the clearing house shall carry out random checks on the legality of the requests made, irrespective of the regular intervals. It shall submit a report to the regulatory authority every two years on the results of that examination, which shall publish the report in an anonymised form.

(7) The regulatory authority shall be empowered to regulate in more detail all the procedures applicable to the change of supply and to the procedures applicable to the re-registration and the logout of end-users. The regulatory authority is also empowered to regulate the nature and extent of the data referred to in paragraph 4 and the other types of data required for the fulfilment of the said objectives by means of a regulation. Likewise, the regulatory authority is empowered to set minimum safety standards for the form of data transmission (paragraph 1). 4 and 5) of network operators and suppliers of the platform operated by the clearing house, as well as details of the necessary data security measures, in particular logging, to be more closely regulated by regulation. The regulatory authority shall also be empowered to carry out certain processes from the compulsory electronic implementation provided for in the first and second sentence of paragraph 4, by means of the platform to be operated by the clearing house. if it seems to be necessary for a simpler and more cost-effective settlement. "

5i. In the headline on section 124 and in paragraph 1, the word sequences shall be "Last Instance Supper" , "Supply in Last Instance" and "Last Instance Supply" in each case by the word sequence "Basic Supply" replaced.

5j. In § 124, the following paragraphs 4 and 5 are added:

" (4) In the case of the appointment of consumers within the meaning of Section 1 (1) (1) (2) of the German Basic Law and Small Enterprises on the obligation to provide basic services, network operators shall be obliged to provide network services, without prejudice to any payment arrears existing at this point in time. Consumers may not be required to pay a security or advance payment in connection with this network service, which exceeds the amount of a partial amount payment for one month. Paragraph 3 shall apply mutatily. In the event of a renewed delay in payment following the obligation to provide basic services, network operators shall be entitled to physical separation of the network connection until payment of these outstanding amounts, unless the customer is responsible for the payment of these outstanding amounts. is committed to prepayment by means of prepayment payment for future network use and delivery. The network operator can refuse the prepayment payment exclusively for safety reasons. Section 127 (3) shall apply in the event of repayment of the payment. The obligation to pay the prepayment does not apply to small businesses with a load profile counter.

(5) A prepayment function established within the framework of basic services shall be deactivated at the customer's request if the final consumer has paid his or her payment arrears to the supplier and to the network operator as part of the basic supply, or if another debt-liberating event has occurred. "

5k. In accordance with § 124, the following § 124a, together with the title, is inserted:

" Spare supply of energy

§ 124a. (1) In the event of termination of the contract with the accounting officer or dissolves the contractual relationship with immediate effect, the balance group coordinator shall have the end of the contractual relationship and the date of the termination of the contract. to inform the regulatory authority, the market manager and the network operators in whose network concerned counting points are located. This also applies analogously to the following cases:

1.

for the termination of the contractual relationship between the supplier and the accounting group responsible, in which case the balance group responsible has to carry out the comprehension;

2.

for the termination of the contractual relationship between the accounting officer and the operator of the virtual trading point, in which case the operator of the virtual trading point has to agree to the regulatory authority;

3.

for the termination of the contractual relationship between the accounting officer and the market area manager, in which case the market area manager shall be notified by the regulatory authority.

(2) For each network area in which the supplier concerned has a customer, the regulatory authority shall determine, by lottery, to which supplier the counting points remaining in the balance sheet group are to be assigned. The respective network operator shall be obliged to participate, in particular he shall immediately inform the regulatory authority which suppliers are active in the network area. The lottery decision must be made between all remaining suppliers who supply customers in the respective network area. Should a supplier notify that he does not wish to supply the customers concerned, the lottery decision must be repeated. A rejection of the supply only with regard to part of the customer is inadmissible.

(3) The customers concerned shall be informed by the new supplier. The network operators shall transmit electronically to the new supplier the data to be transmitted in the event of a change of supplier.

(4) Up to the beginning of the effectiveness of the replacement supply, any compensation energy which results from the lack of energy supply from the supplier shall be made up of the individual collateral provided by the balance group coordinator. . If these are not sufficient, the expenses incurred are to be charged in the compensation energy bill for more than one year.

(5) The new supplier shall supply the associated customers at reasonable prices, whereby household customers may not be supplied at higher prices than the customers who are supplied to the household tariffs of the respective supplier.

(6) When fed via a counting point, the new supplier takes over the energy supplied at market prices minus the aliquot charges for balancing energy for the energy fed into the system.

(7) The associated customer shall be supplied with the general conditions indicated by the Authority, in so far as these conditions are applicable to the respective customer group. Binding deadlines, deadlines and dates for termination of the contract shall not apply in the General Terms and Conditions.

(8) In any case, the associated customer may terminate the contract in compliance with a two-week period. The new supplier may terminate the contract in compliance with an eight-week deadline.

(9) All market participants concerned shall be mutually supportive in order to ensure the complete supply of the customers concerned. "

5l. The entry rate of § 126 (3) reads as follows:

" (3) On invoices relating to the use of the system, taxes, charges and surcharges are to be disclosed separately on the basis of federal or state regulations. The individual components of the system usage fee shall be identified separately once a year. In addition, the following information shall be given in particular: "

5m. § 126 (3) Z 5 reads:

" 5.

Information on the type of meter reading, whether a meter reading by the network operator, a self-reading by the customer, a remote reading or a calculation of meter readings has been made; "

5n. In § 126 (3) Z 9, the point shall be replaced by a stroke, and the following Z 10 shall be added:

" 10.

Procedure for the initiation of dispute settlement procedures in accordance with § 26 Energy-ControlG. "

5o. § 126 (5) to (9) read:

" (5) Network operators and suppliers shall have data for consumption and settlement for a period of three years from availability for the purpose of subsequent checks on the correctness, legality and for information relating to authorised end-users. and, free of charge, to be sent to a third party by the end user, and only if it is expressly instructed by the final consumer. This shall be without prejudice to the powers of the regulatory authority in accordance with Section 131, provided that, immediately after its reading out with data from other end users, this data is aggregated as much as possible and subsequently anonymized and only in this in anonymized form.

(6) partial amounts for both network use and energy supply shall be calculated in a factual and appropriate manner on the basis of the last year's consumption. If annual consumption is not available, the partial amounts shall be calculated on the basis of the expected gas consumption on the basis of the estimate of the consumption of comparable customers. The quantity in kWh based on the partial amount calculation shall be communicated to the customer in writing or at the customer's request electronically.

(7) If intelligent measuring instruments are installed, end users shall have at least the right to vote between a monthly invoice and an annual invoice.

(8) The regulatory authority may, in case of reasonable suspicion of non-transparent market behaviour in relation to multi-tariff periods in conjunction with intelligent measuring instruments, prescribe guidelines for the transparency of these tariffs for suppliers. In addition, the regulator may require suppliers to offer a time-independent tariff in any case.

(9) Suppliers have to inform on the invoice of the possibility of a dispute settlement procedure in accordance with § 26 Energy-ControlG. "

5p. According to § 126, the following § 126a and § 126b together with the heading are inserted:

" consumption and gas cost information when measured by intelligent measuring instruments

§ 126a. (1) End users whose consumption is measured by means of an intelligent measuring instrument shall be a monthly supplier within one week of the transmission of the measured values recorded by an intelligent measuring instrument in accordance with § 129 (1). the measured daily values or, where relevant, the hourly values of the hourly values, clear and comprehensible consumption and gas cost information on the total costs, free of charge by electronic means. At the express request of the final consumer, this information on consumption and gas costs is not to be transmitted. The final consumer must be given the option of obtaining the information on consumption and gas costs on request, free of charge, in paper form, as well.

(2) In the case of a separate financial statement by the network operator, paragraph 1 shall apply to the system operator.

(3) End users shall be informed, in a transparent, comprehensible and free-of-charge way, of their rights of access to their consumption data as referred to in paragraph 1.

(4) The regulatory authority may, by means of a Regulation, lay down minimum requirements for the level of detail and the form of the provision of the information on consumption and gas costs as set out in paragraphs 1 and 2. In doing so, it has to take into account the comprehensibility and the suitability of the information for the effect of efficiency gains.

Consumption and gas cost information without measurement by intelligent measuring instruments

§ 126b. End-users without load profile counters, whose consumption is not measured by means of an intelligent measuring instrument, shall be provided with a detailed, clear and comprehensible consumption and gas cost information with the invoice. In addition, the network operator shall be able to give these end users the possibility of announcings of meter readings once a quarter. In the event of a notification of the meter reading, the network operator shall be obliged to send the consumption data to the supplier without delay and at the latest within ten days of the transmission by the end user. Within two weeks, the final consumer shall be provided with a detailed, clear and comprehensible information on consumption and gas costs, free of charge, by electronic means. § 126a shall apply mutatily. At the express request of the final consumer, this consumption and gas cost information shall not be transmitted. "

5q. In § 127 (1) and (2), the word order shall be "an information sheet to be submitted to the invoice" through the phrase "an information sheet to be submitted once a year" replaced.

Section 127 (1) Z 7 reads as follows:

" 7.

on the right to supply in accordance with § 124; "

5s. In § 127 (1) (8), the point is replaced by a line-point and the following Z 9 and Z 10 are added:

" 9.

Information on the rights of end-users pursuant to § 126b;

10.

Information on the rights of the final consumer according to § 129. "

5t. § 127 sec. 2 Z 4 reads:

" 4.

Information on the rights of end-users pursuant to § 126b; "

5u. § 127 (5) deleted and § 127 (4) receives the sales designation "(6)" ; § 127 (3) to (5) are:

" (3) In cases of breach of contract, in particular in the event of late payment or non-performance of an advance payment or security performance, the network operator shall be obliged at least twice including a period of grace of at least two weeks in each case to warn. The second reminder shall also contain information on the consequence of a disconnection of the network access after the two-week grace period has been lost and the associated estimated costs of any disconnection. The last warning has to be done with the letter written. In the case of any reminder within the meaning of the first sentence, network operators shall draw attention to the possibility of recourse to advisory bodies in accordance with paragraph 7. If the contract for supply of natural gas (energy supply contract) has been infringed, the supplier must comply with this payment procedure.

(4) In the event of termination of an energy supply contract due to ordinary termination, time lapse or contradiction in accordance with § 125 para. 2, neither the network operator nor the supplier shall carry out a payment method in accordance with paragraph 3. This also applies to abusive behavior of the end user, such as manipulation of measuring devices.

(5) If a security benefit or advance payment is requested by the network operator or supplier, each end user shall have no load profile counter, without prejudice to the rights granted to him in accordance with Section 124, instead-as far as this is security-related. -the right to use a counter with a prepaymentfunction. "

5v. According to Section 127 (6), the following paragraphs 7 and 8 are added:

" (7) Suppers with more than 49 employees and a turnover of more than 10 million euros or a balance sheet total of more than 10 million euros will be provided with a total of 1. January 2015 a start-up and consulting centre for their customers for questions on the topics of supply change, energy efficiency, gas costs and energy poverty to be set up.

(8) Disconnections of installations of household customers and small enterprises as a result of late payment may not be made on the last working day before weekends or public holidays. "

5w. In § 128 (1), last sentence, the point is replaced by a supplement and the following word sequence is added:

" to report on the introduction, in particular also on the cost situation, the network situation, data protection and data security and the development of consumption among end users, and the end users to be promptly informed about the installation of an intelligent To inform measurement equipment and the associated framework conditions. Within the framework of the requirements for the installation of intelligent measuring instruments determined by the Regulation, the network operator has to take into account the desire of a final consumer not to receive an intelligent measuring instrument. The regulatory authority has the task of informing the final consumer of the general aspects of the introduction of smart meters and of the introduction of smart meters, in particular the cost situation, which is Network situation, data protection and data security, to the extent that it is known to report annually to the state of developments at European level and on the development of consumption among end-users. "

5x. In § 128 (2), the last sentence is deleted and the following sentences and the following paragraphs 3 to paragraph 6 are added:

" The Regulation must prescribe at least those minimum functionalities which must contain intelligent measuring instruments in order to carry out the tasks set out in paragraphs 3 to paragraph 5 as well as in § 129 and § 129a. In any case, the intelligent measuring instruments must be equipped in such a way that a measurement and detection of meter readings can be carried out in an interval of one hour, the storage of the values for 60 calendar days in the intelligent measuring instrument is effected. It is possible to remotely read the measurement data stored in the device via a communication interface. The regulatory authority shall involve the representatives of consumer protection, as well as the data protection authority and the data protection council as far as possible. The operation of intelligent measuring instruments as well as their communication, also to external devices, is to be secured according to the recognized state of the art in order not to allow unauthorized persons to access the current meter reading. The operation of intelligent measuring instruments has to comply with the legal and data protection regulations as well as the recognized state of the art.

(3) By default, the display on the smart meter is to be configured in such a way that only the current reading can be read. For the purpose of checking other accounting-relevant values stored in the measuring instrument, the display of intelligent measuring instruments, which can be used to measure and store meter readings in the device, is available on the customer's request. Allow an interval of 24 hours and 60 minutes to allow verification of these values on the basis of the display of the smart meter itself. This clearance shall be free of charge and without excessive additional costs for the final consumer. At the express request of the end user, the visual display can be reset in a timely manner and free of charge back to its original configuration status.

(4) In particular, in the case of exchange or termination of the contractual relationship with the network operator, the display of the historical measurement values of the previous contractual relationships, if any, must be secured in such a way that a reading on the basis of the display of the intelligent measuring instrument by non-authorized persons. This blocking is to be lifted immediately and free of charge as soon as no more measured values of the preceding contractual relationship are available in the intelligent measuring instrument itself. However, the obligations of the network operator arising from statutory provisions and the present contractual relationship for the provision of the consumption data pursuant to § 129 (1) and (2) and the transmission to the Supplier pursuant to § 129a (2).

(5) The obligation of the network operator to secure the measured values stored in the intelligent measuring instrument against access by non-authorized persons within the meaning of paragraph 2 also applies analogously to all other existing interfaces of the device.

(6) Provided that it requires the guarantee of data protection and data security in connection with the operation of intelligent measuring systems, the Federal Minister for Economic Affairs, Family and Youth may, in agreement with the Federal Chancellor, with Regulation shall lay down more detailed provisions on the state of the art to which a network operator has to comply, on the basis of the relevant international rules and the technical and economic feasibility of implementing them. In particular, the annual reports of the regulatory authority referred to in paragraph 1 as well as international safety standards shall be taken into account. "

5y. § 129 and § 129a are:

" § 129. (1) Network operators shall ensure that, at the latest six months from the date of installation of an intelligent measuring instrument, a meter reading is transmitted once a day to the final consumer concerned. If these intelligent measuring instruments have an integrated storage facility, they must also record all hourly values and, for the purpose of offsetting, for the customer for 60 calendar days in the intelligent measuring instrument, to be available for the customer's availability. To store customer information (§ 126a), energy efficiency, energy statistics and the maintenance of a secure and efficient network operation. Each installed intelligent measuring device is to be assigned to a network user category according to § 27 (3).

(2) Network operators shall be obliged to use, in any event, the daily consumption values and, at the express request of a contractual agreement or agreement, those end users whose consumption is measured by means of an intelligent measuring instrument; At least 12 hours after their reading out of the measuring instrument, hourly values can be made available free of charge via a customer-friendly web portal. The readout of these consumption values from the measuring instrument must be carried out at least once a day. For this purpose, the network operators shall make arrangements for the secure identification and authentication of the end users on the web portal and for the encrypted transmission of the data according to the state of the art. End-users who do not have Internet access or who have access to the Internet in an unreasonable way can, as far as possible, be able to provide a comparable information stand.

(3) In the event of the use of information on the path of the web portal referred to in paragraph 2, the final consumer shall be informed, in a transparent way, by means of an explicit reference that the use of this option is to be used for the remote reading of their consumption data from the intelligent measuring instrument, and the provision of data in the web portal shall end after the expiry of 36 months from availability and in the case of the termination of the contractual relationship with the network operator. This explicit reference must be made at least in the general conditions of network operators as well as immediately upon registration in the web portal.

(4) End users shall be allowed to return their user account in the web portal according to paragraph 2 free of charge at any time, either independently or by the network operator, without excessive additional costs for the end user. delete. In this case, the further reading and processing of consumption data from the intelligent measuring instrument of the end user concerned shall not be required for the purposes of the provision in the web portal. In addition, it is also possible to allow end users to delete consumption values in the web portal at least for months at the same time, taking the opportunity of local security with regard to the audit.

(5) End users shall be informed of their rights in accordance with paragraph 1 bis (5) for access to their consumption data in a transparent and comprehensible way by the network operator.

(6) The regulatory authority may, by means of a regulation, determine the level of detail and the form of the provision of the information on the web portal referred to in paragraph 2 above. Where necessary, the regulatory authority may determine the level of detail of the data provided by the interface referred to in paragraph 5. In doing so, it has to take into account the comprehensibility and the suitability of the information for the effect of efficiency gains. In addition, the regulatory authority may lay down requirements for the standardised transmission of the data and their format from the network operator to the final consumer or to third parties authorised by the final consumer, with direct access to third parties the web portal is inadmissible at any rate.

§ 129a. (1) A read-out including the use of hourly values of the final consumer by the network operator shall only be based on the express consent of the end user or for the performance of duties from a customer-chosen, hourly-based basis. Delivery contract allowed. In addition, network operators may, in justified local individual cases, read this data out of the intelligent measuring instrument without the consent of the end user, insofar as this is done for the purpose of maintaining a safe and efficient Network operations are essential. The relevant data shall be deleted immediately as soon as they are no longer required for the purpose of carrying out the purpose. Network operators shall submit annually to the regulatory authority a report on the seizures of such data read-outs. In addition, hourly values may be used by the regulatory authority for the purpose of natural gas statistics in accordance with § 147, in particular for the purpose of evaluating developments in day-to-day fluctuations (daily lines) of the decrease from the public network, and for the purpose of energy management in accordance with Energy Law 2012 as well as for the purpose of monitoring according to § 131 of the intelligent measuring instrument, provided that it is immediately after its reading with data from other end-users be aggregated as much as possible and anonymized and only in this anonymized form shall be used. Data may only be read out from an intelligent measuring instrument for statistical purposes if the statistical data required for this purpose are not available from network operators. In the event of a reading of the hourly values without consent, the end user must be informed in a timely manner.

(2) Network operators shall, at the beginning of the following calendar month, immediately, but at the latest by the fifth of this month, all consumption values collected on a daily basis by those end users whose consumption is carried out by means of an intelligent Measuring equipment shall be measured, transmitted to the respective suppliers for the purposes specified in § 126a and for the purposes of settlement; hourly values may only be subject to the express consent of the final consumer or to the performance of contractual obligations. shall be transmitted to the supplier. The regulatory authority may, by means of a regulation, lay down the requirements for the standardised transmission of these data and their format from the network operator to the supplier or to third parties authorised by the final consumer.

(3) In the context of the conclusion of a contract which requires the reading and use of hourly values, or in the context of the consent of the end user for the reading and use of hourly values, stating their purpose, shall be Express reference to the legal consequence of the admissibility of the use of data and stating the purpose in the general conditions and in the contract form of the network operators and suppliers, to provide transparent information to the end user .

(4) The installation of an intelligent measuring instrument according to § 128 (1) shall be carried out in the case of a final consumer with an established contractual relationship, the continuation of which shall be mandatory on the basis of an existing day-time-dependent calculation of the reading of Whereas consumption values which exceed a daily consumption value would require the end user to be verifiably, transparently and comprehensibly informed of this circumstance; In addition, the final consumer is demonstrably, transparently and comprehensibly informed about the possibility of a conversion to a settlement which requires only the reading of daily consumption values. In order to continue the contractual relationship with the original conditions, it is necessary to express the consent of the final consumer.

(5) Use of consumption data measured by means of intelligent measuring instruments for purposes other than those specified in paragraph 1 bis (4) as well as § 123, § 126, § 126a, and § 129, for administrative, administrative or civil court proceedings Proceedings not directly related to the purposes of this Act shall be inadmissible. "

5e. § 137 (5) reads:

" (5) By means of conditions, a vote with existing or approved other energy supply facilities and with the requirements of the national culture, forestry, water rights, spatial planning, the water management, the Wildbach and avalanche protection, nature and landscape protection, conservation of monuments, soil culture, public transport and defence of the state. In order to safeguard these interests, the authorities and public authorities appointed for this purpose are to be heard. "

5za. Section 147 is added to the following paragraph 6:

"(6) The statistical data collected by the regulatory authority shall be published."

6. In § 148 (3), the name shall be: "the Administrative Court" by the name "the administrative court of the country" replaced.

6a. § 159 (1) Z 5 to Z 7 are:

" 5.

ensure that the exchange period provided for in section 123 (2) is not complied with;

6.

Contrary to § 123 (4), last sentence, initiates a process without a declaration of intent by a final consumer;

7.

does not comply with its obligations under Section 123 (5) to (7); "

7. § 159 (1) the following Z 8 to Z 17 are added:

" 8.

Contrary to Article 4 (1) of Regulation (EU) No 1227/2011, inside information is not known, not correct, not complete, ineffective or not sufficiently well known in good time;

9.

, contrary to Article 4 (2) of Regulation (EU) No 1227/2011, insider information is not transmitted, not correct, in full or without delay;

10.

contrary to Article 4 (3) of Regulation (EU) No 1227/2011, the simultaneous, complete and actual disclosure of information does not ensure that information is provided;

11.

contrary to Article 8 (1) of Regulation (EU) No 1227/2011, in conjunction with an implementing act pursuant to Article 8 (2) of Regulation (EU) No 1227/2011, a record referred to there not, not correct, not timely or not complete ,

12.

contrary to Article 8 (5) of Regulation (EU) No 1227/2011, in conjunction with an implementing act, in accordance with Article 8 (6) of Regulation (EU) No 1227/2011, information referred to therein is not, not correct, not timely or not complete ,

13.

it is not, contrary to Article 9 (1) in conjunction with paragraph 4 of Regulation (EU) No 1227/2011, to register with the regulatory authority in good time or not in good time;

14.

register with more than one national regulatory authority, in accordance with the second subparagraph of Article 9 (1) of Regulation (EU) No 1227/2011;

15.

, contrary to Article 9 (5) of Regulation (EU) No 1227/2011, it does not immediately notify any modification of the information required for registration;

16.

contrary to Article 15 of Regulation (EU) No 1227/2011, not properly, not fully or in good time, the regulatory authority is not informed;

17.

the manner referred to in Article 3 (1) of Regulation (EU) No 1227/2011, but without the intention of obtaining an asset advantage by itself or by a third party, using inside information and thus being contrary to the prohibition of insider trading, provided that it is referred to in Article 3 (2) lit. e Regulation (EU) No 1227/2011 should be aware or should be aware that it is inside information within the meaning of Article 2 Z 1 of Regulation (EU) No 1227/2011. "

7a. § 159 para. 2 Z 13 reads as follows:

" 13.

its obligation to transfer data in accordance with Section 123 (4) does not comply; "

7b. § 159 para. 2 Z 15 to Z 19:

" 15.

does not fulfil its obligations pursuant to § 126 bis § 126b;

16.

does not comply with the obligations laid down in a regulation pursuant to § 126a, § 126b, § 128 or § 129a;

17.

does not fulfil its obligations pursuant to § 127 or § 128;

18.

does not comply with its obligations under Section 129;

19.

does not comply with its obligations under Section 129a; "

7c. § 159 (3) Z 1 reads as follows:

" 1.

Contrary to § 11, § 69 para. 3, § 123, § 129, § 129a or § 156 para. 4 data is unlawfully disclosed; "

(8) § 159, the following subsections 4 and 5 are added:

" (4) Where the action does not constitute the offence of a criminal offence or a fine of fines falling within the jurisdiction of the ordinary courts, or is threatened with tighter penalty under other administrative penalties, a Administrative surrender and punishable by a fine of up to EUR 150 000, who

1.

contrary to Article 5, in conjunction with Article 2 (2) (2) and (3) of Regulation (EU) No 1227/2011, a market manipulation or an attempt to manipulate the market;

2.

to the manner referred to in Article 3 (1) of Regulation (EU) No 1227/2011, with the intention of obtaining an asset benefit for itself or a third party, using inside information and thus being contrary to the prohibition on insider trading, provided that: pursuant to Art. 3 (2) lit. e Regulation (EU) No 1227/2011 should be aware or should be aware that it is inside information within the meaning of Article 2 Z 1 of Regulation (EU) No 1227/2011.

(5) Provided that the action does not constitute the offence of a criminal offence or a fine of fines falling within the jurisdiction of the ordinary courts or is threatened with tighter punishment under other administrative penalties, a Administrative transgressing and punishable by a fine of up to 10 000 euros

1.

does not fulfil its obligations to communicate insider information pursuant to § 10a;

2.

does not comply with the data transfers arranged pursuant to Article 25a (2) of the E-ControlG;

3.

does not comply with its information and cooperation obligations pursuant to Section 25a (3) E-ControlG. "

8a. § 163 and the heading:

" Special provisions on administrative criminal proceedings

§ 163. (1) The limitation period (§ 31 para. 2 VStG) for administrative transgressions in accordance with § 159 to § 162 is one year.

(2) The attempt is punishable. An asset advantage that has been achieved is to be declared expired. "

8b. In § 168 (1) the word order shall be "§ 123 (3)" through the phrase "§ 123 (4)" as well as the phrase "§ 129 (1)" through the phrase "§ 129" replaced.

9. According to § 168, the following § 168a with headline is inserted:

" Misuse of insider information

§ 168a. (1) Persons within the meaning of Article 3 (2) (lit). a to lit. d of Regulation (EU) No 1227/2011, which are

1.

Members of the administrative, management and supervisory bodies of a company,

2.

persons with participation in the capital of a company,

3.

persons who have access to information in the course of the performance of their work or profession or the performance of their duties; and

4.

persons who have procured this information in a criminal manner,

the inside information referred to in Article 2 (1) (1) of Regulation (EU) No 1227/2011 relating to gas-related wholesale energy products within the meaning of Article 2 (4) of Regulation (EU) No 1227/2011 with the intention of taking advantage of, or a third party to, a third party to gain asset advantage by:

a.

this information is used directly or indirectly in the course of the acquisition or disposal of such wholesale energy products to which the information relates, for its own account or for a foreign invoice,

b.

Communicate this information to third parties, in so far as this is not done in the normal course of the performance of their work or profession or the performance of their duties, or

c.

recommend, on the basis of inside information, other persons or other persons to acquire or sell such wholesale energy products to which the information relates,

shall be punished by the court with a term of imprisonment of up to three years.

(2) Anyone who, as an insider pursuant to paragraph 1 (1) to (4), has an inside information within the meaning of Article 2 Z 1 of Regulation (EU) No 1227/2011 in respect of gas-related wholesale energy products within the meaning of Article 2 (4) of Regulation (EU) No 1227/2011, as referred to in Article 2 (4) of Regulation (EU) No 1227/2011. 1., but without the purpose of obtaining an asset advantage to a third party or to a third party, shall be punished by the court with imprisonment of up to six months or with a fine of up to 360 days ' rates.

(3) The deed shall not be punishable under para. 1 and 2 if:

1.

a transmission system operator, within the meaning of Article 3 (3) of Regulation (EU) No 1227/2011, purchases natural gas in order to ensure the safe operation of the network; or

2.

which is referred to in Article 3 (4). a to c of Regulation (EU) No 1227/2011 shall act in the manner described therein.

(4) The jurisdiction to carry out the main proceedings for misuse of insider information is the responsibility of the Landesgericht für Criminal Court (Landesgericht für Criminal Court) Vienna. This also applies to the procedure for an act which, at the same time, fulfils the facts of the abuse of inside information and of an act of a different nature which is punishable by a court. "

10. In accordance with § 169 (3), the following paragraph 4 is added:

" (4) § 2, § 10a, § 159 (1) Z 8 bis Z 17, § 159 (4) and (5) and § 168a in the version of the Federal Law BGBl. I No 174/2013 shall enter into force with the month most of the year following the presentation of the event. § 69 (3), § 71 (4) and § 148 (3), in the version of the Federal Law BGBl. I No 174/2013, 1. Jänner 2014 in force. "

The following sentence shall be added to Article 170 (4):

"In the case of the amendment of this Federal Law, the regulations adopted pursuant to the legislation of this Federal Act remain in force."

Article 3

Amendment of the Energy Control Act

The Federal Act on the Regulatory Authority in the Electricity and Natural Gas Industry (Energy Control Law-E-ControlG), BGBl. I n ° 110/2010, as last amended by the Federal Law BGBl. I No 107/2011, shall be amended as follows:

1. (constitutional provision) § 1 para. 1 reads:

" (1) (constitutional provision) The dismissal, repeal and the enforcement of regulations, as contained in this Federal Act, are also in the matters of the Federal Republic of Germany, with regard to which the B-VG determines otherwise. The matters governed by this Federal Act may be directly concerned by the bodies provided for in those provisions. "

2. In Section 1 (2), the phrase in Z 1 shall be: " S. 55, and " through the phrase " S. 55, " replaced.

3. § 1 (2) the following Z 3 is added:

" 3.

Regulation (EU) No 1227/2011 on the integrity and transparency of the wholesale energy market OJ L 139, 30.4.2011, p. No. OJ L 326, 08.12.2011, p. 1.

(4) § 3 shall be added to the following Z 7:

" 7.

"Regulation (EU) No 1227/2011" of Regulation (EU) No 1227/2011 on the integrity and transparency of the wholesale energy market, OJ L 327, 28.12.2011, p. OJ L 326, 08.12.2011 p. 1.

5. § 4 the following Z 9 shall be added:

" 9.

Ensuring the integrity and transparency of the wholesale energy market. "

6. In Section 5 (4), the phrase "in the Energy Law Act 1982, with the exception of § 20i and § 20j" through the phrase "in the Energy Law Act 2012, with the exception of § 15 (2) and § 27 (2)" replaced.

7. § 9 reads:

" § 9. (1) E-Control may appeal to the Administrative Court against administrative judicial decisions relating to an official act of E-Control for unlawfulness of the decision.

(2) Complaints against decisions of the Executive Board of E-Control in matters relating to the determination of the cost base pursuant to § 48 (1) ElWOG 2010, § 24 (1) GWG 2011 and § 69 (1) GWG 2011 as well as decisions on the method pursuant to § 69 para. 2 GWG 2011 do not have suspensive effect. "

8. § 12 (4) reads:

" (4) The party which is not satisfied with decisions pursuant to paragraph 1 (1) (2) and (3) may make the case pending before the competent ordinary court within four weeks of the date of notification of the decision. The decision on an application for a re-establishment of a reinstatement against the expiry of the time limit for termination shall be the responsibility of the court; the application for re-establishment shall be brought directly to the court of law. "

9. (constitutional provision) § 21 para. 1 Z 4 reads:

" 4.

Federal Law on Steering Measures for the Security of Energy Supply (Energy Law 2012-EnLG 2012), BGBl. I No 41/2013; "

10. (constitutional provision) § 21 (1) the following Z 12 is added:

" 12.

Regulation (EU) No 1227/2011 and the guidelines adopted on the basis of this Regulation, delegated acts and implementing acts. "

11. § 24 (1) the following Z 4 is added:

" 4.

To monitor the trade in wholesale energy products at national level and to monitor compliance with all obligations and prohibitions imposed by Regulation (EU) No 1227/2011. "

12. In accordance with § 25, the following § 25a and § 25b, together with the headings, are inserted:

" Investigation and monitoring of the functioning of wholesale energy markets

§ 25a. (1) Without prejudice to the competence of the ordinary courts, the law enforcement authorities, the Federal Competition Authority, the Financial Market Supervisory Authority and the Federal Minister for Economic Affairs, Family and Youth, the E-Control shall be responsible for ensuring the Compliance with the prohibitions laid down in Article 3 and Article 5 of Regulation (EU) No 1227/2011, as well as the obligation of investigation and surveillance powers laid down in Article 4 of Regulation (EU) No 1227/2011. For these purposes, it shall be entitled to comply with the proportionality of the proportionality criteria laid down in Article 13 (1) of Regulation (EU) No 1227/2011:

1.

to see relevant documents of all kinds and to obtain copies of them;

2.

to request information from any relevant person, including those who are involved in the transmission of orders or the execution of the actions in question, as well as from their clients, and, if necessary, such persons or contracting authorities; in the event of suspicion of misuse of inside information (Section 108a of the ElWOG 2010 or § 168a of the GWG 2011), the E-Control has the right, in the case of the investigative measures of the law enforcement authorities, after the 10. Section of the 8. the main part of the StPO to be present and to ask questions; the E-Control shall be notified of these dates;

3.

To carry out an on-the-spot investigation and to require all information necessary for the conduct of investigations, as well as explanations of facts and facts on the part of all the representatives or employees of the company or of the association or require documents relating to the subject matter and purpose of the investigation;

4.

see the results of the information on the data of a messaging and the monitoring of news (§ 134 Z 5 and § 145 StPO) and to obtain copies of them (§ 140 para. 3 StPO);

5.

to encourage the competent public prosecutor's office to ensure compliance with § 110 StPO;

6.

on suspicion of market manipulation, for the duration of the proceedings, a temporary ban on the pursuit of the professional activities of the accused shall be prohibited by that authority which is authorised to carry out the activities of the undertaking or the pursuit of such activities; a person's professional activity has been granted or has taken note of, if the accused is subject to urgent suspicion, that professional activity is related to the offence concerned and, if there is a risk that the person concerned is liable to: Otherwise, accused could repeat the act. In this procedure, the E-Control party position is added.

(2) E-Control collects and collects the data and information required for the performance of its tasks assigned by Regulation (EU) No 1227/2011 and Article 24 (1) Z 4. E-Control has to determine the reporting requirements, the frequency, the scope and the format of reporting obligations by regulation. In order to avoid duplication, the reporting obligations of the reporting obligations to other competent national authorities as well as the reporting requirements to be determined by the European Commission pursuant to Article 8 (2) and (6) of Regulation (EU) No 1227/2011 are to be determined. To take account of reporting requirements.

(3) Stock exchange companies as well as other persons who arrange professional transactions for the Austrian market shall provide the E-Control with all the information necessary for the performance of their tasks and the E-Control shall be responsible for the implementation of the of their studies. If there is a suspicion that rules falling within the scope of the stock exchange company, in particular the trade rules, as well as those falling within the competence of E-Control, have been breached, the two bodies shall cooperate with each other. and shall provide each other with the necessary information. EControl shall be entitled to apply the omission of investigations or other measures to the stock exchange undertaking and to other persons who arrange transactions for the Austrian market in the event that the investigation or other measures are taken into account. of the facts of Article 3 or of Article 5 of Regulation (EU) No 1227/2011 would be difficult or foiled.

(4) The E-Control, the Financial Market Supervisory Authority, the Federal Competition Authority and the Exchange Commissioners pursuant to Section 46 of the Austrian Stock Exchange Act 1989 have to inform each other of observations and findings, including personal data, which are intended to fulfil their obligations under the law. Tasks within the meaning of Regulation (EU) No 1227/2011 are required. The confidentiality, integrity and protection of the incoming information shall be ensured.

(5) E-Control is authorised to conclude data exchange agreements with regulatory authorities in other EU and EFTA countries and to obtain data for the fulfilment of their obligations under Regulation (EU) No 1227/2011 and Article 24 (1) Z 4. To use tasks. The confidentiality, integrity and protection of the incoming data shall be ensured.

(6) E-Control is authorized to make final decisions of the competent criminal authorities, which have been imposed for infringement of Regulation (EU) No 1227/2011, in the appropriate application of Section 36 (4), indicating the parties and the parties concerned. to publicly disclose the substance of the decision, including the sanctions imposed, unless such disclosure would result in disproportionate damage to the parties concerned.

(7) The provisions of the General Administrative Procedure Act 1991 shall apply mutatily.

Special provisions relating to investigative and surveillance powers in criminal justice services in the event of suspicion of misuse of inside information

§ 25b. In the investigation procedure to investigate the suspicion of misuse of inside information (§ 108a ElWOG 2010 and § 168a GWG 2011), the E-Control is obliged to cooperate with law enforcement agencies and their previously within the scope of the § § § The powers provided for in Article 25a (1) shall be made available to the law enforcement authorities. Within the framework of this cooperation, E-Control shall carry out analyses and evaluations of secure documents and information stored on data carriers at the request of the public prosecutor's office. "

12a. In § 28, the phrase "Last Instance Supply" in each case by the word sequence "Basic Supply" replaced.

The following paragraph 3 is added to section 42 (2):

" (3) § 2, § 3 Z 7, § 4 Z 9, § 21 paragraph 1 Z 12, § 24 paragraph 1 Z 4, § 25a and § 25b in the version of the Federal Law BGBl. I No 174/2013 shall enter into force with the month most of the year following the presentation of the event. § 9 and Section 12 (4), in the version of the Federal Law BGBl. I No 174/2013, enter 1. Jänner 2014 in force. "

Fischer

Faymann