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

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_174/BGBLA_2013_I_174.html

174. Federal law, with which the electricity business and Organization Act 2010, the gas Act 2011 and the Energy Control Act be changed

The National Council has decided:

Table of contents



Article 1: Amendment of the electricity economic and Organization Act 2010 article 2: amendment of the gas business Act 2011 article 3: amendment of the Energy Control Act article 1

Change the electricity economic and Organization Act 2010

The Federal law newly regulates the Organization in the field of electricity (electricity business and Organization Act 2010 - ElWOG 2010), Federal Law Gazette I no. 110/2010, as last amended by Federal Law Gazette I no. 6/2013, is amended as follows:

1. the table of contents is amended as follows:

The phrase "§ 43. right to the network connection" is replaced by "§ 43. transition and void the permission to the mains", "§ 44. ending facts and restructuring" shall be replaced by "§ 44. right to the network connection", "8 part CHP plants" shall be replaced by "8 part certificates for electricity from fossil energy sources", "§ 71. criteria for the efficiency of the cogeneration" is replaced by "article 71. Special provisions concerning certificates for electricity from high-efficiency cogeneration"," § 72. proof of origin for electricity from high-efficient cogeneration "is replaced by" § 72. proof of power from fossil energy sources ","§ 73. recognition of origin from other countries"is replaced by"§ 73. recognition of evidence from other States"," § 76. change of the supplier or of the balance group "is replaced by" § 76. procedures for Exchange, registration, cancellation and opposition "" § 77. provider of last resort "is replaced by" § 77. primary care ". Following phrase is inserted after section 77: "§ 77a. Spare supply of energy". Following phrase is inserted after section 79: "§ 79a. Mandatory labelling of electricity". Following phrase is inserted after article 81: "section 81a. Consumption and electricity cost information for measurement by intelligent instruments". Following phrase is inserted after section 81a: "§ 81 b. consumption and electricity information without measurement through intelligent meters". The phrase "§ 82. shutdown and information of customers" is replaced by "§ 82. disconnection of network connection and information of customers". The phrase "article 97 reporting obligations of State Governments" is omitted. The phrase "§ 103. limitation period" is replaced by "article 103. Special provisions concerning administrative penal proceedings".

1a. (constitutional provision) § 1 is as follows:

"§ 1 (constitutional provision) the issuing, suspension and enforcement of regulations, as set out in § 2, § 3, § 8, § 9, § 10a, § 11, § 16 par. 2, article 19, article 22, paragraph 1, § 24-§ 36, § 37 para 7, § 38, § 39, section 48 and section 65, 69, § 72, § 73 para 2 and para 3, § 76, § 77a to Section 79a, article 81 § 84a, § 88 par. 3 to 8, § 89, section 92 and section 94, § 99 to § 103 , § 109 paragraph 2, article 110 to article 112, article 113, paragraph 1 and article 114, paragraph 1 and 3 contain, are also in the concerns of Federal thing, for which the B-VG determines otherwise. The matters regulated in those rules can be found in direct Federal Administration."

2. § 2 Z 5 is 5 by following Z and Z 6 together with final part replaced:



"5. the Regulation (EC) No. 714/2009 on access conditions to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003, OJ" No. L 211 of August 14, 2009, p. 15, and 6 in the Regulation (EU) no 1227/2011 over the integrity and transparency of the energy market, OJ "No. L 326 of the 08.12.2011 S. 1, provisions reserved for the implementation by the Member States carried.

2A. in article 7, paragraph 1 2a is inserted following Z:



"2a."Loss reserve"the portion of the secondary control, which automatically or manually can be controlled and primarily serves the coverage of the failure of the largest power plant block in the control area;"

2B. In article 7, paragraph 1, 47a is inserted following Z:



"47a."Proof"confirmation that produces the primary energy sources, from a certain unit of electrical energy, allocated. Below, in particular certificates for electricity from fossil sources of energy guarantees of origin of electricity from high-efficiency cogeneration, as well as guarantees of origin in accordance with § 10 fall ÖSG 2012;"

2 c. Article 7 par. 1 Z 62 is:



"62."Secondary control"automatically effective pregnant and, if necessary, additional manually-controlled return of rate and Exchange performance with other zones on the setpoints disorder of balance between generated and consumed active power with the help of Central or decentralised institutions." The secondary control includes also the loss reserve. Restore the desired frequency may be in the range of several minutes;"

3. According to article 10, the following article 10a and heading shall be inserted:

"Communication of inside information

Article 10a. Each market participant, no. 1227/2011 is still committed to the publication of inside information within the meaning of article 4 of Regulation (EU), has to communicate the facts to be published simultaneously with the release of E-control."

3A. § 16 receives the description of paragraph (1), the following paragraph 2 is added:

"2. each reporting point is to associate by the operator of a network user category. The regulator has with regulation network user categories separately to establish single feeders and discharge employees, and the time frame for this assignment."

3B. In article 23, the following paragraph 4a is inserted:

(4a) who has balance Group Coordinator to make a separate accounting of production data to be set by the regulatory authority regulation network user categories in the acquisition and measurement data are processed in accordance with para 4 Z 4. Operators of distribution networks have to to provide the data required for the different categorization and accounting of produced quantities of single food Z 1 in carrying out their duties in accordance with article 45. The Federal Minister of economy, family and youth, as well as the regulatory authority are authorized to access the data evaluated in accordance with sentence 1."

3 c. § 23 para 5 Z 5 is:



"5. information about that to secure the market participants to provide a transparent and discrimination-free and as liquid control energy market measures. The publication of primary control power utilized and secondary control power with regard to duration and height, as well as the results of the tendering procedure in accordance with section 67, as well as in accordance with § 69 these include."

4. (determination of principle of) in section 23, paragraph 7, the phrase does not apply "and submits an application in accordance with article 15 within this period no State Government para 7 B-VG".

5. § 48 para 2 last sentence reads:

"Against decisions of the regulatory authority referred to in paragraph 1 due to violation of the requirements regulated in § 59 to article 61, the Austrian Chamber of Commerce and the Federal Chamber of labour can appeal to the Federal Administrative Court, as well as subsequently in accordance with article 133 B-VG raise appeal to the administrative court."

6 paragraph 50 paragraph 4:

"(4) was amended by the Federal Administrative Court a cost decision a different cost determination in the realization of the Supreme Administrative Court in determining the cost base for the next pay period is taken into account."

6a. section 50 paragraph 7 reads:

"(7) the claims and obligations, which are covered by the regulation account, and claims and obligations relating to the net energy procurement of loss of and the procurement of the secondary control, are part of the financial statements to enable or passivating. The valuation of the items depends on the applicable accounting rules."

first sentence reads 6. § 57 par. 4:

"At least once a year has a shut-off or reading the counting device - with the exception of load profile meters, which in any case at least every month are read by the network operator, as well as intelligent instruments obtained in accordance with article 84, paragraph 1, - be."

6 c. in section 59 8 the following paragraph is inserted:

"(8) if the applied regulation system for single or multi-year regulatory periods in accordance with para 1 to para 6 causes a delay in compensation by the system usage fees, corresponding differences in the framework of the annual accounts can be activated or are these within the framework of the annual accounts as default to passivate. The valuation of the items depends on the applicable accounting rules."

6 d. the 8th part (§ 71 to 74) is together with the heading:

"8 part

Evidence for electricity from fossil energy sources

Special provisions concerning certificates for electricity from high-efficiency cogeneration


For determining the efficiency of cogeneration annex IV the implementing legislation the authority may authorise § 71.(Grundsatzbestimmung) (1), to set efficiency reference values for separate production of electricity and heat. This efficiency reference values have an array of values, broken down according to relevant are factors such as year of manufacture and fuel types, and must rely on a detailed documented analysis of among other things the operating data under real operating conditions, cross-border electricity trading, the energy mix, the climatic conditions and the applied cogeneration technologies in accordance with the principles in appendix are taken into account IV.

(2) in determining the efficiency reference values referred to in paragraph 1, you are by the European Commission in accordance with article 4 of the CHP directive in decision 2007/74/EC established harmonised efficiency reference values taken into account.

(3) the Government has evidence of electricity from high efficiency cogeneration in accordance with § 7 paragraph 1 on the basis of the harmonised efficiency reference values referred to in paragraph 2 on application with notice to call the CHP for the network operator to whose network the system is connected, Z 27, according to the amount of energy produced from high efficiency cogeneration in accordance with annex III and in accordance with decision 2008/952/EC of the European Commission , must be made on the basis of the requirements pursuant to § 72 para 2. The recent names of plants are immediately to inform the regulatory authority.

Evidence for electricity from fossil energy sources

72. (1) the network operator feeder of electricity from fossil fuels by more than 100 kW bottleneck capacity are connected to their networks, have to issue the operator by entering the net electricity production quantities in the automation-supported register database for evidence or proofs of origin pursuant to § 71 fed into the public grid for the amounts injected from these systems in its network of electrical energy. All feeder for their investment, no notification pursuant to article 71, paragraph 3 was adopted, have to make a certification of their facility for this purpose. The certification is from a monitoring approved the accreditation law, to undertake testing or certification authority. § 3 of the accreditation Act apply mutatis mutandis.

(2) the proof issued by the operator referred to in paragraph 1 shall include:



1. the amount of generated energy;

2. the name, type and bottleneck capacity of the production line;

3. the period and the place of production;

4. the primary energy sources used;

5. the date of commissioning of the system;

6. the name 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 of in paragraph 2, evidence pursuant to article 71, paragraph 3 have to contain the following information:



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 which have been calculated in accordance with annex IV on the basis of the referred to in section 71, paragraph 2, established by the European Commission harmonised efficiency reference values;

4. details of any received funding and the type of support scheme.

(4) for the monitoring of the exhibition, transfer and cancellation of certificates, called E-control as the competent authority. This has to be done via automation supported register database.

(5) a certificate must be used at the latest in the calendar year following the production of the respective unit of energy. A proof is to validate its use.

(6) energy for each unit produced only a proof may be issued. A proof is the default behavior for 1 MWh, where a subdivision is allowed up to the third decimal. No right to recourse to funding mechanisms associated with the exhibition of evidence.

(7) in the case of automation-supported exhibition of evidence is to issue a certificate on the basis of the first clearing monthly and to deliver to the feeder.

(8) the feeder shall be liable for the accuracy of their information about the used energy sources.

Recognition of evidence from other States

Section 73 (1) (determination of principle of) for electricity produced from high-efficiency cogeneration from plants located in another EU Member State or EEA State are considered evidence of origin within the meaning of this Act, if they meet at least the requirements of article 5 paragraph 5 of Directive 2004/8/EC. In case of doubt has the State Government request or officio by decision to determine whether the conditions for recognition are available.

(2) evidence of assets located in another EU - Member State, an EEA State or in a third country are considered evidence within the meaning of this Federal Act, if they comply with at least the requirements of § 72 para 2 and 3. In case of doubt has the E-control on application or officio by decision to determine whether the conditions for recognition are available. She may nominate States through regulation, where evidence for electricity from fossil energy sources meet the requirements pursuant to sentence 1.

(3) concerning the recognition of evidence for the purposes of the current marking are the conditions in the regulation in accordance with § 79 para 11 2010 set ElWOG.

Reporting

§ 74.(Grundsatzbestimmung) (1) the land Governments have the Federal Minister for economic annually to present family and youth:



1. an in accordance with the method set out in annex III and the decision 2008/952/EC of the European Commission created statistics on the national production of electricity and heat from cogeneration and 2 statistics on cogeneration capacities, as well as the fuels used for cogeneration.

(2) the provincial governments have the Federal Minister of economy, to submit annually a report on their activities in accordance with § 71 family and youth. The report has in particular those measures that have been taken to ensure the reliability of the detection system to contain."

6E. section 76 is together with the heading:

"Procedures for Exchange, registration, cancellation and opposition

76. (1) consumers within the meaning of § 1 para 1 Z 2 consumer and small business can contracts with their suppliers in compliance with a notice period of two weeks to cancel, keep without a separate termination date. Suppliers may cancel contracts with consumers in the sense of § 1 para 1 Z 2 consumer and small business only in compliance with a notice period of at least eight weeks. Lock-in periods are contracted, as the ordinary termination no later than at the end of the first year of the contract and subsequently for consumers within the meaning of § 1 para 1 is possible Z 2 consumer and small business in compliance with a notice period of two weeks, as well as for suppliers in compliance with a notice period of at least eight weeks.

(2) the duration of the process relevant to the change of supplier may take no more than three weeks, calculated from knowledge of the supplier change by the operator, without prejudice to other existing civil obligations. When determining the procedure is in particular in connection with a change of the network operators to appropriate technical and organisational measures, to ensure the compatibility of dates and deadlines with the accounting according to the balance sheet-group system, ensuring security of supply, as well as the enforcement of the customer will. The change of supplier is connected to no separate costs for the end user.

(3) consumer without load profile meters can make electronically form free relevant declarations of intent from suppliers for the introduction and implementation of the change to any of these websites at any time. Is a supplier authorized by the end user to submit declarations of intent, is the authorization to make credible network operators and other suppliers. The operator has to put the consumer immediately about the introduction of the knowledge exchange process. The suppliers have to make user friendly arrangements which ensure the identification and authenticity of the end user. The regulatory authority shall within the framework of the tariff Calculator (§ 22 E ControlG) to enable a discovery of the sites of the suppliers by making hyperlinks. The suppliers have the cases required, without being asked to provide current information to the regulatory authority.


(4) all processes required for the making of changing, the new logon, logoff and of opposition be carried out electronically through the platform to be operated by the clearing house. This applies in particular to consumer identification, the binding and cancel query and the data refresh and consumption data transmission. Network operators and suppliers have only the data necessary for the procedure, namely to provide name, address, counting point label, load profile type, counter type, existing supplier, as well as to performing periods of notice, termination dates as well as lock-in periods over which by the clearing house at the binding and notice query platform decentrally in a non-discriminatory manner all authorized supplier in standardized, structured electronic form on request end user identification. Network operators and suppliers are also obliged to bind itself to this platform. Suppliers may initiate any processes referred to in this paragraph without declaration of a consumer.

(5) the data communication method (Protocol) used for the platform (para. 4) is after the State of the art methodology to develop and to verify independently. The Clearing House has to make particular arrangements which ensure the identification and authentication of requesting new network operators and suppliers.

(6) the clearing house as well as the operators and suppliers have any enquiry carried out on the platform after paragraph 4 and information regarding audit-proof to log consumer data. This logging has making all process steps as above about the platform of change of, in particular the duration of the procedure, the use of the time limits laid down for the procedure for a possible proxy test, to include the access through authenticated people as well as the availability of the interfaces of the IT systems of suppliers and network operators with the platform side of the clearing house. Network operators and suppliers have the date and time of the request and information to capture the requesting and issuing information point, as well as the purpose of the request and information exchange. Suppliers have additional information to identify the affected end user, as well as a unique identifier, which allows for identification of the person, made a request pursuant to paragraph 4 or causes, to capture. All log data must be kept three years from creation and must be solely for purposes of reviewing the legality of a request, to the disclosure, and for purposes of administrative criminal law as well as of article 24 and article 26 E-control law used. The Clearinghouse has suspected abusive requests, as well as independently on a regular basis carry out random checks of made requests on their legality. About the results of this test, it has every two years to draw up a report to the regulatory authority; This has to publish the report in an anonymous form.

(7) the regulatory authority is empowered to regulate all for change of the supplier, as well as the processes relevant for the registration and de-registration of end users through regulation. The regulatory authority is empowered to regulate the nature and the amount of data referred to in paragraph 4 and the addition required to fulfil the above objectives in other data types by regulation. As well, the regulatory authority is empowered, minimum security standards for the shape of the data transfer (para. 4 and 5) from network operators and suppliers on the platform operated by the clearing house, as well as details of the required safety measures, in particular for logging, to govern by Decree. The regulator is also authorized, certain provided for mandatory processes by which in accordance with paragraph 4 first and second sentence, in the ways of the platform to be operated by the Clearing House following electronic implementation to exclude, if you for a simpler and more cost-efficient processing seems necessary."

6f. (determination of principle of) in the heading to § 77, as well as in paragraph 1 the word sequences are "Provider of last resort", "Supply in the last instance" and "Supply of last resort" respectively replaced by the phrase "Primary care".

6 g. (determination of principle of) be added following paragraph 4 and paragraph 5 in article 77:

"(4) in the case of appeal of consumers within the meaning of § 1 para 1 Z 2 consumer and small businesses the obligation to primary care must to the network services operators, without prejudice to arrears existing up to this time. No security deposit or prepayment must imposed in connection with this Web services consumers, which exceeds the amount of an instalment payment for a month. Paragraph 3 shall apply mutatis mutandis. In case an after appeal on the mandatory primary care one another payment delay, network operators are entitled to the payment of these amounts to the physical separation of the network connection, except when the customer agrees to the advance billing by means of Prepaymentzahlung for future use and delivery. Section 82 para 3 shall apply mutatis mutandis in the case of the renewed delay in payment. The the Prepaymentzahlung there is no obligation for small businesses with a load profile counter.

(5) a Prepaymentfunktion in the context of primary care is to disable, if the end user has paid off its arrears incurred within the framework of primary care at the suppliers and network operators or other fault liberating event occurred on customer's request."

Article 77 the following § 77a and heading is inserted after 6 h.:

"Spare supply of energy

§ 77a. (1) terminated the contract with the balance a clearinghouse or the contractual relationship with immediate effect resolves, the balance Group Coordinator has to announce the end of the contract and the date of the termination of the contract of the regulatory authority and the transmission system operators in their network are concerned counting points. This also applies to a termination of the contractual relationship between the supplier and the balance, whereby in this case the balance making the understandings.

(2) for each grid area, in which the affected vendor has customers, has the regulatory authority with drawing of lots to determine which suppliers to associate are remaining counting points in the balance group. The respective network operator is obliged to cooperate, in particular, he has to inform immediately the regulator, which suppliers on the network are active. The drawing of lots is to make between all remaining suppliers that provide customers in the network section. The drawing of lots is a supplier should be communicated that he would not provide the affected customers to repeat. A rejection of the supply only in respect of part of the customers is not permitted.

(3) the affected customers are to inform of the new suppliers. Network operators have a new supplier data, which are to submit with a change of supplier, electronically.

(4) up to any amounts of compensation energy arising from applying the suppliers lack energy, are the beginning of the effectiveness of spare supply to satisfy from the lower the balance Group Coordinator individual securities. If this is not sufficient, one to prices are incurred expenses in the balancing energy clearing about a year distributed.

(5) the new supplier has to provide the associated customer at reasonable prices, while domestic consumers may be supplied not at higher prices as the customers, which are supplied to the domestic tariffs of the supplier.

(6) is fed over a reporting point, the new supplier assumes the Fed energy at market prices minus the aliquot expenses for balance energy for the injected energy.

(7) the supply of associated customers will be on the policies displayed in the authority, insofar as these conditions on each customer group are applicable. Binding time limits contained in the General conditions, deadlines and dates for cancellation of the contract do not apply.

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

(9) all relevant market participants have to mutually support, to ensure the uninterrupted supply of the affected customers to the best of our ability."

6i. In article 78, paragraph 1 and paragraph 2 "are obliged" inserted each after the phrase the phrase "once a year", and it eliminates the word (financial statements).

6J. § 79 paragraph 7 reads:


"(7) from 1 January 2015 certificates for electricity has been generated in this calendar year, to associate are the quantities delivered to end users in a calendar year. "As evidence of the documentation referred to in paragraph 6 in accordance with § 10 can only evidence, eco-electricity Act 2012, § 71 or were issued pursuant to section 72 or recognized in accordance with § 11 eco-electricity Act 2012 or according to § 73, be used."

6 k. the following section 79a and heading is added after section 79:

"Mandatory electricity labelling

Section 79a. (1) suppliers, supplying final consumers in Austria, are obliged to occupy the entire to their customers for electricity quantities supplied the purpose of final consumption, with evidence being supplies of electricity to customers who are not household customers, to prove completely from 1 January 2015.

(2) in derogation from paragraph 1, § 78 and section 79 applies that for those quantities of electricity delivered to pumped storage power plant, evidence by the electricity traders or other suppliers are transferred to the operators of these plants in the automation-supported register database. 25% of records to delete are in relation to the origin of the electricity. The pumped storage power station have to occupy the purchased quantities of electricity the electricity traders or other suppliers in the production of electric energy with the transferred evidence in the current labeling."

The introductory phrase of article 81 paragraph 3 is 6 l.:

"(3) invoices on the system use taxes are taxes and surcharges in accordance with federal or landesgesetzlicher provisions separately. The individual components of the system user fees are once a year separately. "Furthermore, are in particular the following information:"

Z 5 is 6 m. Article 81, paragraph 3:



"5. information about the type of counter status determination; It is specifying whether a meter reading by the network operator, a self reading was made by the customer, a reading or a computational investigation of counter readings"

8 6n. in article 81 paragraph 3 is Z the point replaced with a semicolon and added following Z 9:



"9 approach to the initiation of dispute settlement procedures in accordance with § 26 power ControlG."

6o. § 81 para 4 to 8 are:

"(4) network operators and suppliers have to keep fuel consumption and billing data for a period of three years from availability for purposes of subsequent control of the correctness, legality and for information to authorized end users and to transmit free of charge at him and only when explicit statement by the consumer to a named third party. This applies without prejudice to the powers of the State Governments and the regulatory authority according to § 88, unless this data immediately after their readings with data from other end users aggregates as far as possible and then be anonymized and used only in this anonymous form.

(5) amounts for the use of the network as well as for the delivery of energy shall be calculated on factual and reasonable way on the base of consumption of last year. There is no annual consumption, the amounts on the basis of expected consumption, on the basis of the estimation of the consumption of comparable customers are to calculate. The partial amount calculation is underlying energy in kWh to inform the customer in writing or at his request electronically.

(6) smart meters are installed, end users have at least the right to choose between a monthly invoice and a bill of the year.

(7) the regulatory authority may prescribe requirements for transparency of these tariffs for suppliers in case of justified suspicion on opaque market behavior on multiple tariff periods in conjunction with intelligent regulation. Also, the regulatory authority may specify that suppliers in any case, have to offer a time-independent tariff.

(8) suppliers have to inform energy ControlG on the statement about the possibility of a dispute settlement procedure in accordance with section 26."

6 p. Article 81 81 b together with heading shall be inserted after following section 81a and §:

"Consumption and electricity cost information for measurement by intelligent instruments

section 81a. (1) one is monthly within a week after delivery of measured values recorded through a smart meter in accordance with article 84, paragraph 1 of the suppliers on the basis of the measured values of the day consumers, the consumed is measured by using a smart meter or, insofar as they are relevant to clearing, the quarter hour values created to deliver detailed, clear and comprehensive consumption and electricity cost information on the total cost for free on electronically. At the express request of the end user is not to transmit this consumption and current cost information. The end user is the choice possibility, to get either free paper consumption and current cost information.

(2) in the case of a separate accounting by the network operator, par. 1 for this shall apply mutatis mutandis.

(3) consumers are transparent about their rights of access to their consumption data referred to in paragraph 1, to inform clearly and free of charge.

(4) the regulatory authority can use regulation to set the minimum requirements for the degree of detail and the form of providing the consumption and information of cost of electricity referred to in paragraph 1 and paragraph 2. She has to take into account the intelligibility, as well as the suitability of the information on the effect of efficiency gains.

Consumption and electricity costs information without measurement by intelligent instruments

Article 81 b. end users without a load profile, the consumed is measured, not using a smart meter is to submit a detailed, clear and comprehensive consumption and electricity cost information with the invoice. In addition, the operator has the possibility admitting, once every three months to give meter readings these consumers. The operator is obliged in case of counter stand announcing the suppliers immediately, but not later than within ten days after delivery by the consumer, to send the consumption data. Is the consumer free of charge two weeks to submit a detailed, clear and comprehensive consumption and electricity cost information electronically. section 81a shall apply mutatis mutandis. At the express request of the end user is not to transmit this consumption and current cost information."

6q. in article 82, paragraph 1 and paragraph 2 the phrase is replaced each "one Bill fair information sheet" by the phrase "a fair a statement once a year information sheet".

6r. § 82 par. 1 Z 7 is as follows:



"7 on the right to supply in accordance with § 77," 6s. In article 82, paragraph 1 Z 8 the point is by a comma replaced and added following Nos. 9 and 10:



"9. information on the rights of the consumer in accordance with section 81b, 10 information on the rights of the consumer in accordance with section 84."

No. 4 is 6 t. § 82 para. 2:



"4. information on the rights of the consumer in accordance with section 81b," eliminates the 6u. section 82 para 5 and § 82 par. 4 receives the sales designation (6); § 82 par. 3 to paragraph 5 as follows:

"(3) the operator is in cases of breach of contract, particularly in the late payment or non performance of an advance payment or security deposit, required at least twice including an at least two-week grace period to remind. The second reminder has to contain also information about the result of a shutdown of the network access after the two-week grace period, as well as the associated estimated costs of a possible shutdown. The final warning has to be carried out by registered mail. Network operators have to indicate the possibility of the use of counselling services in accordance with paragraph 7 with each reminder within the meaning of the first sentence. Violated the contract for the supply of electrical energy (energy supply), the supplier has to comply with this order for payment procedure.

(4) in the event of an energy supply contract due to ordinary termination, termination timeout or opposition according to article 80 paragraph 2 is by network operators or suppliers to perform a procedure in accordance with paragraph 3. This also applies to abusive behavior of the end user, such as manipulation of measuring devices.

(5) a security deposit or advance payment demanded by the network operators or suppliers, any consumer without a load profile, without prejudice to the has him in accordance with § 77 rights granted, instead the right to use a counting device with Prepaymentfunktion."

6V. According to § 82 para 6 be added following paragraph 7 and 8:

"(7) suppliers, which have more than 49 employees and a turnover of more than EUR 10 million, or a balance sheet total of more than EUR 10 million, have from 1 January 2015 for their clients for questions on the topics of current identification, change of supplier, energy efficiency, electricity costs and energy poverty to set up a start-up and advice centre.

(8) shutdowns of plants of domestic consumers and small businesses as a result of late payment are not allowed on the last working day before weekends or public holidays."


6W. in article 83, paragraph 1 the last sentence is the point by a comma replaced and attached the following phrase:

"about the introduction, in particular about the cost situation, the power situation, data protection and data security and consumption development consumers to report and promptly to inform end-users about installing a smart meter, as well as the conditions associated. In relation to the requirements determined by the regulation for the installation of smart meters, the operator has a consumer's desire to get a smart meter, to take into account. "The regulator has the responsibility to inform the consumer about general aspects of the introduction of intelligent instruments and the introduction of intelligent instruments, in particular about the cost situation, the power situation, data protection and data security, as far as known, each year a report to the developments at European level and on the development of consumption consumers,."

the last sentence, is not available in § 83 para 2 6 x. following sentences in paragraph 2 as well as the following paragraph 3 to paragraph 6 shall be added:

"The regulation has to prescribe at least that minimum level of functionality, which must contain intelligent instruments in paragraph 3 and paragraph 5, section 84 and § 84a to meet the defined tasks. Smart meters are to equip anyway, so that a measurement and storage of counter readings in a 15 minute interval is possible, is stored the values for 60 calendar days in the smart meter, a remote readout of the measured data stored in the device via a bi-directional communication interface as well as an interruption and share of the system remotely is possible and an accessibility of the data by the end user via a one-way communication interface can be made. The regulator has the representative of consumer protection as well as the data protection authority and the data protection Council to integrate as far as possible. The operation of intelligent instruments and their communication to external devices are recognized State of the art secure, also not to allow access via the current counter unauthorized. The operation of intelligent instruments has the size and calibration-legal and privacy regulations as well as the recognized State of the art to suit.

(3) the display on the smart meter is to configure that only the current counter status can be read by default. For purposes of the review of beyond, stored in the meter billing-relevant values is to release on request the smart display to allow for a review of these values based on the display of the smart meter itself. This release has free of charge and without to be unreasonable additional cost for the consumer. At the express request of the consumer view is promptly and free of charge again in its original configuration prior to reset.

(4) there are in particular in the case of change or resolution of the contract with the operator display of historical readings of the previous contractual relationships, if available, so secure, prevent a reading based on the display or meter reading using a one-way interface of the Intelligent measuring instrument by unauthorized. This blocking is to repeal without delay and free of charge, if no measured values of the previous contractual relationship are more in the smart meter itself. Independently but they are article 84a par. 2 from legislation and from the current contract obligation of the network operator to provide the values referred to in article 84, paragraph 1 and paragraph 2 and the delivery to the supplier in accordance with.

(5) the obligation of the network operator to secure the readings stored in the smart meter against an access of unprivileged in accordance with paragraph 2 shall apply mutatis mutandis for all other existing interfaces of the device.

(6) if it requires the guarantee of data protection and data security in connection with the operation of Intelligent measuring systems, the Federal Minister of economy, family and youth can set more detailed provisions on the State of the art in agreement with the Federal Chancellor regulation, taking into consideration on the relevant international regulations, as well as the technical and economically reasonable practicability, where a network operator has to comply with. Here in particular the annual reports of the regulatory authority referred to in paragraph 1, as well as international safety standards be recognized."

6y. 84 § and § 84a are:

"Section 84 (1) operators have to ensure that no later than six months from the time of installation of a smart meter at each once a day a consumption value, as well as any quarter hour values in the intelligent instrument captures consumer and stored to the availability to the customers for 60 calendar days in the Intelligent measuring instrument for purposes of billing, customer information (sec. 81a), energy efficiency, energy statistics and the maintenance of a safe and efficient network operation. Each installed smart meter is in assign a network user category pursuant to § 16 para 2.

(2) network operators are obliged those consumers whose consumption is measured during a smart meter in any case, the daily consumption values as well as, on request depending on the contractual agreement or consent, no later than 12 hours after their reading from the gauge anyway, through a customer-friendly Web portal free to quarter hour values. The readout of this consumption values from the measuring device has to be there at least once a day. In addition, network operators have arrangements for secure identification and authentication of end users on the portal, as well as for an encrypted transmission of data to the State of the art to meet. A comparable level of information is possible to enable consumers, who do not have Internet access or who have access to the Internet only on unreasonable way.

(3) the consumer must be informed that recourse to this possibility has the remote readout of consumption data from the smart meter as a pre-condition in the case of the use of the information options about the way of the Web portal in accordance with para. 2 explicit reference is made transparent and providing data in the portal each ends after a period of 36 months from availability, as well as in the event of dissolution of the contractual relationship with the network operator. This explicit reference has to be made at least in terms of network operators, as well as the same immediately upon registration in the portal.

(4) end users is the possibility to grant your user account in the portal according to para 2 free of charge at any time again fully either automatically or by the operator without excessive overhead for the end user to delete. In this case has to be avoided the more readout and processing of usage data from the Intelligent measuring instrument of the affected end user for purposes of providing in the portal. In addition, to give also the possibility, to delete consumption values, where opportunity for securing local, in terms of the audit is to provide the portal at least monthly after learning is consumers.

(5) end users is to give in addition at the express request of the possibility by the network operator, a one-way communication of intelligent instrument interface to read out all measured values recorded in this device. There are all in the instrument collected data through this interface in a timely way cycle to spend the available in the consumer applications requiring this data meaningfully and efficiently operate. Access, as well as the specifications of the communication interface are on request of all authorized, without discrimination and to provide for free.

(6) consumer are to inform about their rights in accordance with paragraph 1 to paragraph 5 on access to their consumption data by the operator, transparent and understandable.

(7) the regulatory authority can use to determine the requirements for the degree of detail and the form of the provision of the consumption information regulation in the Web-portal referred to in paragraph 2. Where necessary, the regulatory authority can set the level of detail of the data provided by the interface in accordance with paragraph 5. She has to take into account the intelligibility, as well as the suitability of the information on the effect of efficiency gains. Also can the regulatory authority requirements for the standardized submission of data, as well as their format from the network operator to the final consumer or to a third party authorized by the end user set, with a direct access of third parties on the Web portal in any case is not permitted.


§ 84a. (1) a reading together with the use of quarter of an hour values of the end user by the operator is allowed only with the express consent of the consumer, or the fulfilment of obligations arising from a contract selected by the customer, based on the quarter hour values. Besides network operators may read this data justified local occasionally without the agreement of the end user of the smart meter, insofar as this is necessary for the purpose of maintaining a safe and efficient network operation. The relevant data are immediately to delete as soon as they are no longer needed for the fulfillment of the purpose. Network operators have a year to report about the Starter cases for such data readouts of the regulatory authority. Quarter hour values may also on the order of the Federal Ministry of economy, family and youth for the purpose of electricity statistics in accordance with § 92, in particular for the purpose of evaluating developments of daily fluctuations (day hydrographs) of generation from renewable energy sources, as well as developments of the daily fluctuations of the power purchase from the public network, and on the orders of the regulatory authority for the purpose of power steering power steering law 2012 and read for the purpose of monitoring according to § 88 of the intelligent meter , where they immediately after their readings with data from other end users aggregated as far as possible and then made anonymous and only in this anonymous form used. Data may only read from a smart meter for purposes of statistics when network operators the necessary statistical data are not available. The end user is in the case of a readout of the quarter hour values without informed consent in timely manner.

(2) network operators are obliged, immediately at the beginning of the following calendar month, but no later than to the fifth of this month, all daily consumption scores of end user, the consumed is measured by using a smart meter to the respective suppliers for the purposes referred to in section 81a as well as for purposes of settlement; Quarter hour values may be transmitted only after the explicit consent of the consumer or to fulfill contractual obligations to the supplier. The regulatory authority can use regulation to set the requirements for the standardized submission of this data, as well as their format from the network operator to the supplier or third parties authorized by the end user.

(3) a contract requires the reading together with the use of quarter of an hour values or the end user agrees to read together with the use of quarter hour values, specifying its purpose, is the consumer express reference is made transparent to inform that with conclusion of the contract or consent the use of the data is allowed. This explicit reference has to be made, specifying the purpose of the use of data in the General conditions by operators as well as in the General conditions and in the contract form of for suppliers.

(4) the installation of a smart meter in accordance with article 83, paragraph 1 when an end user with valid contractual relationship, whose continuing would necessarily require the readout of consumption values that go beyond a daily consumption value, due to an existing clearing time of day is the consumer of this fact is proven transparent and understandable to inform. It is also the end user about the possibility of moving to a settlement that requires only the reading of daily consumption, proven, transparent and understandable to inform. The continuation of the contractual relationship to the original conditions requires the express consent of the consumer.

(5) use of consumption data measured by means of intelligent instruments other than those in paragraph 1 to paragraph 4 and section 76, article 81, 81a §, and § 84 purposes, administrative, administrative or civil proceedings, not directly related to purposes of this Act, is inadmissible."

7. in article 89, paragraph 2, the designation "the Administrative Court" is replaced by the designation "the Administrative Court of the country".

8. (principle of determination) Article 90 is as follows:

"§ 90 (principle provision) unless otherwise determined in the individual case, is the Government authority within the meaning of the principle provisions of this Federal Act."

8A. (determination of principle of) in article 91, paragraph 1 is the phrase "have the implementing laws to provide for an electricity Advisory Board" "may the implementing laws provide an electricity Advisory Board" replaced by the word order.

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

(6) that are statistical data collected by the regulatory authority to publish.

8 c. (constitutional provision) Article 97 is eliminated along with heading.

8 d. Article 99 par. 1 Z 4-Z 6 are:



"4. does, that the Exchange deadline provided for in section 76, paragraph 2 is not respected

5. contrary to section 76 para 4 last sentence initiates a process without declaration of intent of a consumer;

para 5 to paragraph 7 does not corresponds to 6 obligations pursuant to § 76;"

9 § 99 paragraph 1 be added following Z 7-Z 16:



"7. contrary to article 4 paragraph 1 of the Regulation (EU) no 1227/2011 insider-information not, not properly, not completely, not effective or not in time known are;

8. contrary to article 4 paragraph 2 of the Regulation (EU) no 1227/2011 inside information not, not, not fully or not immediately transmitted;

9. contrary to article 4 (3) of Regulation (EU) no 1227/2011 the simultaneous, complete and actual disclosure of information does not ensure;

10. contrary to article 8 paragraph 1 of the Regulation (EU) No. 1227 / 2011 in conjunction with an implementing Act under article 8 para 2 of the Regulation (EU) no 1227/2011 a there called record, not properly, not timely or not completely sent;

11. contrary to article 8 paragraph 5 of the Regulation (EU) No. 1227 / 2011 in conjunction with an implementing act according to article 8 paragraph 6 of the Regulation (EU) no 1227/2011 there called information, not properly, not timely or not completely sent;

12 contrary to article 9 No. 1227/2011 not or not timely with the regulatory authority to register para 1 in conjunction with § 4 of the Regulation (EU) leaves;

13 contrary to article 9 paragraph 1 subparagraph 2 of Regulation (EU) 1227/2011 more than a national regulatory authority register no. can;

14. contrary to article 9 par. 5 of the Regulation (EU) no 1227/2011 a change with regard to the information required for the registration does not immediately notify;

15. contrary to article 15 of the Regulation (EU) No. 1227/2011 not, incorrectly, incompletely or not in time the regulatory authority informed.

16 in article 3 para 1 of the Regulation (EU) No. 1227 / 2011 known way, but without the intent to gain a pecuniary benefit oneself or a third party, inside information used and thus contravenes the prohibition of insider dealing if he in accordance with art. 3 par. 2 lit. "e of Regulation (EU) 1227/2011 know no. or should that's inside information within the meaning of article 2 subpara 1 of Regulation (EU) No. 1227/2011 is."

9A. § 99 paragraph 2 Z 5 is as follows:



"Paragraph 4 not 5 of its obligations for data transmission in accordance with § 19 para 4 or § 76;"

Z 11 Z 15 is 9B. § 99 paragraph 2:



"11. his obligations pursuant to § 81 until b does not comply with article 81;

12 on the basis of a regulation in accordance with section 81a, § 81 b, section 83, 84 § or § 84a laid down obligations not meets the;

13. his obligations pursuant to § 82 or 83 no;

14. his obligations pursuant to section 84 does not meet;

15. his obligations in accordance with § 84a not equals;"

9 c. § 99 para 3 No. 1 is:



"1. violates article 11, § 48 para 2, § 76 or section 84 data illegally revealed;"

10 § 99 be added following paragraph 4 and paragraph 5:

"(4) if the Act is not the offence of a criminal offence falling within the jurisdiction of the ordinary courts or a fine offense or is under threat after another administrative penal provisions more stringent punishment, commits an administrative offence and is fined to punish with up to 150 000 euro, who"



1. violates article 5 in conjunction with article 2 subpara 2 and 3 of Regulation (EU) No. 1227/2011 market manipulation or attempt a market manipulation makes;

2. in article 3 used paragraph 1 of the Regulation (EU) No. 1227 / 2011 designated manner with the intent to gain a pecuniary benefit oneself or a third party, inside information and thus contravenes the prohibition of insider dealing if he in accordance with art. 3 par. 2 lit. e of Regulation (EU) 1227/2011 know no. or should that's inside information within the meaning of article 2 subpara 1 of Regulation (EU) No. 1227/2011 is.


(5) if the Act is not the offence of a criminal offence falling within the jurisdiction of the ordinary courts or a fine offense or is under threat after another administrative penal provisions more stringent punishment, commits an administrative offence and is fined to punish with up to EUR 10 000, who



1. his obligations to the communication of inside information in accordance with § 10a not;

2. set the on the basis of a regulation in accordance with section 25a, paragraph 2 E-ControlG arranged transfers does not fulfil;

3. his information and cooperation commitments pursuant to § 25a 3 E ControlG not comply."

10A. section 103 is together with the heading:

'Special provisions on administrative penal proceedings

103. (1) the Statute of limitations (§ 31 para 2 VStG) for administrative offences pursuant to § 99 to § 102 is one year.

(2) an attempt is punishable. A pecuniary benefit achieved is as to declare forfeited."

§ 108 para 1 receives the sales designation (1) 10 b.; the phrase "article 76 para. 3" will be replaced by the phrase "section 76 para 4" and the phrase "section 84, paragraph 1" by the phrase "section 84".

11. According to section 108, the following Article 108a and heading shall be inserted:

"Misuse of insider information

section 108a. (1) persons in accordance with article 3 par. 2 lit. a to lit. of Regulation (EU) no 1227/2011, which are



1. members of the administrative, management and supervisory bodies of a company, 2. people with shareholding in a company, 3. persons who have access to information in the exercise of their work or their profession or their tasks and 4. persons who have procured himself this information on criminal way, the inside information within the meaning of article 2 Z 1 of Regulation (EU) No. 1227/2011 in terms of current relevant wholesale energy products within the meaning of article 2 No. 4 of the Regulation () Exploiting EU) No. 1227/2011 with the intent to gain a pecuniary benefit oneself or a third party, by a. for own or third-party account use this information by way of the acquisition or disposal of such energy wholesale products to which the information relates, directly or indirectly, disclose b. this information to third parties insofar as this is not done in the normal exercise of their work or their profession or their tasks , or c. on the basis of insider information to recommend other people or other people to convince, to purchase such energy wholesale products to which the information relates, or to sell, are to punish up to three years imprisonment by the Court.

(2) Whoever as referred to in paragraph 1 Z 1 to 4 inside information within the meaning of article 2 subpara 1 of Regulation (EU) No. 1227/2011 in relation to current relevant wholesale energy products within the meaning of article 2 No. 4 of the Regulation (EU) No. 1227/2011 on the way referred to in paragraph 1, but without the intent to gain a pecuniary benefit oneself or a third party , is used by the Court to imprisonment up to six months or to punish with fines of up to 360 daily rates.

(3) the Act is not punishable under paragraphs 1 and 2, if



1. a transmission system operator within the meaning of article 3 (3) of Regulation (EU) No. 1227/2011 power buys, to ensure the safe operation of the network, or 2 that each article 3 paragraph 4 lit. a to c of Regulation (EU) No. 1227/2011 referred to market participants in the manner there described operate.

(4) the responsibility for the implementation of the main proceedings for misuse of insider information is whether the District Court for criminal matters in Vienna. This also applies to the proceedings for an act which at the same time meets the offence of misuse of inside information and the a legal offence of otherwise."

11A. § 109 paragraph 3 last sentence reads:

"(3) section 59 para 6 No. 6 effective with January 1, 2013."

12 the following paragraph 4 is added to § 109

"(4) section 2 Z 5 and 6 together with final part, section 10a, article 99, paragraph 1 Z 7-Z 16, § 99 paragraph 4 and 5 and § 108 as amended by Federal Law Gazette I no. 174/2013, with the by-laws the following month into force." I no. 174/2013, § 48 para 2, § 50 para 4 and section 89 paragraph 2, as amended by Federal Law Gazette into force on January 1, 2014"

13 the following paragraph 3 is added to § 110

"(3) I no. 174/2013, section 23, paragraph 7 and article 90, in the version of Federal Law Gazette into force on January 1, 2014."

14 111 paragraph 1 the following sentence is added to §:

"The regulations adopted on the basis of law provisions of this Federal Act remain in the case of the amendment of the Federal law in force."

15 according to § 111 paragraph 2, the following paragraph 3 is added:

"(3) pumped storage power plant and systems for converting electricity to hydrogen or synthetic natural gas, taken after entry into force of this provision for the first time in operation by end of 2020, have to pay any of the network use charges imposed for the purchase of electricity by end of 2020 and system loss charges."

16 (constitutional provision) in article 114, paragraph 2, the phrase "article 97," does not apply.

17. the title of annex III is as follows:

'Annex III

(to § 71)

Article 2

Amendment of the gas business Act of 2011

The Federal law, issued the new regulations in the sphere of the natural gas industry (gas Act 2011 - 2011 MLA), Federal Law Gazette I no. 107/2011, as last amended by Federal Law Gazette I no. 138/2011, is amended as follows:

1. the table of contents is amended as follows:

1. in the table of contents, the phrase is "§ 96. physical settlement agent for gas trading" replaced by "§ 96. operator of the virtual trading point", the phrase "§ 123. change of the provider or of the balance group and new registration process" replaced by "§ 123. procedures for Exchange, registration, cancellation and opposition", the phrase "§ 124. provider of last resort" replaced by "§ 124. primary health care", according to § 124 the word sequence "section 124a. Replacement supply with energy", according to § 126 the word sequence"§ 126a. Consumption and gas cost information for measurement by intelligent instruments", according to § 126a the phrase" § 126 b. consumption and gas cost information without measurement through intelligent meters ", inserted and the phrase"§ 163. Statute of limitations"replaced by"§ 163. Special provisions concerning administrative penal proceedings".

1a. (constitutional provision) § 1 is as follows:

"§ 1 (constitutional provision) the matters governed by this federal law can be obtained immediately from the facilities provided for in this regulation."

2. in article 2 is deleted at the end of the No. 1 of the semicolon in no. 3 the phrase "and of" by the word "which" replaced, in no. 4 "" attached, and attached to Z 4 following no. 5:



"5. Regulation (EU) no 1227/2011 over the integrity and transparency of the energy market, OJ" "No. L 326 of the 08.12.2011 p. 1;"

2A. Article 7, paragraph 1 Z 26 is as follows:



"26"smart meter"a technical device which measures the actual meter reading and period of use promptly and that a remote readable data transfer has. These devices are designed for a comprehensive installation and differ in type, application and transfer of the load profile meters;"

3. According to article 10, the following article 10a and heading shall be inserted:

"Communication of inside information

Article 10a. Each market participant, no. 1227/2011 is still committed to the publication of inside information within the meaning of article 4 of Regulation (EU), has to communicate the facts to be published simultaneously with the release of E-control."

3A. in section 27 the following paragraph 3 is added:

"(3) each reporting point is to associate by the operator of a network user category. The regulator has with regulation network user categories separately to establish single feeders and discharge employees, as well as the time frame for this assignment."

3B. In § 28 para 3 Z 9 replaced the phrase "article 123 para 1" by the phrase "article 123 para 5".

3c. in article 31 the following paragraph 5 is added:

"(5) each reporting point is to associate by the operator of a network user category. The regulator has with regulation network user categories separately to establish single feeders and discharge employees, and the time frame for this assignment."

4. § 69 paragraph 3 last sentence reads:

"The Austrian Chamber of Commerce and the Federal Chamber of labour can appeal to the Federal Administrative Court, as well as subsequently in accordance with article 133 B against decisions of the regulatory authority referred to in paragraphs 1 and 2 due to violation of the requirements regulated in § 73 to § 82-VG raise appeal to the administrative court."

5. paragraph 71:

"Differences between the actually achieved and the supplied the gas system usage fees regulation underlying revenues are 71. (1) in determining the cost base for the next to some gas system usage fees regulations to compensate.

(2) substantial extraordinary income or expenses can be distributed via the regulation account over a reasonable period of time.


(3) was a cost decision is overturned, a different cost determination in the replacement decision in determining the cost base for the next pay period is taken into account.

(4) a different determination of costs in determining the cost base for the next pay period is a cost decision was amended to take into account.

(5) a gas system usage fees regulation or one is due to the Article 23bis section 23 c of the gas business Act, Federal Law Gazette I no 121/2000, as amended by Federal Law Gazette I no. 148/2002, adopted pursuant to Regulation by the Constitutional Court repealed or the Constitutional Court has pronounced that a regulation was illegal, and arise from deliveries or more revenue, they are in determining the cost base over a reasonable period of time to consider.

(6) the claims and obligations, which are covered by the regulation account, are part of the financial statements to enable or passivating. The valuation of the items depends on the applicable accounting rules.

(7) paragraph 3 and paragraph 5 shall apply mutatis mutandis for notices pursuant to § 82."

5a. in article 73, paragraph 1, the sentence "The performance-related share of the network licence fee is a period to one year and can be determined as a package." is replaced by the sentence "The performance-related share of the network licence fee can be related to a period of one year and as a package.".

5b. In article 73, paragraph 2, the word order is after the word "Period" "day or" inserted.

5 c. Article 77 paragraph 4 first sentence reads:

"At least once a year has a shut-off or reading the counting device - with the exception of load profile meters, which in any case at least every month are read by the network operator, as well as intelligent instruments obtained in accordance with article 129, paragraph 1, - be."

5 d. 8 the following paragraph is inserted in article 79:

"(8) if the applied regulation system for single or multi-year regulatory periods in accordance with para 1 to para 6 causes a delay in compensation by the system usage fees, corresponding differences in the framework of the annual accounts can be activated or are these within the framework of the annual accounts as default to passivate. The valuation of the items depends on the applicable accounting rules."

5E. the following paragraph 5 is added in section 87:

"(5) any differences resulting from the balancing energy settlement within a fiscal year, are in the financial statements of the balance Group Coordinator in the income statement to differentiate and to compensate in the following fiscal year. The portion of the expenses from the balancing energy clearing of the fiscal year covered by revenue is to apply in the financial statements of the balance Group Coordinator as offsetting receivables and settle with future surpluses from the balancing energy billing. Exceed the income from the balancing energy clearing of a year which are related expenses, so adjust the resulting surpluses as offsetting liabilities in the balance sheet of the balance Group Coordinator and against targets with in the future falling underfunding of the balancing energy billing in a fiscal year."

5F. § 93 par. 1 Z 1 is as follows:



"1. agreements with the balance Group Coordinator, the distribution area manager, the operators of the virtual trading point of the exchange of natural gas at the virtual trading point, and the market area manager, that are required to fulfil the tasks laid down in this law and obligations, particularly in administrative and commercial aspects;"

5. g § 96 together with heading is as follows:

"Operators of virtual trading point

§ 96. The operators of virtual trading point has agreements to complete with the market area manager or the Clearinghouse for transactions and pricing for balance energy in the distribution network if necessary. It is to ensure that are all caused by the stock market activities of the network user and impressionable by nominations balancing needs and activities on the virtual trading point to focus."

5. h § 123 including heading is as follows:

"Procedures for Exchange, registration, cancellation and opposition

123. (1) consumers within the meaning of § 1 para 1 Z 2 consumer and small business can contracts with their suppliers in compliance with a notice period of two weeks to cancel, keep without a separate termination date. Provider may terminate contracts with consumers in the sense of § 1 para 1 Z 2 consumer and small business only in compliance with a notice period of at least eight weeks. Lock-in periods are contracted, as the ordinary termination no later than at the end of the first year of the contract and subsequently for consumers within the meaning of § 1 para 1 is possible Z 2 consumer and small business in compliance with a notice period of two weeks, as well as for providers in compliance with a notice period of at least eight weeks.

(2) the duration of the governing the switching procedure may take no more than three weeks, calculated from knowledge of the supplier change by the operator, without prejudice to other existing civil obligations. When determining the procedure is in particular in connection with a change of the network operators to appropriate technical and organisational measures, to ensure the compatibility of dates and deadlines with the accounting according to the balance sheet-group system, ensuring security of supply, as well as the enforcement of the customer will. The switching is connected to no separate costs for the end user.

(3) consumer without load profile meters can make electronically form free relevant declarations of intent from suppliers for the introduction and implementation of the change to any of these websites at any time. A provider is authorized by the end user to submit declarations of intent is the authorization to make credible network operators and other providers. The operator has to put the consumer immediately about the introduction of the knowledge exchange process. The utilities have to make user friendly arrangements which ensure the identification and authenticity of the end user. The regulatory authority shall within the framework of the tariff Calculator (§ 22 E ControlG) to enable a discovery of the websites of the provider by making hyperlinks. The utilities have the cases required, without being asked to provide current information to the regulatory authority.

(4) all processes required for the making of changing, the new logon, logoff and of opposition be carried out electronically through the platform to be operated by the clearing house. This applies in particular to consumer identification, the binding and cancel query and the data refresh and consumption data transmission. Network operators and providers have only the data necessary for the procedure, namely to provide name, address, counting point label, load profile type, existing providers, as well as to performing periods of notice, termination dates as well as lock-in periods over which by the clearing house at the binding and notice query platform decentrally in a non-discriminatory manner all authorized providers in standardized, structured electronic form on request end user identification. Network operators and providers are also obliged to bind itself to this platform. Provider may initiate any processes referred to in this paragraph without declaration of a consumer.

(5) the data communication method (Protocol) used for the platform (para. 4) is after the State of the art methodology to develop and to verify independently. The Clearing House has to make particular arrangements which ensure the identification and authentication of requesting new network operators and providers.


(6) the clearing house as well as the network operators and providers have any enquiry carried out on the platform after paragraph 4 and information regarding audit-proof to log consumer data. This logging has making all process steps as above about the platform of change of, in particular the duration of the procedure, the use of the time limits laid down for the procedure for a possible proxy test, to include the access through authenticated people as well as the availability of the interfaces of the IT systems of suppliers and network operators with the platform side of the clearing house. Network operators and providers have the date and time of the request and information to capture the requesting and issuing information point, as well as the purpose of the request and information exchange. Suppliers have additional information to identify the affected end user, as well as a unique identifier, which allows for identification of the person, made a request pursuant to paragraph 4 or causes, to capture. All log data must be kept three years from creation and must be solely for the use in controlling the legality of a request, to the disclosure, and for purposes of administrative criminal law as well as of article 24 and article 26 E-control law used. The Clearinghouse has suspected abusive requests, as well as independently on a regular basis carry out random checks of made requests on their legality. About the results of this test, it has every two years to draw up a report to the regulatory authority; This has to publish the report in an anonymous form.

(7) the regulatory authority is empowered to regulate all for switching, as well as the processes relevant for the registration and de-registration of end consumers through regulation. The regulatory authority is empowered to regulate the nature and the amount of data referred to in paragraph 4 and the addition required to fulfil the above objectives in other data types by regulation. As well, the regulatory authority is empowered, minimum security standards for the shape of the data transfer (para. 4 and 5) from network operators and suppliers on the platform operated by the clearing house, as well as details of the required safety measures, in particular for logging, to govern by Decree. The regulator is also authorized, certain provided for mandatory processes by which in accordance with paragraph 4 first and second sentence, in the way of the platform to be operated by the Clearing House following electronic implementation to exclude, if her this for a simpler and more cost-efficient processing seems to be required."

5I. In the heading to § 124, as well as in paragraph 1 the word sequences are "Provider of last resort", "Supply in the last instance" and "Supply of last resort" respectively replaced by the phrase "Primary care".

5J. Article 124 shall be added following paragraph 4 and paragraph 5:

"(4) in the case of appeal of consumers within the meaning of § 1 para 1 Z 2 consumer and small businesses the obligation to primary care must to the network services operators, without prejudice to arrears existing up to this time. No security deposit or prepayment must imposed in connection with this Web services consumers, which exceeds the amount of an instalment payment for a month. Paragraph 3 shall apply mutatis mutandis. In case an after appeal on the mandatory primary care one another payment delay, network operators are entitled to the payment of these amounts to the physical separation of the network connection, except when the customer agrees to the advance billing by means of Prepaymentzahlung for future use and delivery. The operator may refuse the Prepaymentzahlung exclusively for security reasons. Article 127, paragraph 3 shall apply mutatis mutandis in the case of the renewed delay in payment. The commitment to the Prepaymentzahlung does not exist for small businesses with a load profile counter.

(5) a Prepaymentfunktion in the context of primary care is to disable, if the end user has paid off its arrears incurred within the framework of primary care providers and network operators, or other fault liberating event occurred on customer's request."

5 k. the following section 124a and heading shall be inserted after paragraph 124:

"Spare supply of energy

section 124a. (1) a settlement agent has terminated the contract with the balance or the contractual relationship with immediate effect resolves, the balance Group Coordinator has the end of the contractual relationship and the date of termination of the agreement of the regulatory authority to inform the market area manager and the network operators in their network are concerned counting points. This also applies to the following cases:



1. for a termination of the contractual relationship between the provider and the balance, whereby in this case the balance making the understandings;

2. for a termination of the contractual relationship between the balance and the operators of virtual trading point, where in this case the operators of virtual trading point has the regulatory authority to communicate;

3. for a termination of the contractual relationship between the balance and the market area manager, whereby in this case the market area manager has the regulatory authority to communicate.

(2) for each grid area, in which the affected provider has customers, has the regulatory authority with drawing of lots to determine the counting points remaining in the balance group are allocated to which provider. The respective network operator is obliged to cooperate, in particular, he has to inform immediately the regulator, which provider on the network are active. The drawing of lots is to make between all remaining suppliers that provide customers in the network section. The drawing of lots is a provider should be communicated that he would not provide the affected customers to repeat. A rejection of the supply only in respect of part of the customers is not permitted.

(3) the affected customers are to inform of the new provider. The operators have the data, to communicate when a change of supplier, electronically the new provider.

(4) up to any amounts of compensation energy resulting from the missing energy application of provider, are the beginning of the effectiveness of spare supply to satisfy from the lower the balance Group Coordinator individual securities. If this is not sufficient, one to prices are incurred expenses in the balancing energy clearing about a year distributed.

(5) the new provider has to provide the associated customer at reasonable prices, with domestic consumers may be supplied not at higher prices as the customers, which are supplied to the domestic tariffs of the respective utility company.

(6) is fed over a reporting point, the new provider assumes the Fed energy at market prices minus the aliquot expenses for balance energy for the injected energy.

(7) the supply of associated customers will be on the policies displayed in the authority, insofar as these conditions on each customer group are applicable. Binding time limits contained in the General conditions, deadlines and dates for cancellation of the contract do not apply.

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

(9) all relevant market participants have to mutually support, to ensure the uninterrupted supply of the affected customers to the best of our ability."

The introductory phrase of article 126 par. 3 is 5 l.:

"(3) invoices on the system use taxes are taxes and surcharges in accordance with federal or landesgesetzlicher provisions separately. The individual components of the system user fees are once a year separately. "Furthermore, are in particular the following information:"

Z 5 is 5 m. § 126 section 3:



"5. information about the type of counter status determination; It is specifying whether a meter reading by the network operator, a self reading was made by the customer, a reading or a computational investigation of counter readings"

9 5N. in article 126 par. 3 is Z the point replaced with a semicolon and added following Z 10:



"10 procedure to initiate dispute settlement procedures in accordance with section 26 power ControlG."

5O. § 126 section 5 to paragraph 9 are:


"(5) network operators and providers have to keep fuel consumption and billing data for a period of three years from availability for purposes of subsequent control of the correctness, legality and for information to authorized end users and to transmit free of charge at him and only when explicit statement by the consumer to a named third party. This applies without prejudice to the powers of the regulatory authority under section 131, unless this data immediately after their readings with data from other end users aggregates as far as possible and then be anonymized and used only in this anonymous form.

(6) amounts for the use of the network as well as for the delivery of energy shall be calculated on factual and reasonable way on the base of consumption of last year. There is no annual consumption, the amounts on the basis of expected gas consumption due to the estimation of the consumption of comparable customers are to calculate. The partial amount calculation is underlying energy in kWh to inform the customer in writing or at his request electronically.

(7) when smart meters are installed, end users have at least the right to choose between a monthly invoice and a bill of the year.

(8) the regulatory authority may prescribe requirements for transparency of these tariffs for utilities in case of justified suspicion on opaque market behavior on multiple tariff periods in conjunction with intelligent regulation. Also, the regulatory authority may specify that providers in any case, have to offer a time-independent tariff.

(9) suppliers have to inform energy ControlG on the statement about the possibility of a dispute settlement procedure in accordance with section 26."

5 p. According to § 126 126 b together with heading shall be inserted following § 126a and section:

"Consumption and gas cost information for measurement by intelligent instruments

§ 126a. (1) one is monthly within a week after delivery of measured values recorded through a smart meter in accordance with article 129, paragraph 1 by the supplier on the basis of the measured values of the day consumers, the consumed is measured by using a smart meter or, insofar as they are relevant to clearing, the hour values created to provide clear and comprehensive consumption and gas cost information on the total cost for free on electronically. At the express request of the end user is not to transmit this consumption and gas cost information. The end user is to grant the option, to receive either free in the form of paper consumption and gas cost information.

(2) in the case of a separate accounting by the network operator, par. 1 for this shall apply mutatis mutandis.

(3) consumers are transparent about their rights of access to their consumption data referred to in paragraph 1, to inform clearly and free of charge.

(4) the regulatory authority can use regulation to set the minimum requirements for the degree of detail and the form of providing the fuel consumption and gas cost information according to para 1 and para. 2. She has to take into account the intelligibility, as well as the suitability of the information on the effect of efficiency gains.

Fuel consumption and gas cost information without measurement by intelligent instruments

§ 126 b. end users without a load profile, the consumed is measured, not using a smart meter is to submit a detailed, clear and comprehensive consumption and gas cost information with the invoice. In addition, the operator has the possibility admitting, once every three months to give meter readings these consumers. Operator is obliged in case of counter stand announcing the supplier immediately, but not later than within ten days after delivery by the consumer, to send the consumption data. Is the consumer free of charge within two weeks to submit a detailed, clear and comprehensive consumption and gas cost information electronically. § 126a shall apply mutatis mutandis. At the express request of the end user is not to transmit this consumption and gas cost information."

5Q. in article 127, paragraph 1 and paragraph 2 the phrase is substituted "one Bill fair information sheet" with the phrase "a fair a statement once a year information sheet".

5R. Article 127, paragraph 1 Z 7 is as follows:



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

5. in article 127, paragraph 1 Z 8 is the point replaced with a semi-colon and following Z 9 and Z 10 added:



"9. information on the rights of the consumer in accordance with section 126b;"

10. information on the rights of the consumer in accordance with section 129."

No. 4 is 5 t. Article 127, paragraph 2:



"4. information on the rights of the consumer in accordance with section 126b;"

5U. Article 127, paragraph 5 is eliminated and section 127 (4) receives the sales designation (6); Article 127, paragraph 3 and paragraph 5 are:

"(3) the operator is in cases of breach of contract, particularly in the late payment or non performance of an advance payment or security deposit, required at least twice including an at least two-week grace period to remind. The second reminder has to contain also information about the result of a shutdown of the network access after the two-week grace period, as well as the associated estimated costs of a possible shutdown. The final warning has to be carried out by registered mail. Network operators have to indicate the possibility of the use of counselling services in accordance with paragraph 7 with each reminder within the meaning of the first sentence. Was the contract for the supply of natural gas (energy supply) is injured, the provider has to comply with this order for payment procedure.

(4) in the event of an energy supply contract due to ordinary termination, termination timeout or opposition pursuant to § 125 ABS. 2 is neither operators nor the provider making an order for payment procedure in accordance with paragraph 3. This also applies to abusive behavior of the end user, such as manipulation of measuring devices.

(5) a security deposit or advance payment demanded by the network operator or provider, any consumer without a load profile, without prejudice to the has him pursuant to § 124 rights granted, instead - as far as this is technically possible - the right to use a counting device with Prepaymentfunktion."

5V. According to article 127, paragraph 6 shall be added following paragraph 7 and 8:

"(7) provider, which exhibit more than 49 employees and a turnover of more than EUR 10 million, or a balance sheet total of over 10 million, have from 1 January 2015 for their clients for questions on the topics of switching, energy efficiency, gas costs and energy poverty to set up a start-up - und Beratungsstelle.

(8) shutdowns of plants of domestic consumers and small businesses as a result of late payment are not allowed on the last working day before weekends or public holidays."

5W. in article 128, paragraph 1 the last sentence is the point by a comma replaced and attached the following phrase:

"about the introduction, in particular about the cost situation, the power situation, data protection and data security and consumption development consumers to report and promptly to inform end-users about installing a smart meter, as well as the conditions associated. In relation to the requirements determined by the regulation for the installation of smart meters, the operator has a consumer's desire to get a smart meter, to take into account. "The regulator has the responsibility to inform the consumer about general aspects of the introduction of intelligent instruments and the introduction of intelligent instruments, in particular about the cost situation, the power situation, data protection and data security, as far as known, each year a report to the developments at European level and on the development of consumption consumers,."

In section 128, paragraph 2, the last sentence does not apply 5 x. and append the following records and following paragraph 3 to paragraph 6:

"The regulation has to prescribe at least that minimum level of functionality, which must contain intelligent instruments in paragraph 3 and paragraph 5, as well as in article 129 and article 129a to meet the defined tasks. Smart meters are to equip anyway, so that a measurement and recording of meter readings in an interval of an hour is possible to store the values for 60 calendar days in the smart meter can be made and a remote readout of the measured data stored in the device through a communication interface is possible. The regulator has the representative of consumer protection as well as the data protection authority and the data protection Council to integrate as far as possible. The operation of intelligent instruments, as well as their communication to external devices is recognized State of the art secure, also not to allow access via the current counter unauthorized. The operation of intelligent instruments has the size and calibration-legal and privacy regulations as well as the recognized State of the art to suit.


(3) the display on the smart meter is to configure that only the current counter status can be read by default. For purposes of the review of beyond, stored in the meter billing-relevant values the display of smart instruments that allow for the measurement and storage of counter readings in the appliance at an interval of 24 hours and 60 minutes is on customer's request to release, allow for a review of these values based on the display of the smart meter itself. This release has free of charge and without to be unreasonable additional cost for the consumer. At the express request of the consumer view is promptly and free of charge again in its original configuration prior to reset.

(4) there are in particular in the case of change or resolution of the contract with the operator display of historical readings of the previous contractual relationships, if available, so secure, prevent a reading based on the intelligent display by unauthorized. This blocking is to repeal without delay and free of charge, if no measured values of the previous contractual relationship are more in the smart meter itself. Independently but they are section 129a subsection 2 statutory regulations and the current contract obligation of the network operator to provide the consumption data according to article 129, paragraph 1 and paragraph 2 and the delivery to the supplier in accordance with.

(5) the obligation of the network operator to secure the readings stored in the smart meter against an access of unprivileged in accordance with paragraph 2 shall apply mutatis mutandis for all other existing interfaces of the device.

(6) if it requires the guarantee of data protection and data security in connection with the operation of Intelligent measuring systems, the Federal Minister of economy, family and youth can set more detailed provisions on the State of the art in agreement with the Federal Chancellor regulation, taking into consideration on the relevant international regulations, as well as the technical and economically reasonable practicability, where a network operator has to comply with. Here in particular the annual reports of the regulatory authority referred to in paragraph 1, as well as international safety standards be recognized."

5y. Article 129 and article 129a are:

"129 (1) operators have to ensure that no later than six months from is once a day delivered a counter when of installing a smart meter at the respective end user. These smart meters have a built-in storage facility, so have in addition to record all hourly values and availability for the customers for 60 calendar days in the Intelligent measuring instrument for purposes to store accounting, customer information (§ 126a), energy efficiency, energy statistics and maintaining a safe and efficient network operation. Each installed smart meter is to assign a network user category in accordance with § 27 para. 3 in.

(2) network operators are obliged those consumers whose consumption is measured during a smart meter in any case, the daily consumption values as well as, on request depending on the contractual agreement or consent, no later than 12 hours after their reading from the gauge anyway, through a customer-friendly Web portal free to provide hourly values. The readout of this consumption values from the measuring device has to be there at least once a day. In addition, network operators have arrangements for secure identification and authentication of end users on the portal, as well as for an encrypted transmission of data to the State of the art to meet. A comparable level of information is possible to enable consumers, who do not have Internet access or who have access to the Internet only on unreasonable way.

(3) the consumer must be informed that recourse to this possibility has the remote readout of consumption data from the smart meter as a pre-condition in the case of the use of the information options about the way of the Web portal in accordance with para. 2 explicit reference is made transparent and providing data in the portal each ends after a period of 36 months from availability, as well as in the event of dissolution of the contractual relationship with the network operator. This explicit reference has to be made at least in terms of network operators, as well as the same immediately upon registration in the portal.

(4) end users is the possibility to grant your user account in the portal according to para 2 free of charge at any time again fully either automatically or by the operator without excessive overhead for the end user to delete. In this case has to be avoided the more readout and processing of usage data from the Intelligent measuring instrument of the affected end user for purposes of providing in the portal. In addition, to give also the possibility, to delete consumption values, where opportunity for securing local, in terms of the audit is to provide the portal at least monthly after learning is consumers.

(5) consumer are to inform about their rights in accordance with paragraph 1 to paragraph 5 on access to their consumption data by the operator, transparent and understandable.

(6) the regulatory authority can use to determine the requirements for the degree of detail and the form of the provision of the consumption information regulation in the Web-portal referred to in paragraph 2. Where necessary, the regulatory authority can set the level of detail of the data provided by the interface in accordance with paragraph 5. She has to take into account the intelligibility, as well as the suitability of the information on the effect of efficiency gains. Also can the regulatory authority requirements for the standardized submission of data, as well as their format from the network operator to the final consumer or to a third party authorized by the end user set, with a direct access of third parties on the Web portal in any case is not permitted.

§ 129a. (1) a reading together with the use of hourly values of the end user by the operator is allowed only with the express consent of the consumer, or the fulfilment of obligations arising from a contract selected by the customer, based on hourly values. Besides network operators may read this data justified local occasionally without the agreement of the end user of the smart meter, insofar as this is necessary for the purposes of maintaining a safe and efficient network operation. The relevant data are immediately to delete as soon as they are no longer needed for the fulfillment of the purpose. Network operators have a year to report about the Starter cases for such data readouts of the regulatory authority. Also hourly values can be read from 2012, as well as for the purpose of monitoring on arrangement of the regulatory authority for the purpose of natural gas statistics in accordance with § 147, in particular for the purpose of evaluating developments of daily fluctuations (day hydrographs) of acceptance from the public network, and for the purpose of power steering power steering law under section 131 of the Intelligent measuring device, if they are aggregated as far as possible immediately after their readings with data from other end users and anonymized and used only in this anonymous form. Data may only read from a smart meter for purposes of statistics when network operators the necessary statistical data are not available. The end user is in the case of a readout of the hourly values without informed consent in timely manner.

(2) network operators are obliged, immediately at the beginning of the following calendar month, but no later than to transmit all collected daily consumption levels of end user, the consumed is measured by using a smart meter; the fifth of this month to the respective suppliers for the purposes referred to in § 126a, as well as for purposes of clearing Hour values may be transmitted only after the explicit consent of the consumer or to fulfill contractual obligations to the supplier. The regulatory authority can use regulation to set the requirements for the standardized submission of this data, as well as their format from the network operator to the provider or third parties authorized by the end user.

(3) in the context of conclusion of a treaty, which requires the reading and use of hourly values, or in the context of the approval of the final consumer to the reading and use of hourly values, stating their purpose a transparent information of the consumer is to ensure explicit reference is made to the legal consequence of the admissibility of the use of data and stating the purpose of the General conditions and in the contract form of network operators and providers.


(4) the installation of a smart meter in accordance with section 128 paragraph 1 when an end user with valid contractual relationship, whose continuing would necessarily require the readout of consumption values that go beyond a daily consumption value, due to an existing clearing time of day is the consumer of this fact is proven transparent and understandable to inform. It is also the end user about the possibility of moving to a settlement that requires only the reading of daily consumption, proven, transparent and understandable to inform. The continuation of the contractual relationship to the original conditions requires the express consent of the consumer.

(5) use of consumption data measured by means of intelligent instruments for others than those in paragraph 1 to paragraph 4 and § 123, § 126, 126a §, and § 129 purposes, administrative, administrative or civil proceedings, not directly related to purposes of this Act, is inadmissible."

5z. Article 137 para 5 is as follows:

"(5) by Editions is a vote with already existing or approved other energy facilities and the needs of the country's culture, forestry, of water law, spatial planning, water management, the torrent and avalanche control, of nature and landscape protection, of monument protection, soil culture, to bring about public transport, as well as the national defense. To protect these interests to appointed authorities and public bodies are to listen."

5za. § 147 the following paragraph 6 is added:

(6) that are statistical data collected by the regulatory authority to publish.

6. in article 148, paragraph 3, the designation of "the Administrative Court" is replaced by the designation "the Administrative Court of the country".

6a. Article 159, paragraph 1 Z 5-Z 7 are:



"5. causes, that the exchange period provided for in article 123, paragraph 2 is not respected

6 contrary to section 123 (4) last sentence initiates a process without declaration of intent of a consumer;

para 5 to paragraph 7 does not corresponds to 7 its obligations pursuant to section 123;"

7 Article 159 para 1 be added following Z 8-Z 17:



"8. contrary to article 4 paragraph 1 of the Regulation (EU) no 1227/2011 insider-information not, not properly, not completely, not effective or not in time known are;

9. contrary to article 4 paragraph 2 of the Regulation (EU) no 1227/2011 inside information not, not, not fully or not immediately transmitted;

10. contrary to article 4 (3) of Regulation (EU) no 1227/2011 the simultaneous, complete and actual disclosure of information does not ensure;

11. contrary to article 8 paragraph 1 of the Regulation (EU) No. 1227 / 2011 in conjunction with an implementing Act under article 8 para 2 of the Regulation (EU) no 1227/2011 a there called record, not properly, not timely or not completely sent;

12. contrary to article 8 paragraph 5 of the Regulation (EU) No. 1227 / 2011 in conjunction with an implementing act according to article 8 paragraph 6 of the Regulation (EU) no 1227/2011 there called information, not properly, not timely or not completely sent;

13 contrary to article 9 No. 1227/2011 not or not timely with the regulatory authority to register para 1 in conjunction with § 4 of the Regulation (EU) leaves;

14 contrary to article 9 paragraph 1 subparagraph 2 of Regulation (EU) 1227/2011 more than a national regulatory authority register no. can;

15. contrary to article 9 par. 5 of the Regulation (EU) no 1227/2011 a change with regard to the information required for the registration does not immediately notify;

16. contrary to article 15 of the Regulation (EU) No. 1227/2011 not, incorrectly, incompletely or not in time the regulatory authority informed.

17 in article 3 para 1 of the Regulation (EU) No. 1227 / 2011 known way, but without the intent to gain a pecuniary benefit oneself or a third party, inside information used and thus contravenes the prohibition of insider dealing if he in accordance with art. 3 par. 2 lit. "e of Regulation (EU) 1227/2011 know no. or should that's inside information within the meaning of article 2 subpara 1 of Regulation (EU) No. 1227/2011 is."

7A. § 159 ABS 2 Z 13 is as follows:



"Paragraph 4 does not meet 13. his obligation to the transmission of data in accordance with section 123;"

Z 15 to no. 19 is 7B. section 159, paragraph 2:



"15. his obligations pursuant to § 126 until b does not comply with section 126;

16 on the basis of a regulation in accordance with § 126a, § 126 b, section 128, or § 129a laid down obligations not meets the;

17. his obligations in accordance with section 127 or 128 not;

18. his obligations pursuant to section 129 does not meet;

19. his obligations pursuant to § 129a not equals;"

7 c. Article 159 para 3 No. 1 is:



"1. contrary to section 11, section 69, paragraph 3, § 123, § 129, § 129a or § 156 para 4 data illegally revealed;"

8 § 159 be added following paragraph 4 and paragraph 5:

"(4) if the Act is not the offence of a criminal offence falling within the jurisdiction of the ordinary courts or a fine offense or is under threat after another administrative penal provisions more stringent punishment, commits an administrative offence and is fined to punish with up to 150 000 euro, who"



1. violates article 5 in conjunction with article 2 subpara 2 and 3 of Regulation (EU) No. 1227/2011 market manipulation or attempt a market manipulation makes;

2. in article 3 used paragraph 1 of the Regulation (EU) No. 1227 / 2011 designated manner with the intent to gain a pecuniary benefit oneself or a third party, inside information and thus contravenes the prohibition of insider dealing if he in accordance with art. 3 par. 2 lit. e of Regulation (EU) 1227/2011 know no. or should that's inside information within the meaning of article 2 subpara 1 of Regulation (EU) No. 1227/2011 is.

(5) if the Act is not the offence of a criminal offence falling within the jurisdiction of the ordinary courts or a fine offense or is under threat after another administrative penal provisions more stringent punishment, commits an administrative offence and is fined to punish with up to EUR 10 000, who



1. his obligations to the communication of inside information in accordance with § 10a not;

2. set the on the basis of a regulation in accordance with section 25a, paragraph 2 E-ControlG arranged transfers does not fulfil;

3. his information and cooperation commitments pursuant to § 25a 3 E ControlG not comply."

8A. Article 163 is together with the heading:

'Special provisions on administrative penal proceedings

163. (1) the Statute of limitations (§ 31 para 2 VStG) for administrative offences pursuant to § 159 to § 162 is one year.

(2) an attempt is punishable. A pecuniary benefit achieved is as to declare forfeited."

8B. In article 168, paragraph 1, the phrase "article 123 para. 3" by the phrase "section 123 (4)" and the phrase "section 129, paragraph 1" by the phrase "section 129" is replaced.

9. after section 168 the following Article 168a and heading shall be inserted:

"Misuse of insider information

§ 168a. (1) persons in accordance with article 3 par. 2 lit. a to lit. of Regulation (EU) no 1227/2011, which are



1. members of the administrative, management and supervisory bodies of a company, 2. people with shareholding in a company, 3. persons who have access to information in the exercise of their work or their profession or their tasks and 4. persons who have procured himself this information on criminal way, the inside information within the meaning of article 2 Z 1 of Regulation (EU) No. 1227/2011 in terms of gas that wholesale energy products within the meaning of article 2 No. 4 of the Regulation () Exploiting EU) No. 1227/2011 with the intent to gain a pecuniary benefit oneself or a third party, by a. for own or third-party account use this information by way of the acquisition or disposal of such energy wholesale products to which the information relates, directly or indirectly, disclose b. this information to third parties insofar as this is not done in the normal exercise of their work or their profession or their tasks , or c. on the basis of inside information recommend others or encourage others to do so, such energy wholesale products to which the information relates, to acquire or to dispose of, are the Court with imprisonment up to three years, to punish.

(2) Whoever as referred to in paragraph 1 Z 1 to 4 inside information within the meaning of article 2 subpara 1 of Regulation (EU) No. 1227/2011 in relation to gas related wholesale energy products within the meaning of article 2 Z 4 of the Regulation (EU) No. 1227/2011 on the way referred to in paragraph 1, but without the intent to gain a pecuniary benefit oneself or a third party , is used by the Court to imprisonment up to six months or to punish with fines of up to 360 daily rates.

(3) the Act is not punishable under paragraphs 1 and 2, if



1.

a transmission system operator within the meaning of article 3 (3) of Regulation (EU) No. 1227/2011 natural gas purchases, to ensure the safe operation of the network, or 2 that each article 3 paragraph 4 lit. a to c of Regulation (EU) No. 1227/2011 referred to market participants in the manner there described operate.

(4) the responsibility for the implementation of the main proceedings for misuse of inside information is the regional court for criminal matters in Vienna. This also applies to the proceedings for an act which at the same time meets the offence of misuse of inside information and the a legal offence of otherwise."

10. after section 169 subsection 3 the following paragraph 4 is added:

"(4) § 2, section 10a, article 159, paragraph 1 Z 8-Z 17, article 159 para 4 and 5 and § 168a in the version of Federal Law Gazette I no. 174/2013 with the announcement the following month into force." I no. 174/2013, § 69 para 3, § 71 para 4 and § 148 paragraph 3, as amended by Federal Law Gazette into force on January 1, 2014."

11 170 paragraph 4 the following sentence is added to §:

"The regulations adopted on the basis of law provisions of this Federal Act remain in the case of the amendment of the Federal law in force."

Article 3

Amendment of the Energy Control Act

The Federal Act on the regulator in the power and gas sectors (Energy-Control Act E-ControlG), Federal Law Gazette I no. 110/2010, as last amended by Federal Law Gazette I no. 107/2011, is amended as follows:

1 (constitutional provision) article 1, paragraph 1 reads:

"(1) (constitutional provision) the issuing, suspension, as well as the enforcement of rules, as they are included in this Federal Act, are also in the concerns of Federal thing, for which the B-VG, else determines something. The matters governed by this federal law can be obtained immediately from the facilities provided for in this regulation."

2. in section 1, paragraph 2, the phrase is in Z 1 "p. 55, and" is replaced by the phrase "P. 55,".

3. § 1 para 2 is added following no. 3:



"3. the Regulation (EU) no 1227/2011 over the integrity and transparency of the energy market OJ" No. L 326 of the 08.12.2011, p. 1.'

4. § 3 shall beadded following Z 7:



"7" Regulation (EU) no 1227/2011 "Regulation (EC) no 1227/2011 over the integrity and transparency of the energy market, OJ" "L 326 of the 08.12.2011 s 1."

5. paragraph 4 is added to the following Z 9:



"9 ensure the integrity and transparency of the energy wholesale market."

6. in article 5, paragraph 4, the phrase "in energy steering law of 1982, with the exception of the section 20i and section 20j" by the phrase is "the energy steering law of 2012, with the exception of § 15 para 2 and section 27, paragraph 2" replaced.

7 paragraph 9:

"Section 9 (1) can the E-control against administrative decisions which have an official act of E-control to the subject, levy review because of law as laid down by the administrative court.

"(2) appeals against decisions of the Executive Board of the E-control in matters of determining the cost base pursuant to § 48 para 1 ElWOG 2010, section 24 para 1 MLA 2011 and § 69 para 1 MLA 2011 as well as decisions about the method pursuant to § 69 para 2 MLA 2011 have no suspensive effect."

8 paragraph 12 paragraph 4:

"(4) the party who is not satisfied are Nos. 2 and 3 with decisions referred to in paragraph 1, can bring the item within four weeks after receipt of the notification the competent ordinary court. The decision on a request for approval of reinstatement against the expiry of the appeal period is for the Court; the request for re-establishment is directly contributing to court."

9. (constitutional provision) § 21 para 1 No. 4 is as follows:



"4. Federal Act on control measures for the security of energy supply (power steering law 2012 - EnLG 2012), Federal Law Gazette I no. 41/2013;"

10. (constitutional provision) article 21, paragraph 1, following Z 12 is attached:



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

11 § 24 para 1 is attached following Z 4:



"4. monitoring of trade in wholesale energy products at the national level as well as the monitoring of compliance with all the Regulation (EU) No. 1227 / 2011 imposed obligations and bans."

12 according to § 25, 25a following § and § 25B along with headings inserted:

"Investigation and monitoring of the functioning of the wholesale energy markets

Section 25a. (1) without prejudice to the competence of the ordinary courts, law enforcement, the Federal competition authority, the financial market supervisory authority and the Federal Minister of economy, family and youth are E-control to ensure compliance with article 3 and article 5 of the Regulation (EU) No. 1227/2011 set bans, as well as in article 4 of Regulation (EU) No. of 1227/2011 set obligation investigations and monitoring powers assigned to. For these purposes it is entitled respecting the criterion of proportionality referred to in article 13 para 1 of the Regulation (EU) no 1227/2011:



1. relevant documents of all kinds to inspect and maintain copies of them;

2. by any relevant person information request, even by those who are successively involved in the transmission of orders or the execution of the acts concerned, as well as by their clients, and if necessary, such persons or clients to summon and hear; the suspicion of abuse of insider information (§ 108a ElWOG 2010 or § 168a MLA 2011) the E-control has the right to be present at the investigative measures of law enforcement after the 10th section of the 8 main piece of the Ccrp and to ask questions; the E-control is by these dates to communicate;

3. investigations on site making and all information necessary for carrying out investigative measures to require, as well as all representatives or employees of the undertaking or Association of undertakings to demand explanations on facts or documents relating to subject-matter and purpose of the investigation in relation;

4 results taken to the Act of access to data of a message delivery and monitoring of messages (section 134 Z 5 and § 145 StPO) to see and to get copies of them (article 140, paragraph 3 StPO);

5. If the competent public prosecutor's Office a guarantee in accordance with section 110 to encourage StPO.

6 on suspicion of market manipulation for the duration of the procedure a temporary ban on the exercise of the occupation of the accused when the authority which has granted permission to the pursuit of the business of the company or the pursuit of the professional activities of the accused or noted to apply, unless the accused is strongly tatverdächtig, is this work with the relevant offence relating and , if there is a danger the accused might otherwise the Act repeat. This procedure is the E-control party position.

(2) E-control collects and collects the data and information, the it to meet their regulation (EU) no 1227/2011 and article 24, paragraph 1 Z 4 tasks. The E-control has the notifying parties, the number of times to determine the scope and the format of the reporting requirements by regulation. To avoid double messages reporting requirements of Meldeverpflichteten compared to other competent national authorities, as well as those are no. by the European Commission in accordance with article 8 para 2 and 6 of Regulation (EU) 1227/2011 to be determined reporting requirements.

(3) publicly traded companies as well as other persons who professionally arranging transactions for the Austrian market, have to provide all the information necessary to carry out their tasks E-control and to support the E-control in the conduct of their investigations. Suspected that regulations falling within the remit of the public company, in particular the trade rules, as well as regulations falling within the competence of the E-control have been violated, both bodies cooperate and provide each other with the necessary information. E-control is entitled to apply the omission of examinations or other measures the Exchange operating companies, as well as other persons who professionally arranging transactions for the Austrian market, thus the determination of the facts of the case in accordance with article 1227/2011 more difficult No. 3 or article 5 of the Regulation (EU) or'd thwarted.

(4) the E-control, the financial market authority, the Federal competition Commission and the stock exchange Commissioner pursuant to section 46 BörseG 1989 have to tell each other observations and findings, including personal information, that no. 1227/2011 are required for the performance of their duties within the meaning of Regulation (EU). The confidentiality, integrity, and the protection of incoming information must be ensured.

(5) the E-control authorised data exchange agreements with regulators in other EU and EFTA States to complete and this derived data to meet their is through regulation (EC) no 1227/2011 and § 24 para 1 Z 4 tasks to use. The confidentiality, the integrity and the protection of the incoming data must be ensured.


(6) the E-control is authorized to announce final decisions of the authorities of criminal that infringements of the Regulation (EU) No. 1227/2011 have been imposed, publicly in by way of analogous application of § 36 para 4, indicating the parties and the main content of the decision including the sanctions unless such notification would have a disproportionate damage to the parties involved result.

(7) the provisions of the General administrative procedures Act 1991 shall apply mutatis mutandis.

Special provisions in respect of investigative and surveillance powers in the service of criminal justice in cases of suspected misuse of inside information

section 25 b. E-control is obliged to cooperate with the law enforcement agencies and to provide their findings so far within the framework of the powers provided for in section 25a, paragraph 1 and evidence to law enforcement authorities in the investigation to the enlightenment of the suspicion of abuse of insider information (§ 108a ElWOG 2010 and § 168a MLA 2011). In the framework of this cooperation the E-control at the request of the public prosecutor's Office has to carry out analyses and evaluations of documents and information stored on the disk."

12A. in section 28 the phrase "Supply of last resort" will be replaced by the phrase "Primary care".

13 § 42 para 2 is added the following paragraph 3:

"(3) § 2, § 3 No. 7, § 4 Z 9, § 21 ABS. 1 Z 12, § 24 para. 1 Z 4, § 25a and 25B as amended by Federal Law Gazette I no. 174/2013 with the announcement the following month into force." I will take no. 174/2013, section 9 and section 12 paragraph 4, as amended by Federal Law Gazette 1 January 2014 effect."

Fischer

Faymann