Change The Gas-Market Model Regulation 2012 (Gmmo-Vo Novella 2013)

Original Language Title: Änderung der Gas-Marktmodell-Verordnung 2012 (GMMO-VO Novelle 2013)

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_II_88/BGBLA_2013_II_88.html

88. Regulation of the Board of E-control, the gas-market model regulation 2012 modifies the (GMMO-VO Novella 2013)

On the basis of § 41 gas Act 2011 - MLA 2011, Federal Law Gazette I no. 107/2011 as amended by Federal Law Gazette I no. 138/2011, in conjunction with article 7, paragraph 1 Energy Control Act E-ControlG, Federal Law Gazette I no. 110/2010 in the version of Federal Law Gazette I is no. 51/2012, prescribed:

The regulation of the Board of the E-control regulations to the gas market model (gas-market model regulation 2012), Federal Law Gazette II No. 171/2012 in the version of the GMMO regulation amendment to 2012, Federal Law Gazette II No. 443/2012, is amended as follows:

1. paragraph 9 paragraph 5:

"(5) registration required for a booking is carried out according to the General conditions of the operator of the online platform for the allocation of capacities."

2. paragraph 11:

"Section 11 (1) of the balance, the capacities allocated its balance group network user in accordance with article 23, paragraph 1, is responsible for the nominations and re nominations of its balance group.

(2) the balance nominated the quantities of gas to be transported within the framework of fixed capacity at a point of booking up to 14:00 of the day before the delivery day. No nomination for the transmission system operators received up to that point, apply zero as the nominated value. The settlement of bundled nominations must be with the applicable accounting rules in line.

(3) the nominating balance can replace his original nomination with at least two-hour lead time on the hour with a re nomination. A re nomination is allowed, if this exceeds not 90 percent of fixed capacity associated with the balance group or sub balance account and below not ten percent of the associated fixed capacity. Original nominations of at least 80 percent of fixed capacity associated with the balance group or sub balance account approved the half of the not nominated area for re nomination upwards. Original nominations by more than 20 percent of fixed capacity associated with the balance group or sub balance account approved the half of the nominated area for re nomination down. The permissible re nomination is rounded kWh commercial on whole. Determination of range of re nomination of a balance group ahead capacity does not day.

(4) the nominations and the balance re nominations are first assign the fixed and interruptible capacity products then by the transmission system operators. These mappings and the tests referred to in paragraph 3 and 7 are made on an hourly basis.

(5) a re nomination of fixed capacity exceeds the limits according to paragraph 3, this is only in sum the booked capacity to accept. Re nomination part exceeds the permissible range is to be treated as a nomination of interruptible capacity and to stop first in the Engpassfall.

(6) on the power user who has posted an average of less than 10 percent of technical capacity at the point of booking in one flow direction during the previous 365 days, the re nomination restrictions in accordance with paragraph 3 and 5 at this point of booking and in this direction under the following conditions do not apply: the balance group or sub balance account, which the capacity of this network user's are associated.



1. must be associated with less than ten percent of the technical capacity on the relevant booking point in the direction of the flow; and 2 must not be no capacity of a network user's associated, to the requirement of the first sentence of this paragraph not apply to.

Day-ahead capacity are not taken into account when determining the booked and associated fixed capacity.

(7) the competent conduct may establish sub-accounts of balance sheet. The nomination or re nomination of gas quantities is carried out in this case the relevant balance on the sub account account, apply by analogy the relevant nomination and re nomination rules for financial groups.

(8) the nomination must be taken individually for each direction of flow. The nomination of bundled capacity is carried out by submitting a bundled nomination.

(9) the transmission system operators as day ahead capacities in accordance with § 6 ABS. 3 offers the capacities that are free through the application of the re nomination restrictions in accordance with paragraph 3 and 5.

(10) that are awarded day ahead capacity pursuant to § 6 par. 3 to nominate for the next day until 20:00.

(11) in the short term booked capacity (Day Ahead-, rest of the day – and within day capacity) are immediately to bring into balance groups.

(12) the power user who capacities offered by the transmission system operator according to § 6 ABS. 3 remains obliged to pay the upstream or off dining charges.

(13) where comparable rules be applied to limit coupling points of adjacent network operators, transmission network operators at these coupling points of the border may differ, if necessary, set para 3, 5, 6 and 8, 2. the restriction of re nomination rights in accordance with, to enable a regulation compatible with the neighbouring area of market. In particular, the pooling of capacities should not become harder. The deviation is to preview the regulatory authority and to establish.

(14) paragraph 1 to 13 shall apply also for contracts concluded before the entry into force of this regulation.'

3. paragraph 15 paragraph 3:

"The sections 8, 9, 12 apply (3) for network access at border linking points in the distribution system accordingly. The distribution area manager is responsible for the supply and allocation of single - and from supply capacities in the distribution area bordering market area. Capacities are in the order of receipt of requests for access to the network distribution area managers, an online platform to market."

4. paragraph 18 para 2:

"(2) the market area manager performs the balancing for all nominees or per schedule notified quantities of gas. The balance Group Coordinator performs the balancing for physical deviations resulting from the actual end user acceptance and the end user schedules for that logged-on as well as the balance of compromises of the border linking points in the distribution system, the special balance group for distribution networks and the differences between reported via timetable and appropriate bio gas single quantities of food. The balancing is to conduct each per balance sheet group and occurs in units of energy (kWh or MWh)."

5. § 18 para 6 to 7a are:

"(6) for network users who have agreed to a contractual maximum capacity of more than 10,000 kWh/h per single - or Ausspeise -, or reporting point with the network operator, an hour is considered by way of derogation from paragraph 5 accounting period (measurement period).

(7) NET user agreed a contractual maximum capacity of more than 10,000 kWh/h and up to 50,000 kWh/h per single - or Ausspeise -, or reporting point with the operators and their measured values online, the distribution system operator are available, can opt for the day accounting regime in accordance with paragraph 5. Optimize declarations are considered network access requests in accordance with § 13. A change of accounting period is possible once within 12 months.

(7a) that transmission of online readings in accordance with para 7 takes place according to the General conditions of the distribution area manager. “

6. pursuant to section 19 para 11 12 the following paragraph is added:

"(12) one falls off of the balance referred to in paragraph 2 to 4 contracts retroactively, so the respective contractual partner has the market area manager each, to notify the operators of virtual trading point, the distribution area manager, as well as the balance Group Coordinator immediately."

7 paragraph 23 paragraph 1:

"23 (1) the nomination or the schedules of gas quantities on- or off feeding points in the market requires the timely allocation of capacity to balance groups booked at these points. The total booked capacity on- and off dining points at the market area boundaries are by the network user to the network operator on the basis of the associated between them closed or off dining contract, specifying the identification number of the record group. The network user can split its height after booked capacity and assign different balance groups as well as different sub balance sheet accounts these parts. The network user must be managed or immediate balance sheet group member of balance group in accordance with article 20, paragraph 2, which he associates with capacity."

8 § 24 para 1 to 4 are:

"Network operators set up special balance group 24 (1) for the determination of power losses and own usage (net balance group of loss of). Network operators have to designate a balance for this account group. Several network operators can make it common net loss balance sheet group. Counting points by end users may be mapped to a particular record group.


(2) the pursuit of a balance for balance groups referred to in paragraph 1 and for the special balance group of the balance Group Coordinator needed no formal approval. With the establishment of a special balance sheet group DSOs have a contract with the balance Group Coordinator, transmission system operators signed with the market area manager and operator of the virtual trading point, as well as the balance Group Coordinator to conclude a contract with the market area manager, in which the rights and obligations relating to the respective roles of the parties to be regulated.

(3) from the net balance group of loss of is to create at least a timetable or a nomination for losses and power consumption. Several network operators form a common net loss balance sheet group, the balance has to report the balance group coordinator or the market area manager, which network operators on this are involved.

(4) the known total distribution losses and the own consumption of the previous year's serve as the starting point for the creation of network loss timetable. These represent a certain percentage of the total energy output from the considered network and are as follows:



1 from the network operator, exact values for the schedule - or nomination creation are measurements to be used.

2. should exist or be not justifiable for economic reasons no measurement values from the previous year or best estimates for the timetable or nomination creation are to be used.

3. If the network operator on the basis of his own calculations have more accurate values, these are to be used as the basis for the timetable or nomination creation.

4. If the operator due to works on the net depressurise the power supplies must, are. to pinpoint these quantities for emptying and filling, and taken into account in the timetable or nomination creation"

9 paragraph 24 paragraph 7:

'(7) have several network operators joined together to a net balance group of loss of, so it is free the balance, to submit either a complete timetable and an overall nomination or individual timetables and nominations each operator to the balance group coordinator or the market area manager after consultation with the balance group coordinator or the market area manager.'

10 § 25 para 4 No. 2 is:



"2. the dispatch of each provider aggregated SLP consumption forecasts on the respective balance and the transfer of the sum of the SLP consumption forecasts to the market area manager;"

11 § 25 para 4 No. 6 and 7 are:



"6. the dispatch of the roadmap for single quantities of food from biogas plants to the balance Group Coordinator;

7. the dispatch of nominations for frontier coupling points in the distribution system to the balance Group Coordinator;"

12 § 25 para 8 Z 5 is:



"5. at least monthly transmission of measured data for consumption by users of network aggregates per provider for equipment producers biogenic gases, measurement of the border linking points in the distribution system, gas deliveries from storage and production as the checksum value as well as measurement data for gas transfers between grids in the distribution area to the balance Group Coordinator and to the Distributor area manager."

13 § 26 para 1 is as follows:

"§ 26 (1) the accounting for all gas volumes in the market area, with the exception of the difference between consumer schedules and actual consumption by consumers, the difference between registered timetables and readings on border linking points in the distribution system, the special balance groups for distribution and differences between reported via timetable and appropriate bio gas single quantities of food, market area manager performs."

14 § 26 para 4 to 6 are:

"(4) the market area manager accounted for the nominated quantities of balance group and informed the balance day imbalances occur. Should the affected balance within an hour to re nominate and the imbalance of day per balance sheet group clean up, compensation for the affected balance group is made by means of a purchase or sale of the corresponding volumes on the exchange of natural gas at the virtual trading point. The market area manager can extend the response period of one hour. The extension is to publish on the online platform. The stock exchange transactions at the virtual trading point be concluded in the name and for the account of the respective balance at the respective stock exchange price for one and sell. This provision is not applicable to the particular balance group of the balance Group Coordinator.

(5) the compensation referred to in paragraph 4 is not performed if the day imbalance of a balance group is lower than the Stock Exchange-enabled set of 1 MWh/h. The compensation due to the lead times at the virtual trading point in time can be carried out to the end of the day, this day imbalance for the gas day (D) at the latest in the accounting of the next gas day (D + 1) will be taken into account.

(6) the market area manager has to raise a structuring contribution for the underground structure of hourly imbalances between input and Board per balance sheet group of the balance. The special balance group of market area manager, the balance Group Coordinator and the transmission system operators are excluded from the allocation of structuring fees. The cost of underground structure in accordance with para 7 represent the base of this structuring fees. The market area manager computes the structuring contribution at least annually on the basis of the energy obtained in the last twelve months to compensate for hours deviations and the costs incurred. It is calculated on the basis of the General conditions of the market area manager. Structuring set's contribution is to view the regulatory authority and to publish on the online platform. By 1 January 2013, this structuring contribution maximum of 0.4 cents / kWh is set. The market area manager a report about the extent of the procurement of underground structuring measures to meet the power requirements to submit annually has the regulatory authority. The settlement of structuring contribution is making monthly within five working days after the respective billing month."

15 section 27 par. 4 and 5 are:

"(4) the accounting of the border linking points in the distribution system and the special balance group in the distribution system in accordance with section 24, as well as the feeds of producers of biogenic gases is based on daily values. For the show or Board to limit coupling points in the distribution system are accounted for on the basis of measured hourly values, unless with the adjacent network operators no operational balancing agreement has been agreed upon. At agreed operational balancing agreements apply to the balance, that confirmed quantities are also the allocated amounts.

(5) the transfer is made on the basis of the quantities determined in para 2 to 4 and the balancing energy prices determined in accordance with § 32 and is making monthly within three working days after the clearing of the respective billing month. Is that to which the operators have to submit the clearing-relevant data to the balance Group Coordinator no later than the time of the conclusion of the clearing, it is published by the balance Group Coordinator."

16 paragraph 27 paragraph 10:

"(10) the compensation amount of energy specific according to para 2 and 3 per balance sheet group will be corrected within 14 months after the settlement referred to in paragraph 5 on the basis of the actual measured or read annual energy production and consumption."

17 paragraph 28 paragraph 2:

"(2) the Distributor area manager updated this SLP consumption forecasts in accordance with paragraph 1 on the basis of current forecasts of temperature, in cooperation with the relevant distribution system operator within the gas day three times a day before 24:00 and transmits it to the respective balance, as well as the sum of the SLP consumption forecasts to the market area manager needed."

18 § 32 para 2 is as follows:

"(2) for balancing energy billing the network user according to § 18 paragraph 6 a volume-weighted average price per hour on the basis of polls the Distributor area manager by the exchange of natural gas at the virtual trading point and by the merit is determined order list. An additional three percent and supplied balance energy is applied a discount of three percent on the volume-weighted average price per hour for balance energy-related by the balance. No calls should be made of the distribution area manager based on the hour of delivery, balance energy will be charged for that, used the last available auction price on the within-day market of the exchange of natural gas at the virtual trading point the balancing energy price and the respective discount or applied. Should that day on the gas exchange of virtual trading point no prize came be the latest available hourly balancing energy price is used."

19 § 32 para 4 to 6 are:


"(4) for the settlement of the border coupling points in the distribution system, which is special balance group of distribution networks and the differences between reported via timetable and appropriate bio gas single quantities of food he published for the respective delivery period by the exchange of natural gas at the virtual trading point volume-weighted price index for spot market products used. Should be for the respective delivery period no price can be made, the volume-weighted price index for spot market products, most recently published by the exchange of natural gas at the virtual trading point will be used.

(5) the balancing energy price is to specify in cents/kWh and commercially be rounded to at least three decimal places.

(6) should a shortage result from the balancing energy transfer of the balance Group Coordinator, so is it charged by means of a consumption-related levy on the amount of Web users according to § 18 para. 5 and 7, based on the provisions in the General conditions of the balance Group Coordinator, on the balance. The levy will be a part of the balancing energy transfer and is in cents/kWh. The levy shall be determined by the balance Group Coordinator for the next six months."

20 paragraph 35 paragraph 2:

"(2) to the operational implementation of the provisions of this part of the balance Group Coordinator and the distribution area manager have to conclude the necessary contracts with the operators and the Marktgebietsverantwortlichen of the adjacent upstream market area."

21 § 37 para 6 and 7 are:

"(6) for network users who have agreed to a contractual maximum capacity of more than 10,000 kWh/h per single - or Ausspeise -, or reporting point with the network operator, applies differ from section 5 an hour as a accounting period measurement." The balance circuit transfer has according to § 37 para 3 to supply consumers with the hour as accounting period hours sharp to be carried out according to the projected low gear.

(7) NET user agreed a contractual maximum capacity of more than 10,000 kWh/h and up to 50,000 kWh/h per single - or Ausspeise -, or reporting point with the operators and their measured values online, the distribution system operator are available, can opt for the day accounting regime in accordance with paragraph 5. The online measured values are transmitted according to the General conditions of the distribution area manager. Optimize declarations are considered network access requests in accordance with § 13. A change of accounting period is possible once within 12 months."

22 paragraph 41 paragraph 4:

"(4) the transfer is made on the basis of the quantities determined in para 2 and 3 and the balancing energy prices determined in accordance with section 44 and is making monthly within three working days after the clearing of the respective billing month. Is that to which the operators have to submit the clearing-relevant data to the balance Group Coordinator no later than the time of the conclusion of the clearing, it is published by the balance Group Coordinator."

23 paragraph 42:

"Section 42 (1) of the distribution area manager creates a SLP forecast until 12:00 each day in cooperation with the relevant distribution system operator per network, per provider and SLP type, suitable temperature forecasts, and transmits it in sum on the respective balance

(2) the Distributor area manager updated this SLP consumption forecasts in accordance with paragraph 1 on the basis of current forecasts of temperature, in cooperation with the relevant distribution system operator within the gas day three times a day before midnight and sent them each again at the respective balance."

24 § 44 par. 3 to 5 are:

"(3) for the balancing energy billing of consumers pursuant to § 37 para 6 a volume-weighted average price per hour on the basis of polls the Distributor area manager determines order list of the gas exchange of virtual trading point and the merit being in balance energy-related by the balance a surcharge of three percent and delivered balancing a discount of three percent be applied. No calls should be made of the distribution area manager the reference price published on the current day on the exchange of natural gas at the virtual trading point of the adjacent upstream market area as balancing energy price is used and rated the respective discount or. Should come to this day on the gas exchange of the virtual trading point of the adjacent upstream market area no price formation, the most recently available hourly balancing energy price is used.

(4) the balancing energy price is to specify in cents/kWh and commercially be rounded to at least three decimal places.

(5) should a shortage result from the balancing energy transfer of the balance Group Coordinator, so is this charged by means of a consumption-related levy on the quantity of network users in the day accounting, based on the provisions in the General conditions of the balance Group Coordinator on the balance. The levy will be a part of the balancing energy transfer and is in cents/kWh. The levy shall be determined by the balance Group Coordinator for the following six months. With this assessment any costs and revenues are to cover § 41 para 1 subpara 2 commercial settlement of imbalances of a balance sheet account outside the tolerance limits laid down therein in accordance with."

25. after section 46 paragraph 7 the following paragraph 8 is added:

(8) that are article 11 par. 3, 5, 6, 9 and 10 nomination and re nomination rules to apply to nominations and re nominations as of October 1, 2013.

26. pursuant to § 47 para 4 be added following paragraph 5 to 7:

"(5) sections 9 para 5, § 11, § 15 ABS. 3, § 18 para 2 and 7a, § 19 paragraph 12, § 23 para 1, § 24 para 1 to 4 and para 7, § 25 para 4 Nos. 2, 6 and 7, § 25, subsection 8 Z 5, § 26 para 1, para. 4 and para. 6, § 27 para. 4, 5 and para 10, § 28 para 2, § 32 para 2 and para 4 to 6" , § 46 para. 8 and annex 1 point III. Z 1 para 1 as amended by the GMMO regulation amendment to 2013, Federal Law Gazette II No. 88/2013, unless paragraph 6 and 7 other with 1 April 2013 into force.

(6) § 9 par. 5, article 11, article 35, paragraph 2, § 37 para 6 and para 7, § 41 para 4, § 42, § 44 par. 3 to 5 of the gas market model regulation 2012, BGBl. II Nr 171/2012, occur at the end of the 30 March 2013 override.

(7) section 26 para 5 as amended by GMMO-VO Novella 2013, Federal Law Gazette II No. 88/2013, effective with June 1, 2013. "§ 18 para 6 and 7, article 35, paragraph 2, § 37 para 6 and para 7, § 41 para 4, § 42 and § 44 par. 3 to 5 in the version of the GMMO regulation amendment to 2013, Federal Law Gazette II No. 88/2013, with October 1, 2013 into force."

27 unit 1 point III. Z 1 para 1 is:

"(1) the distribution system operator is obliged to pass on the customer's request and a waiver of the customer on an application immediately to the Distributor area manager, so that this application in accordance with the provisions of the long-term planning (section 22 MLA 2011) can take into account."

Boltz count