Power Steering Law 2012 - Enlg 2012

Original Language Title: Energielenkungsgesetz 2012 – EnLG 2012

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41. Federal Law on Steering Measures to Safeguard Energy Supplies (Energy Law 2012-EnLG 2012)

The National Council has decided:

table of contents

Part 1
Principles

§ 1.

Constitutional provision

§ 2.

Reference to Union law

§ 3.

General provisions

§ 4.

Application of management measures

§ 5.

Release of steering measures

§ 6.

Transfer of data

Part 2
Steering measures for solid and liquid energy sources

§ 7.

Introduction and implementation of management measures for energy sources

§ 8.

Availability, access and seizure rights

§ 9.

Rules for production and use

§ 10.

Restrictions on transport

§ 11.

Reporting requirements

§ 12.

Change in the requirements for the nature of energy sources

§ 13.

Replacement of financial disadvantages

Part 3
Steering measures for the security of electricity supply

§ 14.

Introduction and implementation of steering measures for electrical energy

§ 15.

Preparation, implementation and coordination of management measures

§ 16.

Instructions to market participants

§ 17.

Distribution according to the degree of urgency

§ 18.

Import and Export

§ 19.

Operating mode and emission limit values

§ 20.

Renewable energy

§ 21.

Supply in the Federal States

§ 22.

Taking care of the district heating supply

§ 23.

Multi-consumption charges

§ 24.

General conditions

§ 25.

Exchange of information

Part 4
Steering measures to secure the supply of natural gas

§ 26.

Pre-writing and implementation of steering measures for natural gas

§ 27.

Preparation, implementation and coordination of management measures

§ 28.

Instructions to market participants

§ 29.

Distribution according to the degree of urgency

§ 30.

Import and Export

§ 31.

Operating mode and emission limit values

§ 32.

Taking care of the district heating supply

§ 33.

Multi-consumption natural gas

§ 34.

General conditions

§ 35.

Exchange of information

Part 5
Energy Advisory Council

§ 36.

Tasks and composition

§ 37.

Confidentiality of Obligations

§ 38.

Councils

Part 6
Criminal provisions

§ 39.

General criminal provisions

§ 40.

Multi-consumption

§ 41.

Participation of the Federal Police

Part 7
Transitional and final provisions

§ 42.

entry into force

§ 43.

Enforcement

Part 1

Principles

Constitutional provision

§ 1. (constitutional provision) The release, repeal and enforcement of regulations, as contained in this federal law, are also in the matters of federal matter, with regard to which the Federal Constitutional Law, BGBl. No. 1/1930 (B-VG), otherwise provided for. The matters governed by these provisions may, without prejudice to the position of the Governor of the Federal State pursuant to Article 102 (1) of the B-VG, be transferred in accordance with the provisions of Section 7 (6) of bodies of the statutory interest groups in the The effective area of action, as well as of E-Control, the control zone guides, the market area managers and the distribution area managers are directly provided.

Reference to Union law

§ 2. Through this law,

1.

Directive 2009 /72/EC on common rules for the internal market in electricity and repealing Directive 2003 /54/EC, OJ L 136, 30.4.2003, p. No. OJ L 211, 14.08.2009 p. 55, and

2.

Directive 2009 /73/EC on common rules for the internal market in natural gas and repealing Directive 2003 /55/EC, OJ L 327, 31.12.2003, p. No. OJ L 211, 14.08.2009 p. 94,

as well as those laid down in Regulation (EU) No 994/2010 concerning measures to safeguard security of natural gas supply and repealing Council Directive 2004 /67/EC, OJ L 327, 30.4.2004, p. No. 1. provisions reserved for implementation by the Member States.

General provisions

§ 3. (1) Writings and official acts in the proceedings under this Federal Act are exempt from the stamp and legal fees, the federal administrative charges and the court and judicial administrative fees.

(2) In so far as personal names are only mentioned in male form in this Federal Act, they relate to women and men in the same way. The gender-specific form is to be used in the application to certain persons.

(3) The definitions of the Electricity Economic and Organization Act 2010 (ElWOG 2010), BGBl. I n ° 110/2010, the Gaswirtschaftsgesetz 2011, BGBl. I n ° 107/2011, and the 2012 Petroleum Law Stocks Act, BGBl. I No 78/2012, as amended.

Application of management measures

§ 4. (1) Steering measures under this Federal Act may

1.

for the application of an imminent threat or to remedy an already occurring disturbance of Austria's energy supply, provided that these disturbances are

a)

do not constitute a seasonal crunching phenomenon or

b)

cannot be averted or remedied in good time or by disproportionate means, by means of market-compatible measures, or

2.

in so far as it is necessary for the implementation of international legal obligations to enact emergency measures on the basis of decisions by bodies of international organizations,

be taken.

(2) Steering measures shall be aimed at:

1.

in the case of paragraph 1 (1) (1), covering the vital need for energy, including that for military national defence, the maintenance of undisturbed production of goods and the production of services, and the supply of the population and other needs,

2.

in the case of paragraph 1 (1) (2), allow the fulfilment of obligations under international law for the implementation of emergency measures on the basis of decisions by bodies of international organisations.

(3) Steering measures may be taken in their entirety, individually or in conjunction with each other, irrespective of whether a disturbance referred to in paragraph 1 (1) (1) relates only to parts of the territory of the Federal Republic or to certain branches of the energy supply. If a disturbance referred to in paragraph 1 (1) applies only to parts of the federal territory, steering measures can also be restricted to parts of the federal territory.

(4) Steering measures may only be taken to such an extent and for such a duration as to prevent or remedy the disturbance or to comply with international obligations for the implementation of emergency measures It is essential to take decisions by bodies of international organisations. The inviolability of the property and the freedom of employment shall be subject to intervention only if the objectives set out in paragraph 2 cannot be achieved in a different way.

Release of steering measures

§ 5. (1) Steering measures should be provided by the Federal Minister for Economic Affairs, the Family and Youth. Such regulations shall be subject to the approval of the main committee of the National Council, insofar as they do not exclusively cover the total or partial cancellation of the steering measures. In any event, the regulations have to be adopted separately for the management of energy sources, the security of electricity supply and the security of natural gas supplies. Steering measures have to be taken into account in each case with regard to the energy supply situation in the other areas and, if necessary, measures can be taken across the energy-carrier system.

(2) At the risk of default, regulations requiring the approval of the main committee of the National Council shall be adopted at the same time as the application for the approval of the main committee of the National Council. Regulations whose release has not been preceded by the approval of the main committee of the National Council shall be repealed without delay if the Main Committee of the National Council does not, or does not, within the time of the entry into force of the application next week.

(3) Steering measures may only be taken for a period of six months. In the event of an already occurring disturbance of the energy supply, an extension of up to six months with the approval of the main committee of the National Council is possible. The Regulations shall be repealed without delay after the circumstances in which they have been established have been omitted.

(4) Regulations pursuant to the provisions of this Federal Law, provided that they are enacted by the Federal Minister for Economic Affairs, Family and Youth, are in the Federal Law Gazans, provided that they are issued by the Landeshauptmännern (Federal Law Gazans), in the respective To make known and enter into force with their customers, unless a later date for the entry into force is determined. If a manifestation in the Federal Law Gazan or in the Land Code is not possible or is not possible in a timely manner, the Regulation is otherwise-so in particular by broadcasting or other acoustic means or publication in one or more of the following pages. several periodic media works, which publish advertisements, especially in daily newspapers, as well as make them available on the Internet.

(5) The Federal Minister for Economic Affairs, Family and Youth has, for the first time, reported to the National Council within three months of the adoption of the steering measures to report on the steering measures taken at intervals of two months.

Transfer of data

§ 6. (1) Data and information transmitted to the executing bodies on the basis of the provisions of this Federal Law may only be used for the purposes specified in this Federal Act.

(2) The institutions entrusted with the preparation and execution of steering measures pursuant to § 7 (6), § 14 and § 26 shall be the processing and transmission of data within the meaning of the Data Protection Act 2000, BGBl. I n ° 165/1999, which constitutes an essential condition for the performance of the tasks entrusted to them.

(3) Without prejudice to other reporting and disclosure requirements in accordance with this Federal Act, the transmission of data on the facts to which the allocation of the respectively managed energy carrier is subject, including the data on the The identity of the persons entitled to take part and the institutions entrusted with the management of the management measures shall be admissible.

(4) Business or trade secrets of the undertakings concerned by management measures which have become known to the institutions entrusted with the implementation of management measures shall be kept in tune and shall not be disclosed.

Part 2

Steering measures for solid and liquid energy sources

Introduction and implementation of management measures for energy sources

§ 7. (1) Energy sources which may be subject to steering measures are:

1.

oil and petroleum products;

2.

other liquid fuels and fuels, with the exception of waste materials which are produced in the company;

3.

solid fossil fuels.

(2) The Federal Minister for Economic Affairs, Family and Youth may, in accordance with the provisions of Section 4 (2) to (4) of the Regulation, provide for the following management measures for energy carriers, if the conditions set out in § 4 (1) apply:

1.

Availability, access and seizure rights for energy sources (§ 8);

2.

the rules on production, transport, storage, distribution, supply, reference, restriction of imports and the obligation to export energy sources (§ 9);

3.

Restrictions on transport (§ 10);

4.

Reporting obligations (§ 11);

5.

Amendment of the requirements for the nature of energy carriers (§ 12).

By taking measures in respect of energy sources in accordance with Z 1, all existing rights in rem shall be extinguishing to the extent that these rights are not compatible with the purpose of the measures set out.

(3) Energy carriers which are held in stock in order to ensure the public supply of energy and are not intended for sale to third parties shall be reserved for this purpose.

(4) The energy carriers referred to in paragraph 1 may also be subjected to steering measures in accordance with this Federal Law if they are used as a raw material.

(5) energy sources which are not intended for sale to third parties and are held in stock for military defence purposes, or which are owned or held by a final consumer and cover his or her personal needs, or of the needs of its members of the household, as well as energy sources which are used to cover their own operational needs, shall not be subject to any measures pursuant to paragraph 2 (2) (1) or (2) of this Article.

(6) The implementation of the regulations issued in accordance with paragraph 2 shall be incumbable, unless the Federal Minister for Economic Affairs, Family and Youth is responsible, to the authorities of the general government administration and the municipalities in the area of action transferred. The tasks to be carried out by the individual authorities shall be defined in the Regulations referred to in paragraph 2, with reference to expediency, simplicity, laziness, cost saving, and effectiveness of implementation. The Federal Minister for Economic Affairs, Family and Youth may also use bodies of the statutory interest groups in the transferred sphere of action if this seems appropriate for the faster implementation of the regulations.

Availability, access and seizure rights

§ 8. Measures pursuant to Article 7 (2) (1) (1) shall first relate to the compulsory emergency reserves of energy sources established under other legislation. If it proves to be essential, they may also include means of transport, storage facilities and distribution facilities for energy sources.

Rules for production and use

§ 9. (1) Regulations pursuant to Section 7 (2) (2) (2) may provide, in particular, that energy sources are only given in time, locally or in terms of quantity, only for urgent purposes of supply or for the fulfilment of obligations under international law, and can be used. The regulations require, as far as they relate to the transport of energy sources, the approval of the agreement with the Federal Minister for Transport, Innovation and Technology.

(2) In particular, the application of solid fossil fuels from abroad may be limited to one or more undertakings and may be subject to provisions on the basis of the results of the objective pursuant to Article 4 (2) of this Regulation. Conditions for physical and legal persons must be in order to be included in such undertakings. In addition, it may be determined to whom, in what manner and in what quantities such undertakings have to deliver the fuels mentioned.

(3) In such regulations, instructions may also be provided to owners of transport, storage and distribution facilities for energy carriers.

Restrictions on transport

§ 10. (1) In Regulations pursuant to Section 7 (2) (3), the following may be prohibited:

1.

the use of all or certain types of motor vehicles, as well as water and aircraft with machine drive, for certain periods, throughout the Federal Republic of Germany or in parts of the Federal territory;

2.

the exceeding of certain maximum speeds for all or certain types of motor vehicles, on all or certain types of road, and for all or certain types of machinery with a machine drive on all or certain types of road species of waters;

3.

the use of vehicles referred to in Z 1 and Z 2 for specific purposes or events.

(2) In so far as a significant economic, social, cultural or other public interest is required, exceptions may be permitted in general or at a certain level for a certain period of time, in general or in a certain extent.

(3) On request, exceptions to the restrictions prescribed in accordance with paragraph 1 (1) (1) may be granted on a case-by-case basis, on a permanent basis or at a specified time, for the whole territory of the Federal Republic of Germany, or for certain territories, if such an exception in the case of the interest of the Austrian economy is of particular interest, or if there is a significant economic, professional or social interest of the applicant.

(4) In the regulations referred to in paragraph 1, it may also be possible to determine the manner in which vehicle documents are to be marked or to carry out other marking, in order to monitor compliance with the restrictions or the existence of a compliance with the conditions laid down in paragraph 2. or 3 to be eligible. It is also possible to determine the way in which the reasons for the approval of an exception as set out in paragraph 3 are to be made credible.

(5) Regulations pursuant to paragraphs 1, 2 and 4 shall require the approval of the agreement with the Federal Ministers of Transport, Innovation and Technology and for national defence and sport in so far as they provide for traffic restrictions, of which also in the case of: the agricultural, forestry and food industries are affected, including the agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management.

Reporting requirements

§ 11. (1) In Regulations pursuant to Section 7 (2) (4) (4), undertakings which produce, process, consume, consume, store, store or trade in energy sources may be obliged to report on the demand, the production, Processing and processing, the consumption, the supply and exit, as well as the inventory, as well as the necessary information on operating conditions necessary for the enforcement of this federal law.

(2) The Federal Minister for Economic Affairs, the Family and Youth may review the notifications and information to be provided in accordance with paragraph 1 and, if the notifiers have not made the notifications in good time despite the express request, they shall be able to verify the information and information provided to the Identify the place and place at the expense of the reporting person. For this purpose, it can serve the authorities of the general public administration or the duly legitimated organs.

(3) The inspection bodies shall at all times be granted access to the premises and storage facilities and to the inspection of those operating areas and records relating to energy carriers, the knowledge of which is essential for the implementation of the management measures. is required. The information required for the review shall be provided to them.

Change in the requirements for the nature of energy sources

§ 12. Regulations pursuant to Section 7 (2) (5) are to be adopted in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management and only insofar as this is necessary to maintain the supply of energy sources. The prevention of hazardous loads on the environment is to be taken into account. Conflicting rules shall not apply for the duration of the validity of these Regulations.

Replacement of financial disadvantages

§ 13. (1) An allowance shall be made in respect of assets which are incurred as a result of measures taken pursuant to Article 7 (2) (2) (1) and (2) (2). On request, the Federal Minister for Economic Affairs, the Family and the Youth shall be informed of the compensation. This decision shall be issued within eight weeks of the date of application.

(2) Within three months of the notification of the person referred to in paragraph 1, the establishment of compensation may be requested by the ordinary court. The competent court responsible for the replacement amount required shall be the competent court in the course of which the applicant is domicated, provided that the applicant is a legal person or a civil society of the company's right, Seat has. If the applicant is not domicated or domiced in Germany, the court responsible for the required replacement amount shall be the competent court in whose sprint the measure has been set. The procedure is governed by the provisions on judicial proceedings in civil litigation (Civil Procedure Code), whereby the provisions of the Railways-Enpropriation Compensation Act-EisbEG, BGBl. No. 71/1954, idF BGBl. I No 111/2012, on the judicial declaration of compensation to be applied in accordance with the applicable law. With the application of the application to the competent court, the decision referred to in paragraph 1 shall not be taken into account. If the application is withdrawn, the decision shall come into force again to the full extent.

(3) A lien on energy carriers subject to measures pursuant to Article 7 (2) (1) shall also extend to the compensation claim in accordance with paragraph 1 or para. 2, provided that the person responsible for the payment of the compensation payment pledged the existence of the Pfandrechtes has been notified in writing of the name and address of the Pfandgcreditor and the Pfandschuldner. § 34 of the EisbEG is to be applied in a reasonable way.

Part 3

Steering measures for the security of electricity supply

Introduction and implementation of steering measures for electrical energy

§ 14. The Federal Minister for Economic Affairs, the Family and Youth may, if the conditions of § 4 (1) apply, under the provisions of section 4 (2) to (4) by regulation and taking into account the energy supply in the individual countries, the following Provide for steering measures to ensure the supply of electricity:

1.

the issuing of instructions to producers, network operators, balance-group coordinators, balance-group managers and electricity traders concerning the production, transmission, distribution and trading of electrical energy (§ 16);

2.

Calls and dispositions to end users concerning the allocation, withdrawal and use of electrical energy and the exclusion from the removal of electrical energy (§ 17);

3.

Rules on the supply of electrical energy to and from EU Member States and third countries (§ 18);

4.

rules on the mode of operation and the determination of variations in emission limit values for electrical energy production plants (§ 19);

5.

To lay down derogations from other renewable energy legislation in so far as it is necessary to ensure the supply of electrical energy (§ 20);

6.

Regulations on the use of green electricity in accordance with § 5 (1) Z 22 of the Ecoelectricity Act 2012, BGBl. I No 75/2011 (§ 21);

7.

Pre-depreciation of country consumption quotas for the Länder (§ 21);

8.

Issue of instructions or dispositions

a)

to producers who operate combined heat and power systems with a bottleneck performance of at least 50 MW (thermal) or an annual heat output of at least 300 GWh; and

b)

to district heating companies with a total heat transfer capacity of at least 50 MW (thermal) or an annual heat output of at least 300 GWh (heating power plants),

To replace natural gas as far as technically possible by other sources of energy and to lower the flow temperature for feeding into the district heating network (§ 22);

9.

Calls to district heat buyers on the use of district heating (§ 22).

The provisions of Z 1 and 3 shall not apply to power stations used for the provision of system services and for the coverage of performance peaks within control zones where the use of such services exceeds the control zones of such systems. Power stations for the purposes of crisis management are not sufficiently guaranteed to provide system services and to cover peak performance levels in the relevant regulatory area.

Preparation, implementation and coordination of management measures

§ 15. (1) The preparation and coordination of the steering measures to be carried out in the case of the event in the control zones situated in Austria will be transferred to E-Control (§ 5 of the Energy Control Act-E-ControlG, BGBl. I No 110/2010). The operational implementation of the measures of the regulations in accordance with § § 16 to 20 on the basis of the criteria to be defined in the steering regulations is the responsibility of the control zone leaders, with the involvement of the network operators, balance group coordinators, Balance group leaders and electricity traders who are voting to secure the nationwide approach.

(2) E-Control shall carry out a monitoring of security of supply in the electricity sector in order to prepare the steering measures referred to in paragraph 1. The Federal Law Gazette of 2010-ElWOG 2010, Federal Law Gazette of Electricity and Industry (BGBl). I No 110/2010, designated balance group coordinators, balance-sheet groups responsible, feed-in, electricity company, network operator and regulatory zone guide have to participate in this process. This monitoring shall in particular

1.

the relationship between supply and demand on the domestic market;

2.

the expected development of demand and the available supply;

3.

additional capacity in planning and under construction;

4.

the quality and scope of the netting;

5.

measures for the operation of demand peaks and for the management of failures of one or more suppliers; and

6.

the availability of electricity generation plants and networks.

(3) E-Control is authorized to:

1.

on the preparation of the steering measures to ensure the supply of electricity (para. 1) and

2.

on the implementation of a monitoring of security of supply in the electricity sector (paragraph 2)

To order the notification of historical, current and forward-looking data at periodic intervals, even if the requirements of § 4 (1) are not available. The reporting requirements can be extended in the event of a bottleneck, which is to be described in more detail in the regulation, as well as if the requirements of § 4 (1) are available.

(4) Data with regard to which notifications may be ordered pursuant to paragraph 3 are:

1.

information on the application, supply, consumption, import and export of electrical energy, as well as the type, quantity and storage levels of the primary energy sources used;

2.

technical indicators of the control and production facilities.

(5) In the case of the arrangement of the messages referred to in paragraph 3, a breakdown by purpose, economic activities, network operators and federal states may be imposed. In addition, data from end-users with an average monthly consumption of more than 500,000 kWh in the last calendar year (§ 16) can also be collected monthly and individually.

(6) In the case of e-control, a person responsible for the collection and transmission of data shall be notified of the e-control. Control zone guides, network operators, producers and consumers as referred to in the last sentence of paragraph 5 have those persons who are responsible for the implementation of management measures to be notified of the E-Control.

(7) The results of the monitoring activities referred to in paragraph 2 may be used for the purposes of long-term planning as well as for the preparation of a report in accordance with § 28 (3) of the E-ControlG.

(8) Data which are collected on the basis of § 27 of this Federal Act and § 92 ElWOG 2010 and data available to the rule zone guide in the context of congestion management may be used for the preparation and coordination of Steering measures to ensure the security of electricity supply.

(9) From the data collected in accordance with paragraphs 3, 6 and 8, the E-Control has to provide the control zone leaders and the state main men with the data necessary for the preparation and the operational implementation.

(10) The reporting system for data which must be reported exclusively in the event of a bottleneck can be checked at least once a year at the request of E-Control.

(11) From the E-Control, every two years exercises can be arranged under the assumption of crisis scenarios.

Instructions to market participants

§ 16. Regulations pursuant to § 14 Z 1 shall provide for the issuing of those instructions to producers, network operators, balance-group coordinators, balance-sheet groups responsible and electricity traders for the production, transmission, distribution and trade, which shall be responsible for To ensure the supply of electrical energy is necessary.

Distribution according to the degree of urgency

§ 17. Regulations pursuant to Section 14 (2) (2) shall provide for the supply of available electrical energy to be supplied to the final consumer according to the degree of urgency. In particular, it can be determined that end-users can be temporarily excluded from the supply of supplies or restricted in the latter without any further procedures. Where necessary, E-Control may be authorised to subject end users with an average monthly consumption of more than 500 000 kWh over the last 12 months to a separate scheme.

Import and Export

§ 18. Regulations pursuant to § 14 Z 3 have to be taken into account on the Austrian electricity supply situation as well as on obligations within the meaning of section 4 (2).

Operating mode and emission limit values

§ 19. Regulations pursuant to § 14 Z 4 shall be issued only in so far as this is necessary to ensure the supply of electrical energy. The prevention of hazardous loads on the environment is to be taken into account. Conflicting rules shall not apply for the duration of the validity of these Regulations.

Renewable energy

§ 20. Regulations in accordance with § 14 Z 5 may provide for a different regulation in relation to the provisions of other legislation concerning renewable energies, insofar as this is necessary to ensure the supply of electrical energy.

Supply in the Federal States

§ 21. (1) Regulations pursuant to § 14 Z 6 and Z 7 shall take into account the energy supply in the individual countries.

(2) The performance of steering measures with regard to the regional consumption quotas according to § 14 Z 7 as well as the omission of regulations pursuant to § 14 Z 6 in the federal states is the responsibility of the Governor of the State. In order to carry out the measures, the Governor of the State may commission the rule zone leader named in the country, as well as network operators active in the country, balance sheet group coordinators, balance sheet group managers and electricity traders.

(3) When carrying out steering measures within the framework of the national consumption quota in accordance with § 14 Z 7, the Governor of the State shall be bound by the uniform distribution regime, unless the situation of the supply of electrical energy is not shows that a derogation from the federal system will not lead to any risk that the savings target in the country will be exceeded. If the savings target in the country is not reached, the E-Control may adopt the necessary measures with binding effect for the federal state concerned.

(4) The regulation of the supply of available electrical energy to final consumers in the Federal States shall be carried out according to the degree of urgency. In particular, end-users may be temporarily excluded from the delivery or restricted in the latter without any further procedures.

(5) By regulation of the Regional Governor, regionally circumscribed areas can be excluded or shut down from the current connection. Consideration shall be given to measures taken pursuant to a Regulation in accordance with § 17.

Taking care of the district heating supply

§ 22. Regulations pursuant to § 14 Z 8 and Z 9 shall have the granting of those instructions or dispositions to district heating companies or Calls to be made to district heat consumers, which are necessary to ensure the supply of electrical energy and the provision of heat to the private households.

Multi-consumption charges

§ 23. (1) For the electrical energy used for the contrary to restrictions on the consumption of electricity, additional consumption fees shall be charged at the electricity price.

(2) More detailed rules on payment methods, the type of determination of the level of the multi-consumption fees and the operational management are to be determined by regulation of the E-Control.

(3) The allocation of the increased additional consumption fees shall be based on a key to be defined by the E-Control on the electricity undertakings concerned to cover the costs of the management measures for the security of electricity supply ,

(4) In order to avoid economic and social hardship, the Governor of the State may, within two weeks after the application of the application for additional charges, apply the application of the additional consumption fees.

(5) In order to avoid economic hardship, the final consumer, which is subject to a separate regulation under Article 17 of a separate regulation, can apply for a request to be submitted within two weeks after the introduction of the additional consumption fees. the multiple-use fees shall be replaced by a communication.

General conditions

§ 24. (1) The regulations and measures on the basis of § § 16 to 22 as well as the regulation of the additional consumption fees (§ 23) shall be considered as part of the General Terms and Conditions and the Power Supply Contracts.

(2) If a contract cannot be fulfilled or is not fulfilled due to measures taken pursuant to sections 16 to 22 of this Agreement, no claims for damages shall be incurred against the debtor. The provisions of the Official Liability Act, BGBl. No 20/1949, shall not be affected by this.

Exchange of information

§ 25. To the extent that it is necessary to ensure the supply of electricity, producers, control zone guides, network operators, balance group coordinators, balance-group managers and customers for the purpose of providing information to the E-Control and in the latter Effective area to the provincial governor. The E-Control and the Landeshauptmänner are authorized to process and transmit data within the meaning of the Data Protection Act insofar as this is an essential condition for ensuring the supply of electricity in its sphere of activity. is formed.

Part 4

Steering measures to secure the supply of natural gas

Pre-writing and implementation of steering measures for natural gas

§ 26. (1) The Federal Minister for Economic Affairs, Family and Youth may, if the conditions of § 4 (1) apply, in accordance with the provisions of section 4 (2) to (4) by regulation the following steering measures to ensure the supply of natural gas :

1.

Issue of instructions to natural gas companies within the meaning of Section 7 (1) Z 16 of the Gas Economic Act 2011-GWG 2011, BGBl. I n ° 107/2011, distribution area manager, market area manager, virtual trading point operator, accounting group responsible, balance sheet group coordinators and producers of production, transmission, distribution, storage and Trade in natural gas (§ 28);

2.

Calls and dispositions to end users concerning the allocation, withdrawal and use of natural gas and the exclusion from the removal of natural gas (§ 29);

3.

Rules on the supply of natural gas to and from EU Member States and third countries (§ 30);

4.

rules on the mode of operation and the setting of deviations from emission limit values for large-scale purchasers, which, on the basis of arrangements in accordance with Z 2, substitute for natural gas consumption by another energy source (§ 31);

5.

Issue of instructions or dispositions

a)

to producers who operate combined heat and power systems with a bottleneck performance of at least 50 MW (thermal) or an annual heat output of at least 300 GWh; and

b)

to district heating companies with a total heat transfer capacity of at least 50 MW (thermal) or an annual heat output of at least 300 GWh (heating power plants),

To replace natural gas as far as technically possible by other sources of energy and to lower the flow temperature for feeding into the district heating network (§ 32);

6.

Calls to district heat buyers on the use of district heating (§ 32).

(2) The Federal Minister for Economic Affairs, Family and Youth is the competent authority in accordance with Article 3 (2) of Regulation (EU) No 994/2010.

Preparation, implementation and coordination of management measures

§ 27. (1) The preparation and coordination of the steering measures to be carried out in the event of a starting point in the distribution areas situated in Austria will be transferred to E-Control. This includes in particular the cooperation in the preparation of a prevention and emergency plan in accordance with Art. 4 and Article 5 of Regulation (EU) No 994/2010 as well as the risk assessment in accordance with Article 9 of Regulation (EU) No 994/2010. The operational implementation of the measures of the Regulations in accordance with Articles 28 and 32 of the Regulations on the basis of the criteria to be laid down in the steering regulations is the responsibility of the distribution area managers and the market area managers, with the involvement of the natural gas undertakings, including the accounting group responsible, balance sheet group coordinators and producers.

(2) The E-Control shall carry out a monitoring of the security of supply in the natural gas sector in order to prepare the steering measures in accordance with paragraph 1. The distribution area managers designated pursuant to § 17 GWG 2011 as well as the market area managers designated pursuant to § 13 of the GWG 2011 have to participate in this process. This monitoring shall in particular

1.

the relationship between supply and demand on the domestic market;

2.

the expected development of demand and the available supply;

3.

additional capacity in planning and under construction;

4.

the quality and scope of the netting;

5.

measures for the operation of demand peaks and for the management of failures of one or more suppliers; and

6.

the availability of natural gas sources (production, storage, import) and networks.

(3) E-Control is authorized to:

1.

on the preparation of the steering measures to ensure the supply of natural gas (para. 1) and

2.

on the implementation of monitoring of security of supply in the natural gas sector (paragraph 2)

To order the notification of historical, current and forward-looking data at periodic intervals, even if the requirements of § 4 (1) are not available. The reporting requirements can be extended in the event of a bottleneck, which is to be described in more detail in the regulation, as well as if the requirements of § 4 (1) are available.

(4) Data with regard to which notifications may be ordered pursuant to paragraph 3 are:

1.

information on the performance, capacity, consumption, import and export, including transit, as well as available quantities and services from production and storage;

2.

technical indicators of the natural gas control, production and storage facilities;

3.

data in accordance with Art. 13 of Regulation (EU) No 994/2010;

4.

information on the capacity of the district heating system, the capacity to be delivered, and the primary energy sources used for the production of district heating;

5.

technical indicators of systems for district heating generation and transmission.

(5) In the case of the arrangement of the messages referred to in paragraph 3, a breakdown by purpose, economic activities, network operators and federal states may be imposed. In addition, data from end-users with a contractually agreed consumption of more than 50 000 kWh/h (§ 29) can also be collected monthly and individually.

(6) In the case of e-control, a person responsible for the collection and transmission of data shall be notified of the e-control. Natural gas undertakings as well as end users as set out in the last sentence of paragraph 5 shall indicate to those persons who are responsible for the implementation of management measures within the company of E-Control.

(7) The results of the monitoring activities referred to in paragraph 2 may be used for the purposes of long-term planning as well as for the preparation of a report in accordance with § 29 (3) E-ControlG.

(8) Data collected on the basis of § 15 of this Federal Law and Section 147 of the GWG 2011 and data available to the distribution area manager in the context of congestion management may be used for the preparation and coordination of Steering measures to secure the supply of natural gas are used.

(9) From the data collected in accordance with paragraphs 3, 6 and 8, E-Control shall make available to the distribution area managers and to the market area managers the data necessary for the preparation and the operational implementation.

(10) The reporting system for data which must be reported exclusively in the event of a bottleneck can be checked at least once a year at the request of E-Control.

(11) From the E-Control, every two years exercises can be arranged under the assumption of crisis scenarios.

Instructions to market participants

§ 28. Regulations pursuant to Section 26 (1) (1) (1) shall have the issuing of those instructions to natural gas companies, including distribution area managers, producers, balance sheet group coordinators, balance sheet group coordinators, market area managers and operators of the virtual Trade point for production, transport, transmission, distribution, storage and trade, which are necessary to ensure the supply of natural gas.

Distribution according to the degree of urgency

§ 29. Regulations pursuant to Article 26 (1) (2) have to provide that the supply of available natural gas to the final consumer shall be based on the degree of urgency, substitutability by other sources of energy and the extent of the economic Effects taking into account the provision of gas supplies to protected customers in accordance with Regulation (EU) No 994/2010 as well as the heat supply to private households. In particular, it may be determined that end users, with the exception of the protected customers, are temporarily excluded from the supply without any further procedures or that end users can be restricted in the delivery. Where necessary, E-Control may be authorised to subject end users with a contractually agreed consumption of more than 50 000 kWh/h to a separate scheme.

Import and Export

§ 30. Regulations pursuant to Section 26 (1) (3) have to be taken into account in the Austrian gas supply situation as well as on obligations within the meaning of section 4 (2).

Operating mode and emission limit values

§ 31. Regulations pursuant to Section 26 (1) (4) are to be issued only in so far as this is necessary to ensure the supply of natural gas. The prevention of hazardous loads on the environment is to be taken into account. Conflicting rules shall not apply for the duration of the validity of these Regulations.

Taking care of the district heating supply

§ 32. Regulations pursuant to § 26 (1) (5) and (6) (6) have the granting of those instructions or dispositions to district heating companies and/or Calls for distance heat consumers to be made necessary to ensure the supply of natural gas and the supply of heat to private households.

Multi-consumption natural gas

§ 33. (1) In the case of natural gas used for the contrary to restrictions on the consumption of natural gas, additional charges for the price of natural gas shall be charged for the price of natural gas.

(2) Further provisions on payment modalities, the type of determination of the level of the multi-consumption fees and the operational management shall be determined by regulation of the E-Control.

(3) The allocation of the increased additional consumption fees shall be made in accordance with a key to be defined by the E-Control on the participating natural gas undertakings to cover the costs of the management measures to ensure the security of natural gas supply.

(4) In order to avoid economic and social hardship, the Governor of the State may, within two weeks after the application of the application for additional charges, apply the application of the additional consumption fees.

(5) In order to avoid economic hardship, the final consumer, which is subject to a separate regulation under Section 28 of a separate regulation, can apply for an application to be submitted within two weeks after the introduction of the additional consumption fees. the multiple-use fees shall be replaced by a communication.

General conditions

§ 34. (1) The regulations and measures on the basis of § § 28 to 32 as well as the regulation of the additional consumption fees (§ 33) shall be considered as part of the General Terms and Conditions and the Gas Supply Contracts.

(2) If a contract cannot be fulfilled or is not fulfilled due to measures taken pursuant to sections 28 to 32 of this Agreement, no claims for damages shall be incurred against the debtor. The provisions of the Official Liability Act are not affected by this.

Exchange of information

§ 35. To the extent necessary to ensure the supply of natural gas, natural gas undertakings, including distribution area managers, producers, accounting group coordinators, balance sheet group coordinators, market area managers, operators of the virtual system Trading point and customer for the exchange of information to the E-Control and in its scope to the Landeshauptmann obligated. In this respect, the E-Control and the Landeshauptmänner are authorized to process and transmit data within the meaning of the Data Protection Act, as this constitutes an essential condition for ensuring the supply of natural gas.

Part 5

Energy Advisory Council

Tasks and composition

§ 36. (1) In order to advise the Federal Minister for Economic Affairs, Family and Youth as well as on the preparation and evaluation of measures pursuant to § 7, § 14 and § 26, an advisory council shall be established with the Federal Minister for Economic Affairs, Family and Youth. (Energy Advisory Council), which is to be consulted, in particular, before the release of regulations under this federal law. The hearing of the Advisory Council may be omitted if there is a risk of default. The Advisory Council shall, however, be subsequently referred to the matter without delay. In the case of steering measures in the electricity or natural gas sector, the E-Control, in any case, is to be heard in its sphere of action by the regional governor.

(2) The Advisory Board shall be members of the Advisory Board:

1.

Three representatives of the Federal Ministry for Economic Affairs, Family and Youth, a representative of the Federal Chancellery, the Federal Ministries for European and International Affairs, for Finance, for Home Affairs, for National Defence and Sport, for agriculture, forestry, the environment and water management and transport, innovation and technology;

2.

two representatives of the Austrian Chamber of Commerce, the Chamber of Agriculture of Austria, the Federal Chamber of Labour, the Austrian Trade Union Confederation and the Federation of Industrialists;

3.

a representative of E-Control;

4.

a representative of each of the countries;

5.

A person skilled in the art in the field of petroleum industry, energy trade and gas and heat supply;

6.

a representative of Austria's E-Economic;

7.

a representative of the parties represented in the Main Committee of the National Council.

(3) The members of the Advisory Board shall be appointed by the Federal Minister for Economic Affairs, Family and Youth. The members referred to in paragraphs 2, 4, 6 and 7 shall be ordered on a proposal from the sending body, the members referred to in paragraph 2 (2) of the second subparagraph shall be ordered on a proposal from the Austrian Economic Chamber.

(4) The Federal Minister for Economic Affairs, the Family and Youth, who can be represented by a staff member of his Ministry, shall be chaired by the Advisory Council.

(5) For the decision-making capacity of the Advisory Board in matters of this Federal Law, the duly completed invitation of all members of the Advisory Board and the presence of at least one third of the members is required. If at the start of a meeting the required number of Members is not present, Members shall reconvene one hour after the date stated in the invitation, and the agenda shall be without regard to the number of members present. To treat members.

(6) The Advisory Council shall adopt its Rules of Procedure by a simple majority. The Rules of Procedure shall govern the activities of the Advisory Committee as appropriate. It requires the approval of the Federal Minister for Economic Affairs, Family and Youth.

Confidentiality of Obligations

§ 37. The members of the Advisory Board may, during the period of their order and also after the date of their appointment, any official, commercial or industrial secrecy and any data entrusted to them in this property or accessible to them. Do not reveal or exploit the function. They are, in so far as they are not official representatives, obliged by the Federal Minister for Economic Affairs, Family and Youth to fulfil their obligations in a conscientious manner.

Councils

§ 38. (1) In order to advise the Governor of the Land (Section 21 (2)), an Advisory Board shall be established in the case of the Governor. They have to be included as members:

1.

a representative of the Chamber of Industry, the Chamber of Agriculture, the Chamber of Workers and Employees, and the Austrian Trade Union Confederation;

2.

a maximum of ten experts from the field of energy in the country concerned;

3.

two staff members of the Office of the State Government.

(2) The members of the Advisory Board shall be appointed by the Governor of the Land. The members referred to in paragraph 1 (1) (1) shall be ordered on the basis of a proposal from the sending body. The composition and its changes are to be communicated to the Federal Minister for Economic Affairs, Family and Youth.

(3) The regulations on the chairmanship of the Advisory Board shall be the Landeshauptmann. In addition, § 36 (5) and (6) and § 37 shall apply mutatily.

Part 6

Criminal provisions

General criminal provisions

§ 39. (1) If the offence does not constitute the offence of a criminal offence within the jurisdiction of the courts, an administrative surrender shall be carried out and shall be punished by the district administrative authority.

1.

with a fine of up to 72 660 euros, who

a)

Bids and prohibitions of regulations issued in accordance with § § 7, 14 and 26, or of the orders issued pursuant to these regulations, shall not be followed unless the act is punishable by Z 2 or Z 3;

b)

the carrying out of bids or prohibitions in accordance with lit. a makes it difficult or impossible;

2.

with a fine of up to EUR 2 180, who

a)

a regulation on a prohibition of use (§ 10 (1) (1)) or (§ 10 (4)) adopted pursuant to § 7, an exception to the prohibition against falsely claimed or by incorrect information is made difficult;

b)

Regulations on reporting obligations (§ 11 para. 1, § 15 para. 2 and § 27 para. 2) are contrary or information pursuant to § 11 para. 2 and 3, § 25 and § 35 not or not in time, inaccurate or incompletely reimbursed;

c)

Contrary to the obligation to tolerate the verifications and inspection pursuant to Section 11 (2) and (3);

3.

with a fine of up to 726 euros, who exceeds a maximum speed of 30 km/h (§ 10 para. 1 Z 2) prescribed in accordance with § 7.

(2) In the cases referred to in paragraph 1 Z 1, the attempt shall be punishable.

(3) In the case of the assessment of the penalty, in the cases referred to in paragraph 1 (1), the impairment of the security of energy supply or of the supply of raw materials caused by a criminal act must be taken into consideration (Section 7 (4)). In the event of a fine, a substitute custodial sentence shall be fixed, in the cases of paragraph 1 Z 1 to six weeks, otherwise up to two weeks shall be fixed.

(4) In the case of intentionally committed administrative transgressions in accordance with paragraph 1, the energy carriers forming the subject of the offence, which belong to the perpetrator or a participant, may be declared forfeited. However, the value of the energy sources declared to be expired must not be in a disproportion to the seriousness of the offence.

Multi-consumption

§ 40. (1) In accordance with § 39, the criminal act is justified by the fact that the offender is contrary to the prescribed restrictions on the use of electricity and/or electricity. Natural gas consumption consumes energy, it shall not be punished if it is subject to a multi-consumption fee in accordance with § 23 or § 33 paid.

(2) Without prejudice to a punishment pursuant to § 39 or the payment of a multi-consumption fee in accordance with § § 23 or 33, the competent authority in accordance with § § 15 or 27 may have a power or electricity supply. Natural gas consumer according to the extent of the inadmissible surplus of electricity or electricity. Exclude natural gas.

Participation of the Federal Police

§ 41. The organs of the guard body federal police have as auxiliary bodies of the district administrative authorities on the enforcement of § 39 paragraph 1 Z 2 lit. a and Z 3 by

1.

Preventive measures against imminent administrative transgressions;

2.

measures necessary for the initiation or implementation of administrative criminal proceedings;

3.

Application of physical compulsion to the extent that it is provided for by law,

be involved.

Part 7

Transitional and final provisions

entry into force

§ 42. (1) (constitutional provision) § 1 shall enter into force with the day following the customer's presentation. At the same time, species I des Energielenkungsgesetz 1982, BGBl. No. 545/1982, most recently in the version of the Federal Law BGBl. I No 50/2012, except for force.

(2) This federal law shall enter into force, with the exception of § 1, with the day following the customer's notice. At the same time, species II of the Energy Law Act 1982, BGBl. No. 545/1982, most recently in the version of the Federal Law BGBl. I No 50/2012, except for force.

Enforcement

§ 43. With the enforcement of this federal law are entrusted:

1.

(constitutional provision) With regard to § 1 and § 42 (1) the Federal Government;

2.

as regards Section 3 (1), the Federal Government or the Federal Minister of Finance, in accordance with their responsibility;

3.

in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, § 7 (2) Z 5, § 12, § 14 Z 4, § 19, § 26 (1) Z 4 and § 31 of the Federal Minister for Economic Affairs, Family and Youth;

4.

as regards the last sentence of Section 7 (2), Section 13 (2) and Section 24 of the Federal Minister of Justice;

5.

as regards Section 9 (1), second sentence, of the Federal Minister for Economic Affairs, the Family and Youth, in agreement with the Federal Minister for Transport, Innovation and Technology;

6.

as regards Section 10 (5) of the Federal Minister for Economic Affairs, the Family and Youth, in agreement with the Federal Ministers for Defence and Sport, as well as for transport, innovation and technology, and in accordance with these provisions, also with the Federal Minister for Agriculture, Forestry, Environment and Water Management;

7.

in respect of Section 13 (3), in accordance with the responsibility of the Federal Minister for Economic Affairs, the Family and Youth, and the Federal Minister for Justice;

8.

with regard to Section 41 of the Federal Minister of the Interior;

9.

the Federal Minister for Economic Affairs, the Family and Youth.

Fischer

Faymann