Power Steering Law 2012 - Enlg 2012

Original Language Title: Energielenkungsgesetz 2012 – EnLG 2012

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_41/BGBLA_2013_I_41.html

41. Federal Act on control measures for the security of energy supply (power steering law 2012 - EnLG 2012)

The National Council has decided:

Table of contents


Part 1 principles of section 1.
Constitutional provision § 2.
Referring to Union law § 3.
General provisions § 4.
Application of control measures article 5.
Issuing of steering measures § 6.
Disclosure of information part 2 control measures for solid and liquid fuels § 7.
Notices of payment due and execution of control measures for energy sources section 8.
Seizure rights § 9, access and disposition.
Regulations to the production and to the use of section 10.
Section 11 traffic restrictions.
Reporting requirements of § 12.
Change the requirements for the composition of energy sources section 13.
Replacement of assets disadvantages part 3 Steering measures to secure the electricity supply § 14.
Notices of payment due and implementation of control measures for electricity section 15.
Preparation, implementation and coordination of control measures section 16.
Instructions to market participants article 17.
Distribution according to the degree of urgency of article 18.
Import and export section 19.
Operating conditions and emission limit values article 20.
Renewable energy article 21.
Supply in the provinces section 22.
Consideration on the district heating supply section 23.
Extra consumption fees current section 24.
General conditions of article 25.
Disclosure part 4 control measures for security of natural gas supply section 26.
Notices of payment due and implementation of control measures for natural gas section 27.
Preparation, implementation and coordination of control measures article 28.
Instructions to market participants section 29.
Distribution according to the degree of urgency of section 30.
Import and export section 31.
Operating conditions and emission limit values § 32.
Consideration on the district heating supply section 33.
Extra consumption fees gas § 34.
General conditions section 35.
Disclosure part 5 energy Steering Committee section 36.
Tasks and composition section 37.
Confidentiality section 38.
Regional advisory committees part 6 penal provisions article 39.
General Penal provisions article 40.
Consumption section 41.
Participation of the Federal Police part 7 transitional and final provisions § 42.
Entry into force of section 43.
Enforcement part 1

Principles

Constitutional provision

§ 1.(Verfassungsbestimmung) the issuing, suspension, and enforcement of regulations, as they contain in this federal law are, are also in federal areas, for which the Federal Constitution Act, Federal Law Gazette No. 1/1930 (B-VG), provides for something else. The matters regulated in those rules may - without prejudice to the position of the Governor pursuant to article 102 para 1 of the B-VG - in accordance with § 7 paragraph 6 institutions of legal advocacy organizations in the borne area of effect and directly provided by E-control, the rule zone leaders, the market area managers and the distribution area managers.

Reference to European Union law

§ 2. By this law are



1. the directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, OJ No. L 211 of August 14, 2009 p. 55, and 2. the directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, OJ No. L 211 of August 14, 2009 implemented S. 94, as well as in the Regulation (EU) No. 994/2010 on measures to ensure of security of gas supply and repealing Directive 2004/67/EC of the Council, OJ No. L 295 of the 12 November 2010 p. 1, provisions reserved for the implementation by the Member States carried.

General terms and conditions

§ 3 (1) writings and official acts in the proceedings under this Act are exempt from the stamp - and legal fees, the Federal Administration fees and the Court and justice administration fees.

(2) as far as this federal law are personal names only in the male form, they relate to women and men in the same way. When applied to certain persons, the respective gender-specific form is to use.

(3) I apply the definitions of electricity economic and Organization Act 2010 (ElWOG 2010), Federal Law Gazette No. 110/2010, of the 2011 gas Management Act, Federal Law Gazette I no. 107/2011, and of the petroleum stockpiling law 2012, Federal Law Gazette I no. 78/2012, in its up-to-date version.

Application of control measures

4. (1) control measures under this Federal Act can



1 to stave off an imminent problem or to resolve disruption of energy supply of in Austria, have already occurred if these errors a) represent a seasonal shortage phenomenon or b) through market-based measures do not, in a timely manner or can be averted only with disproportionate means or fixed, or 2. where it is necessary for the fulfilment of international commitments to the enactment of emergency measures on the basis of decisions of organs of international organizations , be taken.

(2) control measures have aimed



1. in the case of paragraph 1 Z 1 covering the vital requirement of energy including that for purposes of the military defense of the country, maintaining a uninterrupted production of goods and services and the supply of the population and other agencies to ensure 2. in the case of paragraph 1 Z 2 the fulfilment of international commitments to the enactment of emergency measures on the basis of decisions of bodies of international organisations to allow.

(3) Steering measures can be taken individually or combined in their entirety, with each other regardless of whether an in paragraph 1 Z 1 called disruption affects only parts of the national territory or only certain sectors of the energy supply. One encounters 1 called error in paragraph 1 Z only parts of the Federal territory, control measures can be restricted to parts of the national territory.

(4) control measures may be taken only to such an extent and for such a period as it is absolutely necessary to avert or eliminating the malfunction or the fulfilment of international commitments to the enactment of emergency measures on the basis of decisions of organs of international organizations. In the inviolability of property and the freedom of economic activity may only intervene if the objectives referred to in paragraph 2 can be achieved unless otherwise.

Adoption of control measures

Control measures are § 5 (1) by regulation of the Federal Minister for Economics, to provide for family and youth. Such regulations, insofar as they have not only partial or full lifting of control measures to the subject, require the consent of the main Committee of the National Council. The regulations have separated anyway, each for control measures for energy sources, to be issued to security of electricity supply, as well as to the security of natural gas supply. Control measures on the energy supply situation in other areas have each carefully take and if necessary cross-energy measures can be implemented.

(2) in the case of danger in delay, there are regulations requiring the approval of the main Committee of the National Council to adopt at the same time with the application for the approval of the Central Committee of the National Council. Regulations, issuing not preceded approval of the main Committee of the National Council are to repeal without delay if the main Committee of the National Council or not agrees its enactment within the week following the receipt of the request.

(3) control measures may be taken only for the duration of six months. In the case of disruption of energy supply has already occurred, an extension is possible up to six months with the approval of the Central Committee of the National Council. After elimination of the circumstances justifying them are the regulations immediately to repeal.

(4) Regulations under the provisions of this Federal Act are, unless they are issued by the Federal Ministry of economy, family and youth, in the Federal Law Gazette, unless they adopted by the country's main men are in the respective national law journal to be published and enter into force with its by-laws, if not a later date for the entry into force is determined. A proclamation in the Gazette or in the national law journal is not or not timely possible, is the regulation in other ways - notably by broadcasting or publishing other acoustic means or publication in one or more periodic media works, the ads published in daily newspapers - in particular, as well as to make available on the Internet.

(5) the Federal Ministry of economy, family and youth has the National Council for the first time within three months from the taking of control measures, to report on the Steering measures subsequently at intervals of two months.

Disclosure of data

6. (1) data and information transmitted by the executive bodies on the basis of the provisions of this Federal Act may be used only for the purposes mentioned in this Act.


(2) the institutions responsible in accordance with § 7 paragraph 6, section 14 and article 26 with the preparation and implementation of control measures are as far as to the processing and transmission of data within the meaning of the data protection Act 2000, Federal Law Gazette I no. 165/1999, authorized, as this is an essential prerequisite for the fulfilment of the tasks entrusted to them.

(3) without prejudice to any other reporting and disclosure requirements under this Federal Act, the transmission of data on those matters to the allocation of each managed energy carrier is tied including data about the identity of the rightful claimant, is allowed at the bodies entrusted with the implementation of control measures.

(4) business or trade secrets of the company affected by control measures, which have become known to the institutions responsible for the implementation of control measures, if at all possible to maintain and may not be disclosed.

Part 2

Control measures for solid and liquid fuels

Notices of payment due and implementation of control measures for energy

Energy sources can be subjected to control measures, are § 7 (1):



1. petroleum and petroleum products;

2. other liquid fuels and fuels, except operationally accumulating waste materials;

3. solid fossil fuels.

(2) the Minister may, provide if meet the requirements of § 4 para 1, following control measures for energy sources for economy, family and youth according to the provisions of § 4 para 2 to paragraph 4 by regulation:



1. disposition, access and seizure rights for energy sources (§ 8);

2. rules concerning the production, transport, storage, distribution, dispensing, the reference, the restriction of imports and commitment to exports of energy carriers (section 9);

3. restrictions of traffic (section 10);

4. reporting requirements (section 11);

5. change the requirements for the composition of energy sources (§ 12).

With carrying out of measures on energy sources after no. 1, all of them existing rights in rem shall expire, insofar as these are not compatible with the purpose of the implementation of the measures.

(3) energy sources, to ensure the public energy supply are kept in stock and intended not for delivery to third parties, be reserved for this purpose.

(4) the energy carrier referred to in paragraph 1 may undergo control measures even under this Federal Act, when they are used as a raw material.

(5) energy sources, determined not to submit to third parties are and for purposes which military defence are kept in stock or which are in the ownership or possession of a final consumer and serve to cover his personal needs or the needs of the members of his household, as well as energy carriers, which serve to cover the own operating requirements, no. 1 or no. 2 may be subjected to any measures referred to in paragraph 2.

(6) the implementation of the regulations adopted pursuant to subsection 2 is, if not the Minister for economy, family and youth is in charge, the authorities of the General State administration and the municipalities in the borne area of effect. The tasks that are to carry out by the various authorities are in the regulations made pursuant to paragraph 2, taking into consideration the practicality, simplicity, quickness, to determine cost savings and effectiveness of implementation. The Federal Minister of economy, family and youth can also attract institutions of legal advocacy organizations in the borne area of effect if deemed suited to the faster implementation of the regulations.

Seizure rights, access, and disposition

§ 8. Measures pursuant to § 7 para 2 subpara 1 have to refer first to the compulsory emergency reserves of energy sources formed under other legislation. If it proves to be essential, they can include also the means of transport, storage and distribution facilities for energy sources.

Rules on the production and use

§ 9 (1) regulations made pursuant to section 7 para 2 No. 2 may in particular provide that energy limited time, locally or in quantity, for urgent supply purposes only or for the fulfilment of international commitments may be made, purchased and used. The regulations require, so far as they relate to the transport of energy sources, to their respect of the relation with the Federal Ministry of transport, innovation and technology.

(2) in particular, the application of solid fossil fuels from abroad may be limited to one or more companies and provisions it can be taken, physical and legal persons must comply with what conditions arising from the objective referred to in section 4, paragraph 2, in order to be included in such endeavors. In addition, can be appointed to whom, in what way and in what quantities to give the mentioned fuels have such endeavors.

(3) in these regulations, instructions to owners of transport, storage and distribution facilities can be provided for energy sources.

Traffic restrictions

§ 10 (1) in regulations made pursuant to section 7 subsection 2 may be prohibited Z 3:



1. the use of all or certain types of motor vehicles, as well as water and air vehicles propelled by mechanical means, for certain periods, in the whole Federal territory or in parts of the national territory;

2. exceeding specific speed limits for all or certain types of motor vehicles on all or certain types of roads, as well as for all or certain types of vessels with machine drive on all or certain types of waters.

3. the use of the vehicles referred to in no. 1 and no. 2 for specific purposes or events.

(2) as far as it is a significant economic, social, cultural or other public interest requires, in such regulations exceptions in general or to a certain extent all the time or be admitted temporarily.

(3) on request exceptions can be granted by ruling Z 1 imposed restrictions in individual cases, permanently or temporarily, for the entire Federal territory or for certain areas of the referred to in paragraph 1, if such an exception in particular interest of Austrian Economics is located, or if there is a substantial economic, professional or social interest of the applicant.

(4) in regulations made pursuant to paragraph 1 may be vehicle papers are to be marked or other labelling to make is to ensure observance of restrictions or the existence of an exception under paragraph 2 or 3 to consider ways in which also determines. As well, it can be determined how the reasons for granting an exception pursuant to paragraph 3 are credible to make.

(5) regulations made pursuant to paragraphs 1, 2 and 4 require to their enactment of the relation with the Federal Ministers for transport, innovation and technology and national defence and sports, insofar as they impose traffic restrictions from those in the agriculture, forestry and food sector used vehicles are affected, also of the agreement with the Federal Minister of agriculture and forestry, environment and water management.

Reporting requirements

§ 11 (1) in regulations made pursuant to section 7 subsection 2 Z 4 can edit enterprises, which produce energy, process, consume, store, store for yourself or others or trade, be obliged to grant operating conditions messages about the need for, the creation, editing and processing, consumption, to reimburse the supply and disposal, as well as the inventory as well as the information necessary for the execution of this Federal Act.

(2) the Federal Minister for economy, family and youth can check messages to be issued pursuant to par. 1 and information and determine if the notifying parties the messages despite the explicit request not timely issued, these on the spot at the expense of the reportable. This purpose he may use the authorities of the General State administration or part legitimate institutions.

(3) access to the premises and warehouses and the inspection of those areas of operation and records of energy sources is the control bodies at any time grant, knowledge of which is essential for the implementation of control measures. The information necessary for the review are to provide them.

Change the requirements for the composition of energy sources

§ 12 regulations made pursuant to section 7 subsection 2 are Z 5 in consultation with the Federal Minister of agriculture and forestry, environment and water management, and only as far as to adopt, than to maintain the supply of energy sources is required. On avoiding dangerous stresses on the environment is carefully. Conditions prevail over regulations are not applicable for the duration of the validity of these regulations.

Replacement of assets disadvantages

Section 13 (1) for financial disadvantages arising from measures on the basis of section 7 paragraph 2 No. 1 and no. 2 is to provide a financial compensation. On the compensation is at the request of the Federal Minister for Economics to discuss family and youth by decision. This notification is to be issued within eight weeks after application.


(2) within three months after the notification of the decision referred to in paragraph 1, the fixing of compensation may be requested by the Court. The competent for the required amount of surrogate Court in whose jurisdiction of the applicant, unless the applicant is a legal entity or a partnership of corporate law, this established resident is responsible. The applicant has no domicile or seat in Germany, so the Court for the required amount of replacement is responsible, in whose jurisdiction the action is been used. The procedure depends on the provisions regarding the judicial proceedings in civil litigation (Civil Procedure Act), whereby the provisions of the railway expropriation Compensation Act EisbEG, Federal Law Gazette No. 71/1954 Federal Law Gazette I apply by analogy to no. 111/2012, of the judicial determination of the compensation are idF. The decision referred to in paragraph 1 shall override occurs with the receipt of the request to the factually competent court. The motion is withdrawn, so the decision back to the full extent into force.

(3) a lien on energy sources that no. 1 are subject to measures pursuant to article 7 paragraph 2, extends to the compensation claim pursuant to paragraph 1 or paragraph 2, unless he obliged by the existence of the lien, notifying them of the name and address of the lien creditor and of the debtor of the pledged in writing was agreed to the payment of compensation. section 34 of the EisbEG is to apply mutatis mutandis.

Part 3

Control measures for security of electricity supply

Notices of payment due and implementation of control measures for electrical energy

§ 14. The Federal Minister may, provide if meet the requirements of § 4 para 1, following control measures to ensure the electricity supply for economy, family and youth according to the provisions of § 4 para 2-4 by regulation, and taking into account the energy supply in the individual countries:



1. giving directions to producers, network operators, balance group coordinators, balance and electricity traders regarding the generation, transmission, distribution and trade in electrical energy (section 16);

2. calls and orders to end user allocation, removal and the use of electrical energy and the exclusion by the removal of electrical energy (article 17);

3. arrangements for the supply of electrical energy to and from EU Member States and third countries (article 18);

4. rules on the mode of operation, as well as laying down derogations from emission limit values for plants for the generation of electrical power (article 19);

5. defining the differences compared to other legislation concerning renewable energies, as far as this is necessary to ensure the supply of electrical energy (article 20);

6 regulations about the use of eco-electricity in accordance with article 5, paragraph 1 Z 22 2012's eco-electricity Act, Federal Law Gazette I no. 75/2011 (article 21);

7 notices of payment due by country consumption quotas for the countries (article 21);

8 issuance of instructions or orders a) to producers, the power heat cogeneration plants with a bottleneck capacity by at least 50 MW (thermal) or an annual heat emission by at least 300 GWh operate, as well as b) on district heating company with a total heat bottleneck capacity of all heating plants and heat and power plants by at least 50 MW (thermal) or to substitute a yearly heat output by at least 300 GWh, natural gas with other energy sources as far as technically possible and lower the temperature for the feed into the district heating network (section 22);

9 views on district heating customers on the use of district heating (section 22).

The provisions of the Nos. 1 and 3 are not applicable on power plants, which are used for the provision of ancillary services and to cover peaks within control zones, if by a, the control zones is beyond-use of these power plants for purposes of crisis management for the provision of ancillary services and performance peak in the respective control area cannot be adequately provided.

Preparation, implementation and coordination of control measures

Section 15 (1) the preparation and coordination of control measures to see in these zones in the case in question in Austria is the E-control transfer (article 5 of the Energy Control Act E-ControlG, Federal Law Gazette I no. 110/2010). The operational implementation of the regulations made pursuant to sections 16 to 20 criteria to be determined in the regulations of steering is the rule guides of zone, including the operator, balance group coordinators, balance, and power traders, who vote to safeguard the nationwide approach.

(2) the E-control has a monitoring of security of supply in the electricity sector to prepare the control measures referred to in paragraph 1. In article 7 of the electricity economic and Organization Act 2010 - 2010, Federal Law Gazette I no. 110/2010, designated balance group coordinators, balance, feeder, electricity companies, network operators and control area manager elwog here to participate. This monitoring concerns in particular



1. the relationship between supply and demand in the domestic market;

2. the expected development of demand and available supply;

3. in the planning and in the construction of the additional capacity;

4. the quality and the scope of the maintenance of the network;

5. measures for the operation of peak demand and to deal with cases of one or more suppliers, as well as 6 the availability of electricity generation facilities and networks.

(3) the E-control is authorized,



1. to prepare the control measures to ensure the electricity supply (paragraph 1), and 2. to carry out a monitoring of security of supply in the electricity sector (para. 2) by decree to order reporting of historical, current, and predictive data at regular intervals even if the conditions of § 4 para 1 are not available. The reporting requirements can be in the Engpassfall, which is closer to rewrite in the regulation, as well as if the conditions of § 4 para 1, expanded.

(4) data, with regard to those reports referred to in paragraph 3 can be arranged, are as follows:



1. information about the application, the tax, the consumption, the import and export of electrical energy, as well as type, quantity and stock levels of the primary energy sources;

2. technical indicators of management and production systems.

(5) when the order of the messages referred to in paragraph 3, an outline may be prescribed according to purpose, economic activities, network operators and federal States. Furthermore, data may be assessed by end consumers with an average monthly consumption of more than 500 000 kWh in the last calendar year (§ 16) also monthly and individually.

(6) subject to reporting obligations have to display a person responsible for the data collection and delivery to E-control. Control area manager, operator, producer and consumer in accordance with paragraph 5 last sentence have those persons that in-House are responsible for the implementation of control measures, to display the E-control.

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

(8) data, which is collected in 2010 on the basis of section 27 of the Federal Act and of section 92 ElWOG and data that are available to the control area manager in the context of congestion management available, can be used for the preparation and coordination of control measures for security of electricity supply.

(9) the E-control has to provide the data required for the preparation and implementation of the operational rule zone leaders and the country's main men from the data collected in accordance with paragraph 3, 6, and 8.

(10) the notification system for data that must be reported only in the Engpassfall can be checked at least once a year to request the E-control.

(11) by E-control exercises under the assumption of crisis scenarios can be arranged every two years.

Instructions to participants

§ 16 regulations made pursuant to have 14 Z 1 § issuing those instructions to producers, network operators, balance group coordinators, balance and electricity traders for the generation, transmission, distribution and to provide for trade to ensure the supply of electrical energy are necessary.

Distribution according to the degree of urgency

§ 17 regulations pursuant to § 14 No. 2 have provided that the supply of available electric energy to the end user according to the degree of urgency. In particular can be determined that consumer without further proceedings can be excluded or limited in this temporarily by the delivery. If necessary, E-control may be authorized to take consumer with an average monthly consumption of more than 500 000 kWh in the past 12 months in a separate regulation.

Import and export

§ 18 regulations pursuant to § 14 No. 3 have on the Austrian electricity supply situation as well as on obligations within the meaning of § 4 paragraph 2 caution to take.

Operating conditions and emission limit values


§ 19 regulations pursuant to § 14 are no. 4 only to the extent to adopt, as this is necessary to ensure the supply of electrical energy. On avoiding dangerous stresses on the environment is carefully. Conditions prevail over regulations are not applicable for the duration of the validity of these regulations.

Renewable energy

Section 20 regulations pursuant to § 14 Z 5 can over the provisions of other legislation concerning renewable energies provide a derogation, to the extent that this is necessary to ensure the supply of electrical energy.

Supply in the Federal States

Section 21 (1) regulations made pursuant to § 14 No. 6 and no. 7 have to take into account the energy supply in the individual countries.

(2) implementation of steering measures with regard to the land consumption quotas in accordance with § 14 No. 7 as well as the issuing of regulations pursuant to § 14 No. 6 in Germany is the Governor. The Governor may delegate to the implementation of the control area manager in the country as well as the operators active in the country, balance group coordinators, balance and electricity traders.

(3) for the implementation of control measures in the framework of the country consumption quota in accordance with § 14 the Governor to the Federal distribution Regulation Z 7 is bound, unless the position of the supply of electrical energy, that a deviation from the nationwide scheme will lead to any risk of exceeding the required country savings target. If the savings target in the country is not reached, E-control may adopt the necessary measures with binding effect for the relevant federal State.

(4) the regulation of the supply of available electricity to final consumers in the Länder shall be made according to the degree of urgency. In particular consumer without further proceedings can the supplies temporarily be excluded or limited in this.

(5) by regulation of the Governor, regionally circumscribed areas of the electricity can be excluded or shut down. Caution is to take measures on the basis of a regulation in accordance with article 17.

Consideration on the district heating supply

§ 22 regulations pursuant to § 14 Z-8 and Z 9 have to see the issuance of instructions or orders to district heating company or calls to district heating customers, which are necessary to ensure the supply of electric power and heat supply of private households.

Consumption charge current

Consumption charges are section 23 (1) for the electrical energy contrary to restriction measures for power consumption more consumed at the current price to raise.

(2) further provisions on payment methods, the way of determining the amount of extra consumption fees, as well as the operational processing are to set by Regulation E-control.

(3) the distribution of collected more fees is to make a determined by the E-control key on the electricity undertakings concerned to cover the costs of control measures for security of electricity supply.

(4) in order to avoid economic and social hardship cases, the Governor at the request of to be applied within two weeks after notices of payment due the extra consumption fees can reduce the consumption charges by ruling.

(5) for those consumers who undergo pursuant to section 17, a separate system by E-control, this can reduce the extra consumption fees to avoid economic hardship cases at the request of to be applied within two weeks after notices of payment due the consumption charges by ruling.

General terms and conditions

24. (1) the arrangements and measures on the basis of articles 16 to 22, as well as the regulation of consumption charges (section 23) apply as part of the General conditions and the power supply agreement.

(2) If a contract due to measures taken on the basis of articles 16 to 22, not or not properly be fulfilled, no claims for damages against the debtor are created. The provisions of the official liability Act, Federal Law Gazette No. 20/1949, thereby not be affected.

Disclosure

§ 25. Insofar as it is necessary to ensure the electricity supply, generator, control area manager, network operators, balance group coordinators, balance and customers to exchange the information on the E-control, and within its area of effect to the Governor are required. E-control and the state Premiers are insofar entitled to the processing and transfer of data within the meaning of the data protection act, as this is an essential prerequisite to ensure the electricity supply within its sphere.

Part 4

Control measures for security of natural gas supply

Notices of payment due and implementation of control measures for natural gas

Section 26 (1) of the Federal Ministry of economy, family and youth can, if the conditions of § 4 para 1 apply, provide the following control measures to ensure the supply of natural gas according to the provisions of § 4 para 2 to paragraph 4 by regulation:



1. issuance of statements on natural gas undertakings in the meaning of § 7 para 1 Z 16 of the gas business Act 2011 - MLA 2011, Federal Law Gazette I no. 107/2011, distribution area manager, market area manager, operator of the virtual trading point, balance, balance group coordinators and producers about the production, the transmission, distribution, storage and trading of natural gas (section 28);

2. calls and orders to end users via the allocation, removal and the use of natural gas as well as the exclusion from the extraction of natural gas (section 29);

3. arrangements for the supply of natural gas to and from EU Member States and third countries (article 30);

4. regulations concerning the mode of operation, as well as defining the variation of emission limit values for large customers, which substitute natural gas consumption by another carrier of energy on the basis of orders pursuant to no. 2 (§ 31);

5. issuance of instructions or orders a) to producers, the power heat cogeneration plants with a bottleneck capacity by at least 50 MW (thermal) or an annual heat emission by at least 300 GWh operate, as well as b) on district heating company with a total heat bottleneck capacity of all heating plants and heat and power plants by at least 50 MW (thermal) or to substitute a yearly heat output by at least 300 GWh, natural gas with other energy sources as far as technically possible and lower the temperature for the feed into the district heating network (§ 32);

6 views on district heating customers on the use of district heating (§ 32).

(2) the Federal Minister of economy, family and youth is responsible in accordance with article 3 para. 2 of the Regulation (EU) No. 994/2010.

Preparation, implementation and coordination of control measures

Section 27 (1) is transmitted the preparation and coordination of control measures to see above the distribution areas in the case in which, in Austria the E-control. This covers in particular the cooperation in the creation of a prevention and emergency plan referred to in article 4 and article 5 of the Regulation (EU) No. 994/2010 and the risk assessment referred to in article 9 of Regulation (EU) No. 994/2010. The operational implementation of the regulations made pursuant to sections 28 and 32 the criteria to be determined in the regulations of steering is the distribution area managers and the market area managers with the involvement of natural gas undertakings, including balance, balance group coordinators, and producers.

(2) the E-control has a monitoring of security of supply in the natural gas sector to prepare the control measures referred to in paragraph 1. Pursuant to § 17 MLA 2011 named distribution area manager and you designated market area manager in accordance with § 13 2011 MLA have to join it. This monitoring concerns in particular



1. the relationship between supply and demand in the domestic market;

2. the expected development of demand and available supply;

3. in the planning and in the construction of the additional capacity;

4. the quality and the scope of the maintenance of the network;

5. measures to serve peak demand and to deal with cases from one or more suppliers, as well as 6 the availability of sources of natural gas (production, storage, import) and networks.

(3) the E-control is authorized,



1. to prepare the control measures to ensure the gas supply (paragraph 1), and 2. to carry out a monitoring of security of supply in the natural gas area (para. 2) by decree to order reporting of historical, current, and predictive data at regular intervals even if the conditions of § 4 para 1 are not available. The reporting requirements can be in the Engpassfall, which is closer to rewrite in the regulation, as well as if the conditions of § 4 para 1, expanded.

(4) data, with regard to those reports referred to in paragraph 3 can be arranged, are as follows:



1. information about the application assets, the tax assets, consumption, import and export including transit, as well as available quantities and services from production and storage;

2. technical key figures of Erdgasleitungs - production and storage facilities;

3. data referred to in article 13 of the Regulation (EU) No. 994/2010;

4.

Information about the district heating application assets, the tax assets, as well as the used primary energy sources for the production of district heating;

5. technical key figures by district heating installations and -propagation.

(5) when the order of the messages referred to in paragraph 3, an outline may be prescribed according to purpose, economic activities, network operators and federal States. Furthermore, data may be assessed by consumers with a contracted consumption by more than 50 000 kWh/h (section 29) also monthly and individually.

(6) subject to reporting obligations have to display a person responsible for the data collection and delivery to E-control. Natural gas companies as well as consumer in accordance with paragraph 5 last sentence have those persons that in-House are responsible for the implementation of control measures, to display the E-control.

(7) the results of the monitoring activities referred to in paragraph 2 may for purposes of long-term planning and E-ControlG are used for the preparation of a report in accordance with section 29, subsection 3.

(8) data collected on the basis of article 15 of the Federal Act and of section 147 2011 MLA and data that are available to the Distributor area manager in the context of congestion management available, can be used for the preparation and coordination of control measures for security of gas supply.

(9) the E-control has to provide the data needed for the preparation and the implementation of operational distribution area managers and the market area managers from the data collected in accordance with paragraph 3, 6, and 8.

(10) the notification system for data that must be reported only in the Engpassfall can be checked at least once a year to request the E-control.

(11) by E-control exercises under the assumption of crisis scenarios can be arranged every two years.

Instructions to participants

Section 28 regulations according to § 26 para 1 subpara 1 have issuing those instructions to provide for the transmission, distribution, storage and trade that are necessary to ensure the supply of natural gas to natural gas companies including distribution area managers, producers, balance, balance group coordinators, market area manager and operator of the virtual trading point for the production, the transport,.

Distribution according to the degree of urgency

§ 29 regulations according to § 26 para 1 No. 2 have provided that the supply of available natural gas to end users is no. 994/2010, as well as the heat supply of households according to the degree of urgency, the substitutability by other energy sources, and the extent of economic effects taking into account the ensure of gas for protected customers in accordance with the Regulation (EU). In particular, it can be determined that temporarily excluded by supplying consumers with the exception of the protected customers without further proceedings or that end users in the supply can be limited. If necessary, E-control may be authorized to take consumer with a contracted consumption by more than 50 000 kWh/h a separate scheme.

Import and export

§ 30 regulations according to § 26 para 1 No. 3 have on the Austrian gas supply situation as well as on the obligations laid down in section 4 paragraph 2 to take caution.

Operating conditions and emission limit values

§ 31 regulations made pursuant to section 26 paragraph 1 Z 4 are only to the extent to adopt, as this is necessary to ensure the supply of natural gas. On avoiding dangerous stresses on the environment is carefully. Conditions prevail over regulations are not applicable for the duration of the validity of these regulations.

Consideration on the district heating supply

§ 32. regulations made pursuant to section 26 paragraph 1 Z 5 and no. 6 have be issuing those instructions or orders to district heating company or calls to district heating customers, which are necessary to ensure the supply of natural gas, as well as the heat supply of private households.

Extra consumption fees gas

Consumption charges to the price of natural gas are § 33 (1) of the natural gas consumed more contrary to restrictive measures for the natural gas consumption to increase.

(2) further details are provisions relating to payment, the type of fixing the level of extra consumption fees, as well as the operational processing to determine by regulation the E-control.

(3) the distribution of collected more fees is to perform according to a determined by the E-control key on the natural gas undertakings concerned to cover the costs of control measures for security of gas supply.

(4) in order to avoid economic and social hardship cases, the Governor at the request of to be applied within two weeks after notices of payment due the extra consumption fees can reduce the consumption charges by ruling.

(5) for those end-users that are subject in accordance with § 28 of a separate scheme by E-control, this can reduce the extra consumption fees to avoid economic hardship cases at the request of to be applied within two weeks after notices of payment due the consumption charges by ruling.

General terms and conditions

34. (1) the regulations and measures on the basis of sections 28 to 32, as well as regulating the consumption charges (section 33) apply as part of the General conditions and the gas supply contracts.

(2) If a contract due to measures taken on the basis of sections 28 to 32, not or not properly be fulfilled, no claims for damages against the debtor are created. The provisions of the law on official liability are not affected thereby.

Disclosure

section 35. Insofar as it is necessary to ensure the supply of natural gas, natural gas companies including distribution area manager, producer, balance, balance group coordinators, market area manager, operator of the virtual trading point are committed to exchange of information on the E-control, and within its area of effect to the Governor E-control and the state Premiers are insofar entitled to the processing and transfer of data within the meaning of the data protection act, as this is an essential prerequisite to ensure the supply of natural gas.

Part 5

Energy Steering Committee

Tasks and composition

Section 36 (1) to advise the Federal Ministry for economy, family and youth, as well as the preparation and assessment of measures referred to in § 7 and § 14, § 26 an Advisory Board will be established at the Federal Ministry of economy, family and youth (energy Steering Committee), which listen to is especially on the enactment of regulations under this Federal Act. The consultation of the Advisory Committee may be omitted at the imminent danger. The Advisory Board is however subsequently delay the matter to deal with. In case of control measures in electricity or natural gas E-control is the Governor anyway, within its area of effect to hear.

(2) the Advisory Board have as members to belong to:



1. three representatives of the Federal Ministry for economy, family and youth, one representative of the Federal Chancellor's Office, the Federal Ministry of European and international affairs, finance, Interior, national defence and sports equipment, for agriculture and forestry, environment and water management and for transport, innovation and technology;

2. two representatives of the Austrian Federal Economic Chamber, the Chamber of Agriculture of Austria, the Federal Chamber of labour, the Austrian Trade Union Confederation and industrial association;

3. a representative of the E-control;

4. a representative of the countries;

5. According a professional in the field of the oil industry, energy trading, as well as the gas and heat supply;

6. a representative of Austria's E economy;

7 one representative of the parties represented in the main Committee of the National Council.

(3) the members of the Advisory Board are by the Federal Minister of economy, family and youth to order. The members referred to in paragraph 2, 4, 6 and 7 are at the suggestion of the sending authority that 5 referred members are Z in para 2 to order Austria on a proposal from the Chamber of Commerce.

(4) the Chair of the Advisory Board leads that Federal Minister of economy, family and youth, is represented by an official of his Ministry can leave.

(5) for the quorum of the Advisory Board in matters of this Federal Act, properly carried out inviting all members of the Advisory Board and the presence of at least one third of the members is required. The required number of members is not present at the beginning of a session the members have an hour to meet again after the date referred to in the invitation and to deal with the agenda without regard to the number of members present.

(6) the Advisory Board shall adopt its rules of procedure by a simple majority. The rules of procedure has to regulate the activities of the Advisory Committee as appropriate. It needs the approval of the Federal Minister of economy, family and youth.

Obligation of secrecy


section 37. The members of the Advisory Council may for the duration of their appointment, and even after termination of their function does not reveal all official, business or trade secrets, as well as all the data that have been entrusted to them in this property or have become accessible, or exploit. They are, as far as they are not permanent representatives by the Federal Minister of economy, obliging family and youth on the conscientious fulfilment of their obligations.

Regional advisory committees

Section 38 (1) the advice of the Governor (§ 21 para 2) is built at this an Advisory Board. Him have as members to belong to:



1. one representative of the National Chamber of Commerce, the Chamber of agriculture, the Chamber of labour and the Austrian Trade Union Confederation;

2. a maximum of ten experts from the field of the energy system of the country concerned;

3. two staff of the Office of the provincial government.

(2) the members of the Advisory Board are to be appointed by the Governor. Referred members are no. 1 in paragraph 1 to order on a proposal from the sending site. The composition and their changes are the Federal Minister for Economics to inform family and youth.

(3) the Governor meets the provisions regarding the Chairman of the Advisory Board. In addition § 36 para 5 and 6, and article 37 shall apply mutatis mutandis.

Part 6

Penal provisions

General penalty provisions

Section 39 (1) unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts, commits an administrative offence and is to be punished by the district administrative authority



1. a fine up to 72 660 euros, who a) do's and Don'ts of regulations adopted pursuant to sections 7, 14, and 26 or on the basis of these regulations adopted decisions are not followed, if the Act not to punish 2 or no. 3 is after Z;

(b) intentionally performing commandments or bans in accordance with letter. a make it difficult or impossible;

2. fine up to 2 180 euro, who a) a regulation adopted pursuant to article 7 concerning the prohibition of use (§ 10 para 1 subpara 1) or contravenes the labelling (§ 10 par. 4), an exception to the prohibition falsely claimed or devious by false information;

b) regulations on reporting obligations (article 11, para. 1, § 15 para 2 and section 27 par. 2) contravenes or incorrectly or incompletely refund information in accordance with § 11 para. 2 and 3, section 25 and section 35 does not or not timely,

(c) intentionally to tolerate § 11 par. 2 and 3, the commitment, the checks and inspections in accordance with contravenes;

3. with fine up to 726 euros, who a in accordance with section 7 prescribed maximum speed (§ 10 para 1 No. 2) exceeds 30 km / h.

(2) in the cases of paragraph 1 Z 1 is punishable.

(3) in determining the penalty, Z 1 is the effect of securing the energy supply or the supply of raw materials (§ 7 para 4) caused by a criminal offence in the cases of paragraph 1 to take into account. In case of recovery of the financial penalty is an imprisonment in cases of paragraph 1 up to six weeks, or up to two weeks set Z 1.

(4) in the case of intentional crime committed administrative offences referred to in paragraph 1, the energy carriers forming the subject-matter of the offence belonging to the perpetrator or a participant, revoked can be explained. However, the value of energy sources declared forfeited must not be disproportionate to the seriousness of the offence.

Consumption

40. (1) the offence referred to in section 39 This establishes, the perpetrator against the prescribed limitation measures for electricity and natural gas consumption to consume energy, so he is not to punish, when he paid a consumption fee pursuant to § 23 and § 33.

(2) without prejudice to a punishment in accordance with section 39 or paying a consumption fee according to §§ 23 or 33, the authority pursuant to sections 15 or 27 can rule out an electricity or natural gas consumers according to the extent of impermissible multiple usage by the electricity or gas supply.

Participation of the Federal Police

section 41. The security organs, federal police have as subsidiary organs of the district administrative authorities on the enforcement of § 39 para 1 subpara 2 lit. a and Z 3 by



1. preventive measures against impending administrative offences;

2. measures which are necessary for the initiation or conduct of administrative penal proceedings;

3. application of physical coercive, as far as he is by law intended to participate.

Part 7

Transitional and final provisions

Entry into force

Section 42 (1) (constitutional provision) § 1 the day following the proclamation into force. At the same time article I of the Energy Control Act 1982, BGBl. No. 545/1982, most recently in the version of Federal Law Gazette I no. 50/2012, except force.

(2) this Federal Act enters into force with the exception of section 1 with the, the by-laws the following day. At the same time article II of the Energy Control Act 1982, Federal Law Gazette No. 545/1982, most recently in the version of Federal Law Gazette I no. 50/2012, except force.

Enforcement

§ 43. Involved with the execution of this federal law:



1 (constitutional provision) In terms of § 1 and § 42 paragraph 1 the Federal Government;

2. with regard to section 3 paragraph 1 in accordance with their jurisdiction the Federal Government or the Federal Minister of finance;

3. with regard to section 7 para 2 Z 5, § 12, § 14 No. 4, of article 19, section 26, paragraph 1 Z 4, as well as of article 31 of the Federal Ministry of economy, family and youth in agreement with the Federal Minister of agriculture and forestry, environment and water management;

4. with regard to article 7, par. 2, last sentence, article 13, paragraph 2 and article 24 of the Federal Minister of Justice;

5. with regard to section 9 para 1 second sentence of the Federal Ministry of economy, family and youth in agreement with the Federal Minister of transport, innovation and technology;

6. with regard to article 10 par. 5 of the Federal Ministry of economy, family and youth in consultation with the Federal Ministers for national defence and sports as well as for transport, innovation and technology, and in accordance with these provisions with the Federal Ministers of agriculture and forestry, environment and water management;

7. with regard to article 13 paragraph 3 in accordance with their jurisdiction of the Federal Ministry of economy, family and youth and the Federal Minister for Justice;

8. in terms of section 41 of the Federal Minister of the Interior;

9. in the rest of the Federal Ministry of economy, family and youth.

Fischer

Faymann