480. Regulation of the Management Board of E-Control, which sets the clearing fee for the performance of the tasks of a balancing group coordinator (clearing fee regulation)

On the basis of § 12 of the Federal Law, which regulates the conditions of exercise, the tasks and the powers of the clearing offices for transactions and price formation for the balancing energy (clearing house), Art 9 Energieliberalization G, BGBl I No. 121/2000, in conjunction with § 7 para. 1 and § 21 paragraph 1 Z 2 Energy Control Law-E-ControlG, BGBl. I No 110/2010 in the version of the Federal Law BGBl. I No 51/2012, shall be arranged:

Clearing of the clearing fee

§ 1. In accordance with this Regulation, the balance sheet group responsible has to pay the balance sheet group coordinator a clearing fee (Section 12 (1) of the clearing house) on the basis of the turnover of the balance sheet group.

Definitions

§ 2. For the purposes of this Regulation:

1.		"total energy turnover" means the sum of energy sold (sales schedules), delivered balancing energy and consumption (consumption count) on the target side, which is the sum of purchased energy (purchase timetables), generation (production count) and related balancing energy on the Habits of a balance sheet group;
2.		"fee-based consumption" means the sum of the consumption count on the nominal page of a balance sheet group;
3.		"Chargeable trade turnover" means the total energy turnover less the consumption turnover of a balance sheet group.

Charge rates

§ 3. (1) The fee shall be € 0,0964 per MWh for each fee subject to a fee.

(2) The fee is € 0.002 per MWh for each fee-based trading turnover.

Exemptions

§ 4. The turnover of the special balance sheet groups (special balance sheet groups) is exempt from the clearing fee. The special balance sheet groups are in particular balance sheet groups, which are exclusively set up for the following purposes:

1.		network losses and loss-of-energy procurement;
2.		for green energy;
3.		the electricity exchange;
4.		the rule zone guide for its operational purposes.

Billing Period and Prewrite

§ 5. (1) Accounting period shall be the clearing period for the first clearing of the balance sheet group coordinator. The clearing fee shall be charged by the balance sheet group coordinator and due on the due date stated in the invoice.

(2) As soon as the final statement of accounts by the balance sheet group coordinator is based on the actual measured energy of production and consumption ("second clearing"), the clearing fee shall be for the entire period to which the second clearing fee is to be paid. Clearing extends, recalculating. Any differences in the amounts raised by the balance sheet group coordinator for this period shall be taken into account, or to be credited.

entry into force

§ 6. (1) This Regulation shall apply to taxable transactions as from 1. Jänner 2013.

(2) The Regulation of the Electricity Control GmbH, which sets the clearing fee for the performance of the tasks of a balancing group coordinator (Clearingfee Regulation), made known in the Official Journal of the Vienna newspaper no. 216 of 8 November 2001 and No 217 of 9 and 10 November 2001, as amended by the Regulation of the Energy-Control GmbH of 20 December 2010, by which the Regulation on the clearing fee for the performance of the tasks of a balancing group coordinator (Clearingfee Regulation), published in the Official Journal of the Vienna newspaper on 23 November. December 2010, will be repeal with effect from 31 December 2012.

Transitional provisions

§ 7. For the rolling up of the accounts for periods up to 31 December 2012, the amounts in accordance with the Regulation of the Electricity Control GmbH with which the clearing fee for the performance of the tasks of a balance group coordinator shall continue to be charged shall continue to be in the Official Journal of the Wiener Zeitung No 216 of 8 November 2001 and No 217 of 9 and 10 November 2001, as amended by the Regulation of the Energy-Control GmbH of 20 December 2010, by means of which the Regulation concerning the clearing fee for the performance of the duties of a Balance group coordinator (Clearingfee Regulation) is amended, made known in the Official Journal of the Vienna newspaper on 23 December 2010.

Boltz Graf