479. Regulation of the Management Board of E-Control, which sets the clearing fee for the performance of the tasks of a balance-group coordinator in the natural gas sector (natural gas clearing fee regulation)

Due to § 89 Gaswirtschaftsgesetz 2011-GWG 2011, BGBl. I No. 138/2011 iVm § 7 Abs.1 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 charges

§ 1. In accordance with this Regulation, the balance sheet group responsible has to pay the balance sheet group coordinator the clearing fee set out in § 3.

Definitions

§ 2. For the purposes of this Regulation:

1.		"balance sheet group" means a balance sheet group within the meaning of Section 7 (1) Z 4 of the GWG;
2.		"balancing group coordinator" means a balance group coordinator within the meaning of Section 7 (1) Z 5 of the GWG;
3.		"Accounting group responsible" means a group responsible for the balance sheet group within the meaning of Section 7 (1) (6) of the GWG;
4.		"clearing fee" means the remuneration to be paid to the balance sheet group coordinator by the accounting officer in accordance with the principles of Section 89 of the GWG;
5.		"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 schedules), feed-in (feed count values) and related balancing energy on the Habits of a balance sheet group;
6.		"taxable consumption" means the sum of the consumption count on the nominal side of a balance sheet group;

Remuneration

§ 3. The fee is € 0,0487 per MWh for each of the charges charged for payment in the market area of East Germany and € 0.0672 per MWh in the Tirol and Vorarlberg market areas.

Exemptions

§ 4. The revenues of the special network balance group for net losses and self-consumption are exempt from the clearing fee.

Billing Period and Prewrite

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

(2) As soon as the final statement by the balance sheet group coordinator is based on the actual measured feed and consumption ("second clearing") actually measured, the clearing fee for the entire period, on which: the second clearing is to be recalculated. 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 in the market regions of Tyrol and Vorarlberg for transactions which are subject to a fee from 1 January 2008. Jänner 2013, 00:00 h, and in the market area East from the 1st January 2013, 06:00 o'clock.

(2) The Regulation of Energy-Control GmbH, which sets the clearing fee for the performance of the tasks of a balance-group coordinator in the natural gas sector (natural gas clearing fee regulation), expressed in the Official Journal on 15 November 2002 to the Wiener Zeitung, as amended by the Regulation of the Energie-Control GmbH of 20 December 2010, by which the regulation concerning the clearing fee for the performance of the duties of a balance group coordinator in the natural gas sector (Natural gas clearing fee regulation) is amended, made known in the Official Journal of the Wiener Zeitung of 23 December 2010, shall not enter into force on the dates referred to in paragraph 1.

Transitional provisions

§ 7. For rewinding of the accounts relating to periods before the dates specified in § 6 para. 1, the amounts shall continue to be paid in accordance with the Regulation of Energy-Control GmbH, by means of which the clearing fee for the performance of the tasks of a Balance group coordinator in the natural gas sector (Natural gas clearing fee regulation), made known in the Official Journal on 15 November 2002 in the Wiener Zeitung, as amended by the Regulation of 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 in the natural gas sector (natural gas clearing fee regulation) is amended, made known in the Official Journal of the Vienna newspaper of 23 December 2010.

Boltz Graf