394. Ordinance of the Federal Minister for Science, Research and the Economy on the Guidelines for the Activities of the National Energy Efficiency Monitoring Centre (Energy Efficiency Policy Regulation)

On the basis of § 27 of the Federal Energy Efficiency Act (EEffG), BGBl. I n ° 72/2014, by the Federal Minister for Science, Research and the Economy, in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management and the Federal Minister for Labour, Social Affairs and Consumer Protection, ordering:

Section 1

General provisions

Scope

§ 1. (1) This Regulation shall determine the requirements to be complied with by the National Energy Efficiency Monitoring Centre in order to comply with the activity assigned to it in accordance with the provisions of the Federal Energy Efficiency Act (EEffG). This Regulation shall in particular

1.		the principles of the measurement methodology and evaluation system and the rules on the evaluation and allocation of energy efficiency measures in the sense of EEffG;
2.		the nature, content and equipment of the documents and other requirements relating to the documentation of energy efficiency measures in the sense of EEffG;
3.		Regulations concerning the collection of the documented data at the national energy efficiency monitoring centre according to § 24 EEffG as well as control rights of the monitoring centre.

(2) The aim of this Regulation is, in particular, to:

1.		Clarification of the legal rules clarifying the handling and enforcement of the energy efficiency commitment system pursuant to § 9 bis § 11 EEffG,
2.		to establish a procedure for the definition and development of new methods for the calculation of energy savings and the evaluation of energy efficiency measures;
3.		It will encourage actors to put energy efficiency measures on a large scale and to develop new energy efficiency measures.

Definitions

§ 2. (1) Unless otherwise specified in the following, the definitions of the Federal Energy Efficiency Act (EEffG) shall apply.

(2) For the purposes of this Regulation, the following definitions shall apply

1.		"adaptation factor" means a fixed calculation size, quantifiable parameters influencing energy consumption, such as weather conditions, behavior-dependent parameters (internal temperature, brightness), working times, throughput in the production, rectification and normalisation;
2.		"Invoice" means the fulfilment of the conditions set out in § 15 in order to be able to take into account an energy efficiency measure for the fulfilment of the statutory obligations pursuant to § 10 or § 11 EEffG; after an invoice has been made Energy efficiency measures shall be excluded from any further transfer, allocation, offsetting or allocation;
3.		"Baseline" means the calculated or measured energy consumption, which is normalized and normalized by means of adjustment factors, without the set energy efficiency measure, which serves as a reference value for the comparison with the set energy efficiency measure. The initial basis thus represents a reference value which can be compared with solid data sources in accordance with § 6 after setting the energy efficiency measure. The initial basis may take into account other energy efficiency measures, but not the energy efficiency measure in question;
4.		"Operational energy efficiency method" means a sub-category of the "generalized method", which defines the framework conditions for the evaluation of energy savings, which companies set themselves in accordance with § 5 (1) Z 18 to 21 EEffG (annex) 1a);
5.		"individual evaluation" means an evaluation of energy savings made on the basis of the requirements of this Regulation for individual energy efficiency measures;
6.		"double counting or multiple counting" means the dual or multiple use of energy savings for the same energy efficiency measure;
7.		"unit of an energy efficiency measure" means an object (e.g. refrigerator) or subject (e.g. energy consulting household), for which normalized energy savings are defined and calculated. In general, this means an energy-efficient system or the participant in an energy-saving programme;
8.		"energy service provider" means a natural or legal person who provides end-energy services or other energy efficiency measures, for example, in the facilities or premises of a final customer; ;
9.		"Energy efficiency directive" means Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009 /125/EC and 2010 /30/EU and repealing Directives 2004 /8/EC and 2006 /32/EC, OJ L 327, 30.12.2004, p. No. 1., as amended by the corrigendum, OJ L 315, 14.11.2012, p. No. OJ L 113 of 15.04.2013 p. 24;
10.		"energy efficiency methods (methods)" means the standardisation of energy savings resulting from the set of energy efficiency measures, as well as the typed description, calculation and definition of energy efficiency measures;
a)			"Bottom-up methods" means the determination of energy savings in energy efficiency measures on the basis of standardized savings and unit units for energy efficiency measures. Within the framework of this Regulation, only bottom-up methods shall be regulated;
b)			"generalized methods" means bottom-up methods in accordance with § 12, which apply to a majority of cases and are published either in Appendix 1 or in the method document according to § 27 (5) EEffG;
11.		"energy efficiency improvement" means the increase in energy efficiency as a result of technical, behavior-related and/or economic changes;
12.		"energy saving" means the amount of final energy saved within a year, which is achieved by measuring and/or estimating consumption before and after the implementation of an energy efficiency improvement measure to improve energy efficiency and at the same time Normalization of the external conditions influencing the energy consumption is determined. Any energy savings must result from a set energy efficiency measure;
a)			"normalised energy saving" means the calculated energy saving per unit of unit for energy efficiency measures;
13.		"Energy performance contract" means a contractual agreement between the beneficiary and the provider of an energy efficiency improvement measure, which is subject to review and monitoring throughout the duration of the contract and in the course of which the contract is Framework investment (work, supplies or services) in the measure in question on energy efficiency improvement in relation to a contractually agreed amount of energy efficiency improvements or another agreed energy performance criterion, such as financial savings;
14.		"Life of savings" means the number of years for which the energy savings originally achieved in the course of the implementation of the energy efficiency measure will remain within one year;
15.		"normalization" means the adjustment of energy consumption over a period of time with regard to the influence factors which are not to be taken into account in the calculation of energy savings;
16.		"project-specific input" means the use of specific, individual-case-related actual values instead of the values set in a generalized method for the evaluation of an energy efficiency measure using the data sources in accordance with § 6, provided that the method does not preclude this;
17.		"attribution" means the assignment of an energy efficiency measure to an energy supplier or other natural or legal person, based on a civil agreement, the EEffG or the regulation.

Section 2

Measurement methodology and evaluation systematics

Principles of efficiency evaluation

§ 3. (1) In order to assess whether an energy supplier has fulfilled its obligation in accordance with § 10 and § 11 EEffG, the energy savings reported in the database of the monitoring unit pursuant to § 10 (3) EEffG shall be used and shall be used for the purpose of assessing whether the energy savings are to be made available to the monitoring unit. check.

(2) Energy savings shall be the result of energy efficiency measures attributable to the supplier.

(3) Energy efficiency measures must, in order to be credited as such to the obligation of a supplier in accordance with § 10 EEffG or in accordance with § 11 EEffG,

1.		of a generalized method in accordance with § 12; or
2.		shall be subject to an individual assessment in accordance with § 13.

(4) The further regulations on the calculation of energy efficiency measures are standardised in § 15 and in § 27 para. 4 EEffG.

Calculation model for end-use energy efficiency

§ 4. (1) Final energy savings from generalised methods (§ 12) are based on normalized and normalized final energy consumption prior to setting an energy efficiency measure (baseline) minus the normalized and normalized final energy consumption after setting of an energy efficiency measure.

(2) The determination of the baseline in generalized methods shall be determined according to the type of energy efficiency measure as follows:

1.		In the case of a new purchase of an energy consumption device or the new direction of a building or an installation, if there are statutory provisions for final energy consumption or the final energy consumption, determining properties of the on-the-ground energy consumption To use the energy efficiency measure as a baseline, calculated, normalized and normalized final energy consumption of the energy efficiency measure. If there are no such legal requirements, which limit the final energy consumption or normalize the final energy consumption, the normal average technology is to be used in the determination of the baseline.
2.		In the case of a replacement or exchange of an energy consumption device or an extension of existing consumption functions to improve energy efficiency while maintaining the original function, the baseline corresponds to the normal and Normalised final energy consumption of the replaced energy consumption device or the final energy consumption of the average energy consumption equipment in stock.
The use of a market-based average technology or an average of the energy consumption equipment in the stock shall, as far as possible, require that their determination be based on surveys in accordance with Article 7 (1) (3) (3). These surveys shall be updated as a function of relevant market developments.

(3) The final energy consumption after setting an energy efficiency measure shall be proven in the individual assessment and in the generalized method by data sources in accordance with § 6.

(4) The normalisation of energy consumption in generalised methods has to take the form of adaptation factors, whereby the effect of non-systemic factors, based on the current state of the science, is the calculation of the It is possible to distort energy savings, which can be ruled out in the best possible way. Non-system factors are in particular:

1.		external factors, such as weather, operating times for buildings, production conditions;
2.		technical interactions;
3.		the usage behavior.

(5) By way of derogation from paragraph 1 and paragraph 2, individual assessments for the calculation of the baseline can be adjusted to actual values. A normalization in accordance with the adjustment factors referred to in paragraph 4 by way of example shall only be carried out in the case of individual assessments in the case of energy efficiency measures with energy savings of more than 15 MWh, with the same energy efficiency measures being taken by a A set of measures must be combined within a commitment period to take account of the 15 MWh threshold. The monitoring body shall draw up a report by 1 April 2017 and thereafter annually on the share of energy efficiency measures set out in the previous commitment period, with energy savings of 15 MWh or less, and the effects of the of this facilitation of impact on the objective of the EEffG. This report shall, where appropriate, include a recommendation on the appropriate adjustment of the threshold value and shall be published on the homepage of the Energy Efficiency Monitoring Centre.

Section 3

Development of energy efficiency methods and individual assessments

Principles for the development of efficiency methods and individual assessments

§ 5. (1) The calculation of savings from energy efficiency measures requires that the efficiency methods and assessments in accordance with § 12 and § 13 be drawn up in accordance with the requirements of § 3 bis § 10.

(2) The process of drafting generalized methods and individual assessments shall be carried out as follows:

1.		First step: Determining the normalized and normalized energy savings per energy efficiency measure.
2.		Second step: the definition of a guidance for the aggregation of the energy efficiency measures of the energy efficiency measure in accordance with Z 1 on the overall energy efficiency measures implemented in the respective commitment period.
3.		The third step is to define the service life of the energy efficiency measure.

(3) Each year, the monitoring body shall, in accordance with the budgetary possibilities, draw up additional generalized methods in cooperation with the suppliers committed under EEffG.

(4) Each new method of calculation and each new individual evaluation shall be used to assess the energy efficiency measures set out on their basis, separately for possible double or multiple counting. In particular, the interaction with other methods or individual assessments is to be examined during the production process. Any double or multiple counts should be corrected.

(5) By way of derogation from paragraph 2, individual assessments shall only be carried out in the case of energy efficiency measures with energy savings of more than 15 MWh in the steps described in accordance with paragraph 2 (2) (1) to (2) of this Regulation, with the following: Energy efficiency measures of a set of measures are to be combined within a commitment period for the consideration of the 15 MWh threshold. The effects of this threshold as well as the recommendations to be deduced from it are to be presented in the report according to § 4 (5), with the appropriate application of the relevant provisions.

Data sources

§ 6. In the preparation of generalized methods or individual assessments, the following data sources can be used by the reviewer in accordance with § 9:

1.		energy bills;
2.		statutory provisions or legal minimum standards;
3.		developed standards as well as calculation tools based on them;
4.		the manufacturer's information;
5.		representative measurements;
6.		scientific studies and expert opinions;
7.		representative statistics and databases;
The use of outdated data or data sources must not be trusted.

Methodology for setting reference and default values

§ 7. (1) Where references to reference and default values are required for the preparation of methods or individual assessments, they may be used in the form of

1.		Representative savings or consumption values on the basis of measurements in accordance with § 8, whereby the savings from the implementation of an energy efficiency measure or an energy efficiency measure package by means of recording the actual reduction of the the use of energy, with due regard for adaptation factors,
2.		the values adopted or the technical estimates of the savings referred to in paragraph 2 or
3.		Empirical surveys.

(2) The estimation of savings or the adoption of values as referred to in paragraph 1 (2) can only be taken into account in the calculation of energy savings if the identification of reliable measured data for a given plant with economic is not possible and the acceptance of values can be derived on the basis of other reliable data sources according to § 6. This circumstance shall be justified in writing by the verifier in relation to the monitoring body. The acceptance of efficiency values pursuant to paragraph 1 Z 2 shall be carried out with due regard to the criteria in accordance with § 9.

(3) Empirical surveys are to be used in particular

1.		in the case of behavior-oriented energy efficiency measures, which involve a change in user behaviour, in order to identify the consumer's response to the energy efficiency measures being implemented;
2.		for the determination of the usual average technology according to § 4 (2) (1) (1) and the average energy consumption equipment in accordance with § 4 (2) (2) (2).

(4) In the case of individual assessments, in the case of behaviorally-oriented energy efficiency measures, surveys shall be applied only in the case of energy efficiency measures with energy savings of more than 15 MWh, with the same energy efficiency measures being taken by an energy efficiency measure of a A set of measures must be combined within a commitment period to take account of the 15 MWh threshold. The effects of this threshold as well as the recommendations to be deduced from it are to be presented in the report according to § 4 (5), with the appropriate application of the relevant provisions.

(5) In the determination of reference and standard values, assumptions in the calculation methodology and the indication of the amount of final energy savings, the values laid down in a generalized methodology are available for new individual assessments and to take more generalized methods into account. In the case of deviations, it is necessary to demand concrete, representative evidence collected empirically for the individual situation.

Measurements

§ 8. (1) Measurements of energy savings and energy consumption values may be used in the preparation of efficiency methods if they meet the following criteria:

1.		the measurements must be comprehensible;
2.		the measuring arrangement must comply with the rules of technology and apply existing recognised standards as far as possible;
3.		the measurement methods chosen must provide representative results;
4.		the period of measurement must, in so far as it is technically and economically feasible, represent all the operating conditions of the final energy consumer considered;
5.		the measurement of final energy consumption before implementation of the energy efficiency measure must reflect the state of the energy efficiency measure.

(2) By way of derogation from paragraph 1, in the case of individual assessments in the form of measurements, the evaluation shall be carried out only in the case of energy efficiency measures with energy savings of more than 15 MWh, in accordance with the criteria set out in paragraph 1, with the following: Energy efficiency measures of a set of measures are to be combined within a commitment period for the consideration of the 15 MWh threshold. The effects of this threshold as well as the recommendations to be deduced from it are to be presented in the report according to § 4 (5), with the appropriate application of the relevant provisions.

Opinions and studies

§ 9. (1) Opinion and studies of third parties must be carried out in order to ensure that the efficiency values and estimates derived from them are used in the preparation or evaluation of a generalized method by the monitoring unit or in the development of an individual The following requirements can be taken into account:

1.		each opinion and each study is either of
a)			an approved or certified expert whose certificate is verified by an accredited testing and monitoring body or by a state approval authority,
b)			an independent, state-approved scientist (e.g. university professor),
c)			a general and court-certified expert,
d)			a civil engineer or a technical office from a relevant field of expertise, or
e)			a qualified and registered energy auditor in accordance with § 17 EEffG for the respective area.
2.		Each expert in accordance with Z 1 must have profound knowledge in the form of demonstrable qualifications in the field for which the expert opinion is drawn up.
3.		each expert shall be free of instructions and independent from the contracting authority and the undertakings concerned by the opinion or the study.
4.		Opinions and studies must, where available, apply national, Union-wide or internationally recognised testing methods and/or standards.
5.		Expert opinions and studies must be conclusive, comprehensible and comprehensible and must not be filled with gaps.
6.		Expert opinions and studies have to take into account the typical framework conditions and conditions under which energy efficiency measures are set.
7.		from the investigative articles of expert opinions and studies, concrete findings and findings must be derived, which are to be clearly documented and summarize. The summary must comply with the content criteria of § 10 (1); it must be possible without difficulty and without effort to develop an efficiency method with the contents according to § 10.

(2) By way of derogation from paragraph 1, in the case of energy savings evaluated by means of Appendix 1a, the preparation of the expert opinion may also be carried out by an energy auditor registered in accordance with § 17 EEffG for the respective area and registered in accordance with § 17 EEffG. Compliance with the generally applicable standards and regulations for reviewers, or of the respective rules of standing.

Content of efficiency methods

§ 10. (1) Efficiency methods must comply with the requirements of § 3 to § 9 and must have the following contents:

1.		A concise description of the energy efficiency measures covered by the method;
2.		a formula for the evaluation of the energy efficiency measures covered by the method;
3.		an indication of the relevant standard values (default values), in particular the lifetime and the factor of energy saving, or the efficiency gains;
4.		an indication of the methodological approach;
5.		the management of the underlying data;
6.		the date from which the method is applied;
7.		Information on whether energy efficiency measures, which are based on the method, are exclusive budgetary measures or measures in the area of mobility according to § 10 para. 1 EEffG; in addition, energy efficiency measures according to § 27 4 (4) (5) EEffG to specify the legally-normalized factor;
8.		Information on when an energy efficiency measure based on the method has been completed and its saving effect, or Efficiency improvement begins to develop;
9.		any additional conversion factors that are required;
10.		any documentation requirements.

(2) Each presentation of the content for new efficiency methods shall be carried out in accordance with the presentation scheme provided for in Appendix 1. In the preparation of an individual evaluation, the evaluation has to be oriented as far as possible to the substantive criteria of paragraph 1.

(3) The factor in accordance with § 27 paragraph 4 Z 5 EEffG can be credited with energy efficiency measures,

1.		that are put in direct relationship with low-income households, or
2.		by relevant social institutions or debt advisory bodies in the context of projects carried out with them in order to combat energy poverty as set out in Annex I Z 1 lit. m EEffG (e.g. qualified energy consulting by advisors with social work experience or equipment exchange actions). The social institution or debt advisory body shall, in writing, confirm in writing to the supplier that an energy efficiency measure as set out in Annex I Z 1 lit. m EEffG.

Adjustment of methods

§ 11. (1) The adaptation of methods shall be carried out taking into account the requirements of § 3 to § 10 for the following reasons:

1.		in the case of amended Union, international or national, binding framework conditions;
2.		in the case of new findings, scientific, technical or statistical nature with regard to average values assumed by default (default values), life span or impact of energy efficiency measures.

(2) In the event of the entry of a circumstance in accordance with paragraph 1, the monitoring agency shall immediately prepare the methods concerned for an adjustment in the course of a regulation in accordance with Section 27 (5) EEffG and inform them on their homepage.

(3) In order to establish efficiency methods for the purpose of a demonstration, consideration shall be given to the maintenance of commercial or operational secrets as well as to the protection of personal data. The costs of third parties in the elaboration of generalized efficiency methods can only be borne by the monitoring agency in so far as third parties have been directly commissioned by the monitoring agency.

Section 4

Energy efficiency methods and individual assessments

Generalized Methods

§ 12. (1) Efficiency methods which apply to a general group of systemically identical energy efficiency measures are generalized methods which, following their entry into force and the customer's customer, are based on the website of the German Monitoring site should be published.

(2) In so far as an individual assessment seems appropriate for a broad-based application to energy efficiency measures in other comparative cases, the monitoring unit shall, in accordance with the budgetary possibilities, have access to possible other comparative cases. To be considered and to prepare the individual evaluation as a generalized method for a release in the regulation path according to § 27 para. 5 EEffG.

Individual assessments

§ 13. (1) A single energy efficiency measure or several energy efficiency measures may be assessed individually, provided that there is no generalized method or where a mandatory company has technical reasons to oppose the application of a generalized method in writing to the Energy Efficiency Montoringstelle.

(2) All individual assessments have to be comprehensible.

Application of generalized methods and individual assessments

§ 14. (1) Generalized efficiency methods according to Appendix 1 shall, unless otherwise specified in the method itself or in para. 2 and para. 3, apply from the next month's most recent month-on-time.

(2) A generalized method shall be replaced by another, or if a generalized method is adjusted, the application of the method shall commence in its new version with the next annual reserve of its customers. If the customer is to be held in the second half of a calendar year, the application of the method in its new version shall begin with the next year following the next year of the customer's presentation. Until then, the previous version should be applied.

(3) If a generalized method is newly added to the methods listed in Appendix 1, it shall be deducted from the date fixed in accordance with paragraph 1, including retroactive effect on all in the respective current commitment period according to § 10 and § 11 EEffG Energy efficiency measures already set in so far as no individual assessment has been made for them up to the date established in accordance with paragraph 1 above.

(4) Individual assessments in accordance with § 13 shall apply to the respective energy efficiency measure from the time of setting.

Section 5

Energy efficiency measures

Requirements for the calculation of energy efficiency measures

§ 15. (1) An energy efficiency measure can only be credited to the fulfilment of the statutory obligations pursuant to § 10 and § 11 EEffG if:

1.		the energy efficiency measure has been set up within the commitment period for which the energy efficiency measure is to be credited, at the earliest from 1 January 2014 and at the latest by 31 December 2020, in good time until 14 February 2010. of the following year,
2.		the documentation of the energy efficiency measure has been carried out in accordance with Article 17;
3.		it is clear to which supplier the energy efficiency measure is to be attributed in accordance with the requirements of Article 27 (4) (4) (2) of the EEffG,
4.		it was set in Austria, and thus an improvement in energy end-use efficiency in Austria was brought about,
5.		it is not an energy efficiency measure pursuant to § 5 (1) Z 17 EEffG, which is exclusively funded by the federal government and/or by federal states. In the case of a Kofortion, a transfer or distribution to the extent possible,
6.		it is not a substitute measure pursuant to Section 21 (5) et seq. of the EEffG; and
7.		the other legal requirements, in particular Article 27 (4) EEffG, and the regulation are complied with.

(2) Before the entry into force of this Regulation, energy efficiency measures which have been co-funded from the housing development, the environmental promotion or the thermal remediation programme (remediation cheque) shall not be subject to the transfer or credit transfer in the proportionate to the extent to which in the case of an energy supplier in accordance with § 10 and § 11 EEffG.

Rules for the application of methods to energy efficiency measures

§ 16. (1) Where an energy efficiency measure relates to a generalized method, this method shall be used, where appropriate with project-specific inputs, for the calculation of energy savings. An application of an individual evaluation according to § 13 is permissible if the requirements of § 13 para. 1 are fulfilled. If a number of generalized methods refer to an energy efficiency measure, the more specific method is to be applied.

(2) For energy efficiency measures which cannot be evaluated by means of generalized methods in accordance with paragraph 1, individual assessments according to § 13 may be carried out on the basis of the specifications in accordance with § 3 bis § 10 and used for the event of a starting date. . If technical reasons for applying a generalized method to an energy efficiency measure were accepted and an individual assessment was developed in accordance with § 13, this evaluation shall be applied exclusively and a further application shall be made available. generalized methods or a new development of a further individual method to evaluate the energy efficiency measure. The existence of the technical reasons for the exception to the application of a generalized method must be explained in a peer-reviewed manner. Such an expert presentation may also be carried out within the framework of the opinion for an individual evaluation.

Documentation of energy efficiency measures

§ 17. (1) Compliance with the documentation requirements and documentation proposals referred to in the respective methods is a prerequisite for the evaluation of an energy efficiency measure. In the preparation of the generalized methods and individual assessments, it is possible, taking into account the provisions of Section 27 (3) EEffG, to make provisions on measures or method-specific documentation requirements.

(2) In the event of a division of energy efficiency measures, an identification number of the parts of the measure shall be supplemented with a continuous, hinted number of parts and the indication of the date of division. The division into energy efficiency measures, which are smaller than one MWh, shall be inadmissible, with the exception of those energy efficiency measures which are shared at the time of the initial measure of action.

(3) Operational energy efficiency methods according to Appendix 1a are:

1.		to be documented in accordance with § 17 EEffG qualified and registered energy auditor or reviewer in accordance with § 9 para. 1 Z 1 and
2.		until the energy efficiency measure has been reported to the monitoring centre by means of a report by the Energy Auditor or the expert in accordance with Z 1.

(4) The monitoring unit shall draw up a report by 1 April 2017 and thereafter annually on the extent to which individual energy efficiency measures in accordance with Annex 1a have been set and credited. The effects shall be presented in accordance with the provisions of Section 4 (5) of the report in the appropriate application of the relevant provisions.

(5) The Monitoring Centre shall have access to a database of measures for the registration of individually assessed or generalized methods for the companies obligated in accordance with § 9, § 10 and § 11 EEffG. to make energy efficiency measures available.

Conversion factors

§ 18. (1) The energy content of certain energy sources shall be determined in accordance with Annex 2. Where no conversion factors have been established for certain energy sources, the conversion factors referred to in Annex IV of the Energy Efficiency Directive shall apply.

(2) The conversion factors for the weight and cavity units of certain energy sources shall be determined in accordance with Annex 3.

Section 5

Final provisions

Evaluation

§ 19. (1) The monitoring body shall keep the measurement methodology and evaluation system in accordance with § 3 bis § 11 and § 14 bis § 18 as well as the individual assessments and generalized efficiency methods in accordance with § 12 and § 13 on an ongoing basis to their factual correctness, To examine the topicality and consistency with the requirements of the European Union and to submit proposals for improvements, updates or supplementary proposals to the Federal Minister for Science, Research and the Economy.

(2) If it is technically necessary for the calculation or evaluation of energy efficiency measures on the basis of generalized methods or individual assessments, further information or a lack of information from meals according to § 9 bis § 11 EEffG shall contact the monitoring agency with the relevant companies and shall request any additional information or information.

Control

§ 20. (1) The monitoring body shall exercise its powers of control conscientiously in accordance with the provisions of EEffG and this Regulation. To this end, the Monitoring Centre is authorized to request reports and evidence to verify compliance with the provisions of the EEffG and this Regulation by the obligated companies according to § 9, § 10 and § 11 EEffG. enable compliance with the requirements of the EEffG and of the Regulation.

(2) The Monitoring Centre shall consider an appropriate percentage of the undertakings obliged to verify their reports and the accuracy of their information in accordance with § 9, § 10 and § 11 EEffG.

(3) In the exercise of its supervisory powers, the Monitoring Centre shall have the right to carry out audits on its audits.

(4) In the event that the monitoring body is aware of deviations from legal requirements in the case of pledges, the person or body concerned shall be immediately informed of this and references to the procedures relating to the law and to this Regulation shall be made available to: .

(5) The monitoring body shall have to determine whether undertakings obligated pursuant to § 9 EEffG shall report on the performance of an energy audit or the introduction of a management system in accordance with § 9 EEffG and all of them according to § 10 and § 11 EEffG committed suppliers have fulfilled their obligations. Until 31 December 2016, the monitoring unit shall examine whether the undertakings committed pursuant to Article 9 (1) and (2) EEffG have carried out the energy audit or whether the company is responsible for the implementation of the energy audit. have introduced the management system.

(6) Within six months of the registration of energy efficiency measures in the database, the monitoring unit may request the basis of the calculation on the basis of individual assessments in accordance with Section 24 (5) EEffG.

Cooperation with district administrative authorities

Section 21 (1). In cases where an EEffG-based company does not comply with its legal obligations under Article 20 (4), the monitoring body shall have the competent district administrative authority of any kind in which the company is obliged to comply with its legal obligations. Commission or omission, as well as the name and address of the pledge.

(2) The monitoring body may request the relevant district administrative authority to provide information on the initiation, status and outcome of the administrative procedure. In the event of a criminal case being submitted by the district administrative authority, the monitoring body shall require the undertaking to carry out the legal obligations pursuant to § 9, § 10 or 11 of the EEffG. , or, where appropriate, to pay any compensatory amounts.

entry into force

§ 22. (1) This Regulation shall enter into force with the next month of the month following its presentation.

(2) The method document pursuant to Article 27 (5) EEffG shall not enter into force with the entry into force of this Regulation.

(3) Energy efficiency measures, which have been set up to the entry into force of the Regulation, shall be set off against the statutory obligation pursuant to § 10 or § 11 EEffG if a method in the method document according to § 27 (5) in conjunction with Annex V EEffG , which assesses this energy efficiency measure. If such a method does not exist, the energy efficiency improvement associated with the set energy efficiency measure is to be presented in a comprehensible and plausible manner in order to be charged on the obligation pursuant to § 10 or § 11 EEffG to be .

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