227. Regulation of the Federal Minister of economy, family and youth, with the raw material surcharges for plants on the basis of biogas for the 1st half of the calendar year 2012 be determined (raw material surcharge regulation 2012)
Due to § 11a paragraph 6 of the green electricity Act (ÖSG), Federal Law Gazette I no 149/2002, as last amended by Federal Law Gazette I no. 104/2009, is prescribed:
§ 1 (1) for the period from 1 January to 30 June 2012 is, in accordance with the § 11a paragraph 6 to 9 ÖSG, for plants that generate electricity on the basis of biogas from renewable raw materials and on October 19, 2009 a contract for the purchase of green power by the eco power clearing agency at the prices, which are determined by regulation in accordance with article 11, paragraph 1 that has lasted, in addition to the granted by regulation in accordance with § 11 ÖSG given prices a raw material surcharge of 3 cents / kWh.
(2) equipment referred to in paragraph 1, which get no feed-in tariffs in accordance with § 10 in conjunction with § 11 ÖSG, are excluded from the granting of raw material surcharges.
Applications for payment of the surcharges are section 2 (1) be submitted three months after the entry into force of the regulation, the eco power settlement agency.
(2) operators of eco-electricity plants based on biogas have to submit a commodity balance ÖSG with the application in accordance with paragraph 1 of the eco power settlement agency pursuant to § 11a paragraph 8 in conjunction with § 3. No raw material surcharges may be granted in the case of breach of this requirement.
§ 3. on the occasion of the withdrawal of the raw material surcharges in accordance with § 11a paragraph 7 ÖSG has the eco power clearing agency the plant operators pursuant to § 11a paragraph 9 ÖSG to point out, that economically effective decline in commodity prices, the facts of the excess supply is met and an aliquot of the received raw material surcharge will be recovered.