197. Regulation of E-control over the change of supplier, the registration and deregistration (Exchange regulation current 2012)
On the basis of § 76 para 1 and para 3 of Elektrizitätswirtschafts and Organization Act 2010 - ElWOG 2010, Federal Law Gazette I no. 110/2010 in conjunction with article 7, paragraph 1 Energy Control Act E-ControlG, Federal Law Gazette I no. 110/2010 in the version of Federal Law Gazette I is no. 107/2011, prescribed:
Scope of application
§ 1. This regulation lays down the procedure of changing supplier, the new logon and logoff.
§ 2. The purposes of this regulation 1 "logout" means the termination of the energy supply contract and/or the network use agreement;
2. "automated" each independently running through use of a controlled technological process data processing;
3. "Change of the supplier" the reporting point and consumer identification and the binding notice query and the actual change;
4. "New registration" concluding an energy supply contract in connection with a new network license agreement, where the grid usage requires an energy supply contract concluded between suppliers and end users.
5. "proceed" the process of changing supplier, the new logon and logoff;
6 "Steps" to be taken within the process, individual process steps.
7 "Exchange period" the duration of the actual change.
8 'Exchange platform' one of the Clearinghouse to VoIP integrate supported communication system which has to comply with in this regulation, as well as in the annex to this regulation contained minimum requirements;
9 "Change date" a specific date for the start of the delivery by the new suppliers in the course of changing supplier, without prejudice to civil commitments.
Introduction and implementation of procedures
§ 3 (1) of the consumer, which is represented by the new suppliers, needs can apply for the introduction and implementation of procedures with the operator on each working day.
(2) the exchange period may, take no more than three weeks, calculated from knowledge of the actual change through the network operators claim without prejudice to other existing civil obligations and taking into account the dates specified in the annex.
(3) the introduction and carrying out all procedures have the Exchange platform and automated to occur, not in the annex to this regulation unless expressly provided for otherwise provided.
(4) the date of the Exchange can fall under compliance with the civil law obligations on every day.
Declaration of intent and representation
§ 4 (1) the introduction and implementation of procedures requires a corresponding declaration of intent of the consumer.
(2) the authorization for the introduction and implementation of the procedures is to make credible operator and the current suppliers in accordance with point 1.2 of the annex to Regulation by new suppliers. Checking random or practised in case of justified suspicion, the authorization is sufficient. A power of attorney can be checked at any time prior to the transmission of consumption data. In accordance with the annex to this regulation necessary consumption data is transmitted only for the implementation of the procedure. The use of the data, as well as the safety measures of the affected suppliers and network operators have in accordance with the data protection regulations to be made.
(3) declarations of intent can be placed to suppliers and operators about the change of platform at any time.
Refusal for carrying out the procedures
5. (1) the carrying out of the procedures may be refused the following reasons by the operator: 1. in case of justified suspicion that the counting point label to changing is associated with a different consumer.
2. If existing procedures overlap.
3. in the case of a change of date which lies outside of the maximum period laid down in the annex to this regulation for the execution of the actual change.
(2) the carrying out of the procedures must not be refused by the current suppliers in particular for the following reasons: 1. in existing minimum contract duration of energy delivery.
2. within a period to be observed by the end user for the termination of the existing energy delivery contract.
Tasks of the clearing house
Section 6 (1) has the Clearinghouse arrangements, which ensure the authenticity of suppliers and network operators before initiating and carrying out the procedures.
(2) a logging of the procedure in accordance with item 5.8 of the annex to this regulation is to ensure for the purposes of inspection by the regulatory authority by the clearing house.
(3) the use of the data, as well as the safety measures of the Clearing House are in compliance with the data protection regulations to be made.
Entry into force and expiry
7. (1) this regulation with 2 January 2013 enter into force. The procedures applied for after 1 January 2013 are performed in accordance with this regulation.
(2) the procedures which apply for electricity for the deadline of January 1, 2013 in accordance with Chapter 5 of the other market rules, are still in accordance with Chapter 5 of the other market rules making electricity suppliers and network operators.