196. Regulation of the E-Control on the exchange of supply, the new application and the logoff (Exchange Ordinance Gas 2012)

Pursuant to Section 123 (1) and (3) of the Gas Economic Act 2011-GWG 2011, BGBl. I n ° 107/2011 iVm § 7 Abs.1 Energy Control Law-E-ControlG, BGBl. I No 110/2010 in the version of the Federal Law BGBl. I No 107/2011, shall be arranged:

Scope

§ 1. This Regulation regulates the procedure for the exchange of supply, the re-registration and the logout.

Definitions

§ 2. For the purposes of this Regulation:

1.		"logout" means the termination of the energy supply contract and/or of the network access contract;
2.		"automates" any data processing which is automatically carried out by the use of a controlled technical process;
3.		"resignation" means the conclusion of an energy supply contract in the context of a new network access contract, with the condition for network access being an energy supply contract already concluded between supplier and end user;
4.		"procedure" means the expiry of the exchange of supply, the re-registration and the logoff;
5.		"procedural steps" means the individual process steps to be carried out within the procedures;
6.		"change of supply" means the counting point and final consumer identification as well as the binding and dismissal limit query and the actual change;
7.		"change-over period" means the duration of the exchange itself;
8.		"exchange platform" means a communication system, supported by the clearing house, which is supported by the information technology and which is the subject of this Regulation and in the Annex the minimum requirements laid down in this Regulation;
9.		"Exchange date" means a specific date for the start of supply by the new supplier in the course of the exchange of supply, without prejudice to civil law obligations.

Initiation and implementation of procedures

§ 3. (1) The final consumer, who is represented by the new supplier, must be able to apply for the initiation and implementation of the procedures at the network operator on each working day.

(2) The exchange period may, without prejudice to other existing civil law obligations and taking into account the time limits set out in the Annex, be subject to a maximum of three weeks, calculated from the point of view of the actual change by the network operator. .

(3) The initiation and implementation of all procedures shall be carried out via the exchange platform and automated, unless otherwise expressly provided for in the Annex to this Regulation.

(4) The exchange date may, in compliance with civil law obligations, fall to every day.

(5) In accordance with Section 28 (3) (9) of the GWG 2011, a period of no more than 48 hours for network access already established shall be valid for responding to the desire for network access.

Declaration of will and representation

§ 4. (1) A prerequisite for the initiation and implementation of the procedures is an appropriate declaration of intent by the final consumer.

(2) The authorization for the initiation and implementation of the procedures shall be made credible by the new supplier to the network operator and the current supplier in accordance with point 1.2 of the Annex to this Regulation. A random or reasonable examination of the authorization shall be sufficient. Prior to the transmission of consumption data, an authorisation may be reviewed at any time. In accordance with the Annex to this Regulation, only consumption data necessary for the implementation of the procedure shall be transmitted. The data use as well as the data security measures of the suppliers and network operators concerned shall be carried out in compliance with the data protection regulations.

(3) Willener declarations can be made to suppliers and network operators via the exchange platform at all times.

Refusal to carry out the procedures

§ 5. (1) The implementation of the procedures may be refused by the network operator for the following reasons:

1.		where there is a reasonable suspicion that the number of counting points to be changed is associated with another end user;
2.		in the case of existing procedural overcuts;
3.		in the case of an exchange date which is outside the maximum time limit laid down in the Annex to this Regulation for the purpose of carrying out the exchange itself;
4.		on the basis of a network access check.

(2) The implementation of the procedures shall not be refused by the current supplier, in particular for the following reasons:

1.		in the case of an existing minimum contract period of the energy supply contract;
2.		within a time limit to be observed by the end consumer for the termination of the existing energy supply contract.

Tasks of the clearing house

§ 6. (1) The clearing house shall take steps to ensure the authenticity of suppliers and network operators prior to the initiation and implementation of the procedures.

(2) Logging of the procedural steps referred to in point 5.8 of the Annex to this Regulation shall be ensured for the purpose of inspection by the regulatory authority by the settlement body.

(3) Data use as well as the data security measures of the clearing house shall be carried out in compliance with the data protection regulations.

Entry into force and external force

§ 7. (1) This Regulation shall enter into force on 2 January 2013. The one after the 1. Procedures requested in January 2013 shall be carried out in accordance with this Regulation.

(2) The procedures for the reference date 1. January 2013 pursuant to the Exchange Regulation 2011 and Chapter 7 of the Other Market Rules Gas will be applied for by suppliers and network operators in accordance with these regulations.

(3) The Regulation of the Energy-Control GmbH concerning the change of the supplier and the balance sheet group (Exchange Regulation 2011) occurs with the expiry of the 1. Jänner 2013 repeal.

Boltz Count