140. Regulation of the Federal Minister for Economic Affairs, Family and Youth on the notification and reporting of prices for gas and electricity for the industrial end users and related other information according to the price transparency law (Price transparency regulation-Gas and electricity 2012)

On the basis of § 2 of the Price Transparency Act, BGBl. No. 761/1992, as last amended by the Federal Law BGBl. I No 107/2011, shall be arranged:

Section 1

Notification duty

§ 1. The communication of gas and electricity prices charged by gas and electricity undertakings to industrial and industrial end users and the other information provided by the Federal Minister for Economic Affairs, Family and Youth to the Statistical Office of the European Communities (EUROSTAT) pursuant to § 2 (1), first sentence of the Price Transparency Act, BGBl. No. 761/1992, in the version of the Federal Law BGBl. I No 107/2011, as well as the collection, processing and transmission of the data, shall be carried out in accordance with the following provisions.

Section 2

Gas prices

§ 2. Gas within the meaning of this Regulation shall be natural gas.

§ 3. (1) The final consumer shall be considered to be all industrial consumers and domestic commercial consumers who use gas via piping for their own consumption, as far as paragraph 2 of this article is not intended to be otherwise.

(2) The following end users shall be excluded from the scope of this Regulation:

1.		End users who use gas for power generation in power plants or cogeneration plants;
2.		End users who use gas for non-energy purposes (e.g. chemical industry);
3.		Final consumer of gas with a consumption of over 4 000 000 GJ per calendar year.

§ 4. Gas prices shall be recorded for the following groups of end consumers:

Final consumers	Annual gas consumption (GJ)
	Lowest value	Highest value
Group I1		< 1 000
Group I2	1 000	< 10 000
Group I3	10 000	< 100 000
Group I4	100 000	< 1 000 000
Group I5	1 000 000	≤ 4 000 000

§ 5. (1) The basis for the communications and other information referred to in § 1 shall be those prices charged to the final consumers for the gas they relate to by means of pipelines for their own consumption. Prices are to be stated in Euro per gigajoule. The energy unit used is determined on the basis of the calorific value (upper calorific value).

(2) The prices shall be expressed as national average prices, with all types of industrial gas consumption being recorded. Prices must include all charges incurred: network charges and energy consumption (price per unit of energy), minus any rebates or bonuses, plus any other charges (meter rental, basic fees, etc.). Non-recurring connection fees shall not be taken into account.

(3) The prices shall be indicated as follows:

1.		prices excluding taxes, taxes and other government-related charges;
2.		Prices excluding VAT and other eligible taxes,
3.		Prices including all taxes, charges, other state-related charges and sales tax.

(4) The following principles shall apply to the calculation of prices:

1.		The prices shall be expressed as weighted average prices, the market shares of the gas undertakings covered shall be used as weighting factors. If no weighted values can be calculated, the arithmetic average prices shall be indicated.
2.		The market shares are derived from the quantity of gas invoied to industrial and commercial end consumers by the gas companies. Where possible, the market shares for each consumer group shall be calculated separately.
3.		In order to maintain confidentiality, the data relating to prices shall be notified by the body charged pursuant to Article 2 (2) of the Price Transparency Act only if at least three end users in Austria are provided for in the provisions of Section 4 of the Price Transparency Act. there are individual categories.

§ 6. Natural gas undertakings selling gas to final consumers shall each have 1. Jänner and 1 July each year to the end users gem. § 3 (1) during the six months provided for in the previous six months and the proceeds to be collected in accordance with the requirements set out in § § 3 to 5 and these data of the body commissioned pursuant to § 2 para. 2 of the Price Transparency Act in each case to the 31. Jänner or 31 July. The first communication of price data to EUROSTAT relates to the level of 1. Jänner 2008.

§ 7. (1) With the price report at stand 1. Jänner shall also provide information on the main average characteristics and factors affecting the prices reported for each consumer group. Such information shall include:

1.		the average level of utilization for end users for each consumer group on the basis of total energy consumption and the average maximum take-up,
2.		a description of the discounts for interruptible supply contracts and
3.		a description of the basic fees, counter-rents or other charges which are of importance at national level.

(2) With the price report at stand 1. Jänner shall also provide the rates and methods of calculation and a description of the taxes levied on the sale of gas to the final consumer. This should also include all non-tax burdens and public service obligations. The information on taxes, charges and other state-related charges shall be divided into three sections:

1.		prices excluding taxes, charges and other government-related charges: taxes, charges, non-tax charges, charges, fees and other financial levies which are not shown on the bill for the final consumer;
2.		Prices excluding VAT and other eligible taxes: taxes, charges and other state-induced charges, which are shown on the bill for the final consumer and are not eligible for reimbursement;
3.		Prices including all taxes, charges, other state-related charges and sales tax: VAT and other eligible taxes, which are shown on the invoice for the final consumer.

(3) In particular, taxes, charges, non-tax charges, charges, fees and other financial levies within the meaning of paragraph 2 of this Article shall include:

1.		sales tax;
2.		Concession duties shall include, in particular, licences and charges for the use of State or private ownership of the network or other gas supply facilities;
3.		Environmental taxes, levies or charges including, in particular, contributions to the promotion of renewable energy sources or cogeneration or charges on CO 2 , SO 2 -or other emissions related to climate change;
4.		other taxes, charges or other state-induced pressures in the energy sector, including, in particular, levies on the performance of public service obligations or charges for the financing of energy regulators;
5.		other taxes or charges other than those linked to the energy sector, including, in particular, national, local or regional taxes on energy consumption and taxes on gas distribution;

(4) Income taxes, basic taxes, excise duties on oil products, road tolls, taxes on telecommunications and radio licences, advertising, royalties, waste taxes are not covered.

§ 8. Every two years, together with the price report, are at stand 1. To also provide information on the treatment system used. They include, in particular, a description of the survey and its coverage (number of gas utilities covered, total market share, etc.), which are used to calculate weighted average prices. Criteria and the consumption of the individual consumer groups. The first communication on the dress-up system concerns the level of 1. Jänner 2008.

§ 9. The Federal Minister for Economic Affairs, the Family and Youth, or the body commissioned pursuant to Section 2 (2) of the Price Transparency Act, doubts the accuracy or completeness of the data or, statistically, presents EUROSTAT with the data provided. significant anomalies or inconsistencies shall be determined by the notifiable undertakings at the request of further data, communications or information necessary for the performance of the obligations pursuant to section 2 (1) of the price transparency law -to be followed. The Federal Minister for Economic Affairs, the Family and Youth shall immediately transmit this information, data, communications or information to EUROSTAT.

Section 3

Electricity prices

§ 10. The final consumer is all industrial consumers and domestic consumers in the domestic sector who are receiving electricity from the public network for their own consumption.

§ 11. Electricity prices are to be recorded for the following groups of end consumers:

Final consumers	Annual electricity consumption (MWh)
	lowest value	highest value
Group IA		< 20
Group IB	20	< 500
Group IC	500	< 2 000
Group ID	2 000	< 20 000
Group IE	20 000	< 70 000
Group IF	70 000	≤ 150 000

§ 12. (1) The basis for the notifications and other information referred to in § 1 shall be those prices charged to the final consumers for the electricity they relate to from the public network for their own consumption. The prices are to be expressed in euro per kWh.

(2) The prices shall be expressed as national average prices, with all types of industrial electricity consumption being recorded. Prices must include all charges incurred: network charges and energy consumption (price per unit of energy), minus any rebates or bonuses, plus any other charges (operating costs, marketing costs, meter rental) Etc.). Non-recurring connection fees shall not be taken into account.

(3) The prices shall be indicated as follows:

1.		prices excluding taxes, taxes and other government-related charges;
2.		Prices excluding VAT and other eligible taxes,
3.		Prices including all taxes, charges, other state-related charges and sales tax.

(4) The following principles shall apply to the calculation of prices:

1.		The prices shall be expressed as weighted average prices, with the market shares of the electricity undertakings covered being used as weighting factors. If no weighted values can be calculated, the arithmetic average prices shall be indicated.
2.		The market shares are the result of the amount of electricity charged to industrial consumers by the electricity companies. Where possible, the market shares for each consumer group shall be calculated separately.
3.		In order to maintain confidentiality, the data relating to prices shall be notified by the body charged pursuant to Article 2 (2) of the Price Transparency Act only if at least three end users in Austria are provided for in the provisions of Section 11 there are individual categories.

§ 13. Electricity companies selling electricity to end consumers according to § 10 shall each have 1. January and 1 July of each year to collect the quantities delivered to the end users during the six previous months and the proceeds obtained from them in accordance with the requirements laid down in § § 10 to 12 and these data of the data provided pursuant to § 2 para. 2 of the Price Transparency Act shall be replaced by the following 31. Jänner or 31 July. The first communication of price data to EUROSTAT relates to the level of 1. Jänner 2008.

§ 14. (1) With the price report at stand 1. Jänner shall also provide information on the main average characteristics and factors affecting the prices reported for each consumer group. Such information shall include:

1.		the average level of utilization for end users for each consumer group on the basis of total energy consumption and the average maximum take-up,
2.		a table of voltage levels per country and
3.		a description of the basic fees, counter-rents or other charges which are of importance at national level.

(2) With the price report at stand 1. Jänner shall also be responsible for the rates and methods of calculation and a description of the taxes levied on electricity sales to the final consumer. This should also include all non-tax burdens and public service obligations. The information on taxes, charges and other state-related charges shall be divided into three sections:

1.		prices excluding taxes, charges and other government-related charges: taxes, charges, non-tax charges, charges, fees and other financial levies which are not shown on the bill for the final consumer;
2.		Prices excluding VAT and other eligible taxes: taxes, charges and other state-induced charges, which are shown on the bill for the final consumer and are not eligible for reimbursement;
3.		Prices including all taxes, charges, other state-related charges and sales tax: VAT and other eligible taxes, which are shown on the invoice for the final consumer.

(3) The taxes, charges, non-tax charges, charges, fees and other financial levies referred to in paragraph 2 shall include, in particular, the following:

1.		sales tax;
2.		Concession duties shall include, in particular, licences and fees for the use of land, state or private ownership of the electricity grid or other power supply facilities;
3.		Environmental taxes, levies or charges including, in particular, contributions to the promotion of renewable energy sources or cogeneration or charges on CO 2 -, SO 2 -or other emissions related to climate change;
4.		Nuclear power and other oversight charges, including decommissioning fees for nuclear power plants;
5.		Supervisory charges and charges for nuclear power stations;
6.		other taxes, charges or other state-induced pressures in the energy sector, including, in particular, levies on the performance of public service obligations or charges for the financing of energy regulators;
7.		other taxes or charges other than those linked to the energy sector, including, in particular, national, local or regional taxes on energy consumption or taxes on electricity distribution.

(4) Income taxes, basic taxes, excise duties on oil products and fuels for purposes other than electricity generation, road tolls, taxes on telecommunications and radio authorisations, advertising, royalties and waste taxes are not collected.

§ 15. (1) With the price report at stand 1. Jänner shall also provide a breakdown of electricity prices into their main components. It should be noted that the total electricity price per consumer group is the sum of the "network prices", the "prices for energy and supply" (ie. from production to marketing with the exception of the electricity grid), as well as all taxes, charges and other state-related burdens.

(2) The "net price" shall be equal to the ratio of the revenue from the transmission and distribution tariffs and (if possible) the corresponding kWh quantity per consumer group. If separate data on the kWh quantity per consumer group are not available, estimates are to be made. The "Energy and Supply Price" is the result of the total price minus the "net price" and all taxes, charges and other government-related charges. Taxes, charges and other government-related charges shall be broken down as follows:

1.		Taxes, charges and other government-related charges on "net prices",
2.		taxes, levies and other government-related charges on "energy and energy prices",
3.		Sales tax and other refundable taxes.

(3) If additional services other than those mentioned in paragraph 2 are identified separately, they may be assigned to one of the three main components as follows:

a)			"net prices" shall cover the following costs: transmission and distribution tariffs, transmission and distribution losses, network costs, customer service costs, system maintenance costs and meter hire;
b)			"Energy and supply prices" shall cover the following costs: generation, storage, balancing energy, costs of energy delivered, customer services, customer service management, reading costs and other supply costs;
c)			"Other specific costs" shall include the following costs: costs which are not net costs, costs of energy and supply or taxes. Such costs shall, if any, be disclosed separately.

§ 16. Every two years, together with the price report, are at stand 1. To also provide information on the treatment system used. In particular, they shall include a description of the survey and its coverage (number of electricity undertakings covered, their total market share, etc.), the criteria used to calculate the weighted average prices as well as the consumption of the individual consumer groups. The first communication on the dress-up system concerns the level of 1. Jänner 2008.

§ 17. Where the Federal Minister for Economic Affairs, the Family and Youth, or in accordance with Section 2 (2) of the Price Transparency Act, doubts, completeness or conformity with the above provisions, or if EUROSTAT is responsible for: the notified data shall be subject to statistically significant abnormalities or inconsistencies, the notifiable undertakings shall, on request, have further data necessary for the fulfilment of the obligations laid down in Article 2 (1) of the price transparency law, to provide communications or information without delay. The Federal Minister for Economic Affairs, the Family and Youth shall immediately transmit this information, data, communications or information to EUROSTAT.

Section 4

Entry into force; external force

§ 18. This Regulation shall enter into force with the day following the presentation. At the same time, the Regulation of the Federal Minister for Economic Affairs concerning the notification and notification of gas and electricity prices of gas and electricity supply companies of the industrial end users and their associated companies other information according to the price transparency law, BGBl. No 231/1995, except for force.

Mitterlehner