Gas Act 2011 And Amendment Of The Energy Control Act And The Price Transparency Act

Original Language Title: Gaswirtschaftsgesetz 2011 sowie Änderung des Energie-Control-Gesetzes und des Preistransparenzgesetzes

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997944/gaswirtschaftsgesetz-2011-sowie-nderung-des-energie-control-gesetzes-und-des-preistransparenzgesetzes.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
107. Federal law that allows the gas Act 2011 adopted and changed the Energy Control Act and the price transparency law

The National Council has decided:

Table of contents



Article 1 Gas Act 2011 article 2 amendment to the Energy Control Act article 3 amendment of the price transparency Act article 4 repeal of article I of the Federal Act Federal Law Gazette No. 174/1995 article 1

Federal law, issued the new regulations in the sphere of the natural gas industry (gas Act 2011 - 2011 MLA)

Table of contents

1 part

Principles


§ 1 constitutional provision § 2. reference to Union law § 3. scope § 4. objectives § 5. public service obligations § 6 principles and operation of natural gas undertakings section 7 definitions 2. part

Accounting, confidentiality, rights of access and inspection rights, prohibition of discrimination and cross-subsidies


§ 8 accounting, prohibition of cross-subsidies section 9 prohibition of discrimination § 10 rights of information and insight article 11 confidentiality 3. part

The operation of networks

1. main piece

Market and distribution areas

1 section

Market areas and market area manager


§ 12 market areas § 13 market area manager § 14 duties of the market area manager § 15 independence of market area manager § 16 General conditions of market area Manager 2 section

Distribution areas and distribution area manager


§ 17 distribution area manager § 18 obligations the Distributor area manager § 19 cooperation of the market area manager and distributor area manager § 20 independence of the distribution area manager § 21 management of transport capacity in the area of distribution § 22 long-term planning § 23 monitoring of long-term planning § 24 charge for the distribution area manager § 25. Measures for the Elimination of short - or medium-term capacity bottlenecks § 26 general conditions of the distribution area Manager 2. main piece

General rights and obligations of the network operator

1 section

Network access


§ 27 network access in the distribution network § 28 conditions for network access to distribution systems § 29 changing network conditions § 30 quality standards for the Web services consumer connected to the network § 31 network access in the transmission grid § 32. conditions for network access to long-distance lines § 33. refusal of network access 2 section

Specifications for network access


§ 34. capacity determination § 35. demonstrable capacity § 36. capacity and allocation § 37. offer of an interruptible capacity § 38. trading of capacity rights § 39. online platform for offering capacity § 40. claim on transmission capacity § 41. procedure to determine by regulation 3. section

Exceptions to access to the network

§ 42. 3. new infrastructure main piece

Exercise requirements for network operators

1 section

Prerequisites


§ 43. permission § 44. permit requirements § 45. Technical Manager § 46. Managing Director § 47. obligation to operate 2 section

Liability


§ 48. liability § 49. limits of liability § 50th Disclaimer § 51. proof of completion of a liability insurance policy 3. section

Void the authorization for the operation of a network


§ 52. ending facts § 53. abduction § 54. restructuring § 55. dissolution of a registered partnership § 56. completion of the approval of article 57. Measures for security of natural gas supply 4. main piece

Operation of networks

1 section

Distribution networks


§ 58. the distribution system operator obligations § 59. General port duty § 60. load profiles § 61. 2. information requirements section

Transmission networks


§ 62. obligations of system operators § 63. co-ordinated network development plan § 64. approval of the network development plan § 65. monitoring of the network development plan § 66. capacities for flows in both directions 3 section

Common provisions

§ 67. power coupling contract 4 part

Virtual trading point

§ 68. tasks and obligations of the operator of the virtual trading point 5th part

System usage fees

1. main piece

Procedure for setting the system usage fees


§ 69. determining the cost base § 70. system usage fees and compensation § 71. Regulation account 2 main piece

Remuneration components


§ 72. provision of system usage fees § 73. network license fee in the distribution system § 74 network use charge in the transmission system § 75. network access charge § 76. network deployment charge § 77. remuneration for measuring performance § 78. fee for other services 3. main piece

Principles of cost and quantity determination


§ 79 cost calculation for distribution system operators § 80. financing costs for distribution system operators § 81. determination of the quantity structure for distribution system operators § 82. cost and quantity determination for transmission system operators 4th main piece

Principles of fee determination


83. determination of remuneration and costs rolling § 84. network levels, and network areas part 6

Balance sheet group system

1. main piece

Clearinghouse for transactions and pricing for the balance energy (balance Group Coordinator)


§ 85. concession § 86. exercise conditions § 87. tasks § 88. General terms and conditions § 89. clearing fee 2 main piece

Balance group


§ 90. Summary of network users in balance group § 91. tasks and duties the balance § 92. General terms and conditions of the balance § 93. approval of the balance § 94. revocation and cancellation of the approval § 95. allocation of utilities to balance groups § 96. physical settlement agent for gas exchange transactions 7 part

Memory company


§ 97. access to storage facilities § 98. proceedings concerning access to storage facilities § 99. storage fees negotiated memory access § 100 storage fees for the regulated memory access § 101. submission of contracts § 102. General conditions for storage access § 103. capacity allocation procedure § 104. congestion management § 105. obligations of memory company 8 part

Unbundling

1. main piece

Unbundling of distribution system operators

§ 106. prerequisites 2. main piece

Unbundling of storage companies

§ 107. prerequisites 3. main piece

Unbundling of transmission system operators

1 section

Ownership unbundling of transmission system operators

§ 2. 108. Prerequisites section

Independent system operator (independent system operator - ISO)


§ 109. conditions § 110. obligations § 111. independence of the transmission system owner 3 section

An independent transmission system operator (independent transmission system operator - ITO)


§ 112. assets, independence, local services, likelihood of confusion § 113. independence of the transmission system operator § 114. independence of the company management and the employee § 115. independence of the supervisory body § 116. compliance programme and compliance officer 4. section

More effective independence of the transmission system operator

§ 117. requirements 5 section

Combination operators

§ 118. 6 combination operator section

Procedures in relation to transmission system operators


§ 119. procedure for the certification and designation of transmission system operators § 120. procedures for the certification of transmission system operators as regards third countries 9 part

Natural gas distributors and suppliers

§ 121. obligations 10 part

Obligations to customers


§ 122. network access permission § 123. change of the provider or of the balance group and new registration process § 124. provider of last resort § 125. General terms and conditions for the supply with gas § 126. minimum requirements for invoices and information and promotional material § 127. switching off the mains connection and inform of the customer § 128. intelligent instruments § 129. measurement data of intelligent instruments § 130. designation of origin (labelling) 11 part

Monitoring tasks

§ 131. 12 monitoring tasks part

Dispute resolution

§ 132. procedure 13 part

Natural gas transmission facilities and storage facilities outside of the mineral resource law

1 section

Characteristics of natural gas systems

§ 133. technical minimum requirements for pipe equipment 2 section

Establishment and dissolution of gas supply systems


§ 134. authorisation § 135. conditions § 136. preliminary examination § 137. approval of natural gas systems § 138. Parties § 139. notification duties at start and end of operation § 140. self-monitoring § 141. cancellation of the approval of section 142. Unauthorized § 143. natural gas transmission facilities interim security measures § 144. preparatory work for the construction of a natural gas line plant 3 section

Expropriation

§ 4. 145. expropriation section

Storage facilities outside of the mineral resource law and measures relating to the control of major-accident hazards

§ 146. scope of application 14 part

Statistics

§ 147. arrangement and carrying out statistical surveys 15 part

Authorities and procedures

1 section

Authorities

§ 148. competence of the authorities in gas matters 2 section

Preliminary examination and procedures for approval of natural gas systems


§ 149. preliminary examination procedure § 150 of the approval proceedings § 151. permitting and consultation rights § 152. concentration of procedure § 153. approval


3. section

Procedures for the implementation of expropriation

§ 154. expropriation procedures 16 part

Special organisational regulations


§ 155. order an ad litem § 156. rights of access and confidentiality § 157. obligation to pass tax cuts § 158. Automationsunterstützter traffic 17 part

Penalties and fines

1. main piece

Administrative offences


§ 159. General penalty provisions § 160. withholding of tax cuts § 161. Konsensloser operation § 162. price gouging § 163. limitation 2 main piece

Fines


§ 164. discrimination and other fine facts § 165. participating companies and succession § 166. assessment § 167. limitation 3. main piece

Court criminal offences

§ 168. unlawful disclosure or use of data 18 part

Invalidation -, transitional and final provisions


§ 169. entry into force of § 170. transitional provisions § 171. enforcement 1 part

Principles

Constitutional provision

§ 1.(Verfassungsbestimmung) the matters governed by this federal law can be provided directly by the facilities provided for in this regulation.

Reference to European Union law

§ 2. Be by this federal law, taking into account Regulation (EC) No. 713/2009 establishing an agency for the cooperation of energy regulators, OJ No. L 211 of August 14, 2009, p. 1,



1. the directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, OJ No. L 211 of August 14, 2009, p. 94, (natural gas internal market policy) and;

2. Directive 2006/32/EC on energy end-use efficiency and energy services and repealing Directive 93/76/EEC, OJ No. L 114 of 27.04.2006, p. 64, implemented, as well as in 3. Regulation (EC) No. 715/2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) no 1775/2005, OJ No L 211 of August 14, 2009, p. 36, and 4 Regulation (EU) No. 994/2010 on measures to ensure of security of gas supply and repealing Directive 2004/67/EC of the Council, OJ No. L 295 of the 12 November 2010, p. 1, the implementation by the Member States reserved provisions carried out.

Scope of application

3. (1) this federal law has



1. the issue of rules for the transmission, distribution, purchase or supply of natural gas, including access to the networks and storage access;

2. the control of the system user fees and rules concerning accounting, internal organisation, unbundling and transparency of accounts of natural gas undertakings;

3. the establishment of other rights and obligations for undertakings, as well as 4 the construction, expansion, modification and operation of gas transmission facilities on the subject, unless otherwise stated in paragraph 2.

(2) from the scope of this federal law are excluded:



1. those activities, for which a mining permission or storage permit according to the provisions of the mineral raw material Act (MinroG), Federal Law Gazette I no. 38/1999, is necessary;

2. natural gas systems, which are part of a commercial operating system and are within the site, and 3. the establishment and operation of natural gas transmission facilities from the end of the House.

Objectives

§ 4. The aim of this federal law is



1. the Austrian population and economy to provide natural gas eco-friendly, inexpensive, sufficient, safe and high quality and to ensure its effective use, in particular also in the conversion of electricity and heat, as well as to create the infrastructure necessary to the security of gas supply of Member States of the community;

2. organisation of the market for the natural gas economy in line with the EU's primary law and the principles of the internal gas market in accordance with the natural gas market directive to create;

3. through the introduction of the calculation of the system user fees and proceedings costs rolling a reasonable sharing of the costs of network on the network user to cause;

4. compensation for public service obligations in the general interest to create, that were imposed on the operators and which relate to security, including security of supply, regularity, quality and price of supplies and environmental and climate protection;

5. the basics for an increased use of the potential of biogenic gases for the Austrian gas supply to create;

6. the compliance of infrastructure in accordance with article 6 of Regulation (EU) to ensure no. 994/2010.

Public service obligations

5. (1) following public service obligations in the general interest be imposed on operators:



1. the equal treatment of all customers of a network with the same characteristics of the transport performance;

2. the accounts of private contracts with network users via connection to their natural gas pipe systems (General port duty);

3. establishing and maintaining a sufficient natural gas infrastructure for the domestic supply of natural gas and for the fulfilment of international commitments.

(2) the undertakings imposed following public service obligations in the general interest:



1. the achievement in § 4 Z 1 and 2 stated objectives with the resources available to them;

2. the fulfilment of the obligations imposed by law in the public interest.

(3) natural gas companies have the best possible fulfilment of obligations imposed on them in accordance with paragraph 1 or 2 in the general interest with all available means to strive for.

Principles and operation of natural gas companies

§ 6 natural gas companies have to act as customer - and competition-oriented provider of energy services based on the principles of a safe, low-cost, environmentally-friendly and efficient deployment of the requested services, as well as a competition-oriented and competitive natural gas market. These principles have to anchor business objectives.

Definitions

The term may refer to § 7 (1) within the meaning of this federal law



1. "Agency" the Agency for the cooperation of energy regulators in accordance with Regulation (EC) No. 713/2009 of 13 July 2009 establishing an agency for the cooperation of energy regulators, OJ No. L 211 of 14.08 2009 p. 1;

2. "Balancing" the difference between application and levy of a balance group of ever defined measurement period, whereby the energy per measuring period; actually recorded or calculated

3. "Exit point" a point at which gas can be removed from a network, a network operator, except by the final consumer;

4. "Balance group" the summary of the users of the network to a virtual group within which is a balance between generation and distribution;

5. "Balance Group Coordinator" the operator of a clearing house in accordance with Z 67;

6. a "Managed" compared to other market participants and the balance Group Coordinator natural or legal person or registered partnership, which represents the members of a balance group;

7 'Direct line' one in addition to the interconnected grid built natural gas pipeline;

8 "Third countries" States, that not the agreement on the European economic area joined or not are a member of the European Union;

9 "Feeder" a natural or legal person or registered partnership, the natural gas or biogenes gas at one point to the transport passes.

10 "supply point" a point on the gas to a network operator to whose network or subnet can; be passed

11 "Consumer" a natural or legal person or registered partnership, the natural gas for their own use purchases;

12 "Extractor" a natural or legal person or registered partnership, the natural gas at an exit point takes over;

13 ENTSO (gas) the European network of transmission system operators for gas in accordance with article 5 of Regulation (EC) No. 715/2009;

14 buy a natural or legal person or registered partnership, the natural gas 'Natural gas traders' or sold, without inside or outside of the network, in which it is furnished, a transmission or distribution function;

15. "Natural gas management facility" means a facility, which is built by natural gas by pipeline or pipeline network or direct lines of distribution for the purpose of transmission, or operated unless there is a upstream pipe plant (Z 77); natural gas pipelines are including compressor stations, Newt locks, valve stations, weather stations and gas pressure control equipment;

16 is a natural or legal person or registered partnership, which at least one of the functions of transmission, distribution, supply, sale, purchase or storage of natural gas, including liquefied natural gas in profit-making 'Natural gas undertaking' and is responsible for the commercial, technical or maintenance-related tasks related to those functions, with the exception of the final consumer; According to Z 58, section 13 and section 17 are natural gas undertakings;

17.

'Roadmap' that document that specifies what amount of energy per unit of time in a constant time interval (measurement periods) to the end customer care or single - board in or out of the distribution system is intended;

18. "transmission means" the transport of natural gas through a network of comprehensive mainly, with exception of upstream pipeline network, and of the part of high-pressure pipelines, used primarily in connection with the local distribution of natural gas to enable the supply of customers, but not the supply of customers.

19. "Transmission facility" means a natural gas pipe system for the purpose of the transmission.

20 "Transmission system operator" means a natural or legal person or registered partnership, which performs the function of transmission and is responsible for the operation, maintenance and, if necessary, developing the transmission network in a given area and, where appropriate, the interconnections with other systems and for ensuring the long-term ability of the system to transport gas to satisfy reasonable demands;

21 "Home port" that part of the distribution network, which allows you to connect the distribution system with the systems of the customer; He starts from the network connection point (Z 40) the distribution system existing at the time of the conclusion of the contract about the making of the connection and ends with the main shut-off device or, if available, with the home regulator. A possible House pressure regulator in the unit of the end user is part of the House Party.

22 "home regulator" a pressure regulating device owned by the operator with a pressure range from an input-side pressure greater than 0,5 bar (0,05 MPa) and less than or equal 6 bar (0,6 MPa) on a downstream pressure less than or equal than 0,5 bar (0,05 MPa), if the pressure control device is not part of a commercial operating system.

23 a natural gas company, that at least one of the functions of transmission, distribution, supply, sale, purchase or storage of natural gas takes 'horizontally integrated natural gas undertaking' and also exercises continued outside the range of natural gas;

24. "hub - service company" means a company which provides services to support natural gas trades.

25 "integrated natural gas undertaking" a vertically or horizontally integrated natural gas undertakings;

26 "smart meter" a technical device, which captures the meter readings in the grid of hours and which has over a remote readable data transfer. These devices are designed for a comprehensive installation and differ in type, application and transfer of the load profile meters;

27 "kennzeichnungspflichtiges advertising material" any advertising material addressed to consumers, on the sale of natural gas is aligned. This includes a fall) promotional material for the product sales for individual customers, such as product brochures;

(b) other standardized product-print media, which are geared for sale;

(c) online product advertising;

28 companies "Small businesses" 1 KSchG, which employ fewer than 50 persons in the sense of § 1 para 1 Z, consume less than 100 000 kWh/year on gas and have an annual turnover or an annual balance sheet total not exceeding EUR 10 million;

29 ' commercial hub services ' services to support natural gas trades, such as tracking in particular "title" (see title transfer of natural gas from commercial transactions);

30 rights, contracts or any other means, which individually or collectively provide the possibility, taking into account all the factual or legal circumstances, to exert a decisive influence on the activity of a company, in particular by a 'Control') ownership or rights of use of all or parts of the assets of the company;

b) rights or contracts which grant a decisive influence on the composition, the deliberations or decisions of the organs of the company;

31 'Rolling of the cost' a. method of calculation applied pro rata to assign the costs of all power levels above to the connection power level a consumer collective;

Consumer, natural gas dealer or natural gas company, the natural gas purchase 32. "Customers";

33. 'long-term planning' long-term planning of supply and transportation capacity of natural gas undertakings to cover the demand of natural gas, to the diversification of supply sources and securing supplies to customers;

34. "Load profile" one in time intervals represented reference amount or quantity of a single power supply unit or discharge shall;

35. "Load profile meter" is a technical device, which captures the actual speed of load in the grid of hours;

36. "Market area" is a summary of networks of different network providers in a network access authorized flexible; use booking capacities at on and off dining points

37. "Market rules" the sum of all rules, regulations, and rules on statutory or contractual basis, to comply with the market participants in the natural gas market have to allow an orderly functioning of this market and to maintain;

38. 'Economic operators' balance, balance sheet group members, catering, natural gas traders, producers, network users, customers, consumer, balance group coordinators, transmission system operators, distribution system operators, market area manager, distribution area manager, memory company publicly traded companies and hub service providers;

39. "network" any transmission or distribution networks, which include a natural gas undertaking or/and operated by him, including his, used to support services (E.g., control and measuring devices), and the equipment of related companies, which are required for access to the transmission and distribution;

40. "Power point" to the collection or supply of natural gas technically suitable place of the existing network at the time of the conclusion of the contract about the making of the connection, under consideration of the economic interests of the network user.

41. a network feeds from any natural or legal person or registered partnership, which feeds into a network, "Network user" or it is supplied or their system on a network is connected;

42. "Power range" those part of a network, use same system usage fees apply;

43. "Network operator" every transmission or distribution system operators;

One "Power level" 44th in the main portion determined by the pressure level of the network;

45. "Network coupling point" a point at the networks of different operators are connected;

46. "Network access" the use of a network;

47. "net beneficiaries" a natural or legal person or registered partnership, which sought access to networks, in particular natural gas company, as far as this is necessary for the performance of their duties;

48. "Network access agreement" the completed in accordance with of article 27 or of section 31, individual agreement between the network access controller and a network operator, which regulates the power point or the entry and exit points and the use of the network;

49. "Network access" the first-time production of a network connection or the change in the capacity of an existing network connection.

50 "new infrastructure" new gas infrastructure, interconnectors and storage facilities, which are; not been completed until August 4, 2003 are

51.; "Nomination" that amount of energy per a set time interval, on an inlet or exit point of the transmission network or at the virtual trading point transferred or taken over

52. "Producer" a natural or legal person or registered partnership, the natural gas WINS;

"Technical rules, which contain principles derived from science or experience in technical field, and their accuracy and usefulness in practice are generally considered proven; rules of technology 53." compliance with the relevant rules of technology is suspected if the erection, enlargement, the change during operation and maintenance the technical rules of the ÖVGW and the ÖNORM are followed;

54. that energy to compensate for short-term fluctuations in pressure in the network, that occur within a certain interval, "Balancing energy" is.

55. "Security" both security of supply with and the provision of natural gas as the operating security and safety;

56. "other market rules" that part of the market rules, I no. 110/2010, will be created no. 1 of the Federal Act on the regulator in the power and gas sectors (Energy Control Act E-ControlG), BGBl. According to section 22 para 1 and on the basis of legal arrangement in the form of approved policies gained validity;

57. 'Storage facility' a, a natural gas company owned and/or operated by facility for storage of natural gas, with the exception of the part, which for the activities referred to in mineral resource law used; excluded are also institutions which are reserved exclusively system operators in carrying out their functions;

58.

'Storage undertaking' is a natural or legal person or registered partnership, which performs the function of storage and is responsible for operating a storage facility; This, it is sufficient that the company just manages the storage system;

59. "memory access entitled" a natural or legal person or person Corporation that desires memory access, in particular natural gas company, as far as this is necessary for the performance of their duties;

60. "State of the art" the State of development based on relevant scientific knowledge advanced technological procedures, facilities, and operating methods, tried and proven that it is functional. in determining the State of the art are especially comparable processes to attract facilities or operations;

61. a "standardized load profile" by a suitable procedure for a particular feeder or discharge employees group characteristic load profile;

62. 'system user fee"the fee payable for the supply of natural gas in a network or the Board or removal of natural gas from the mains;

63. "Interconnector" a pipeline that crosses a border between Member States or spans and only purpose is to connect the national transmission systems of these Member States;

64. 'connected undertakings' a) an associated company within the meaning of section 228 para 3 UGB, b) an associated company within the meaning of § 263 1 UGB or c) two or more undertakings, whose Aktionäre are identical;

65. "Grid" is a number of networks which are connected to each other.

66. "available cable capacity" the difference of the maximum technical capacity, which on and off dining points over long distance or distribution lines from - or can be forwarded to and actually used performance at any given time on the on and off feeding points of each gas line system;

67. "Clearinghouse for transactions and pricing for balance energy" is a body referred to in article 85 in the distribution system;

68. "Supplier" is a natural or legal person or person Corporation, which carries out the supply.

69. "Supply" the sale, including resale, of natural gas, including LNG, to customers;

70. 'Distribution area' the covered in a market area of distribution networks, geographically delimited space;

71. "Distributor systems" natural gas systems for the purpose of distribution.

72. "Distribution system operator" means a natural or legal person or registered partnership, which performs the function of distribution and is responsible for the operation, maintenance and, if necessary, developing the distribution system in a given area and, where appropriate, the interconnections with other systems and for ensuring the long-term ability of the system to meet reasonable demands; for the distribution of gas

73. 'Distribution' the transport of natural gas through local or regional networks for the purpose of delivery to customers, but with the exception of the supply;

74. 'vertically integrated natural gas undertaking' means a natural gas undertaking or a group of companies, in the same person (s) shall be entitled (are) directly or indirectly to exercise control, where the company concerned or the relevant group company shall exercise one or more of the functions of transmission, distribution, liquefaction/regasification (LNG) or storage, and at least one of the functions of production or supply of natural gas;

75. "Management of gas storage" concluding contracts with third parties through the provision of storage space including the Einspeicher - and from storage rate;

76. "virtual trading point" a virtual point in a market area, at the natural gas after feeding and before the Board within the market area can be traded. The virtual trading point is associated with no physical single or exit point and enables buyers and sellers of natural gas, even without capacity booking to natural gas to buy or sell;

77. to conduct "upstream pipeline network" pipes or a network of pipelines, their operating or building part of an Erdgasgewinnungs - or storage project is, or used to, natural gas from one or more such projects to a processing plant or transfer station (Terminal); This includes also storage stations;

78., a natural gas amount metrologically captured upstream or point of use "Counter point" and is registered. A summary of multiple counting points is not allowed.

(2) as far as this federal law provisions of other federal laws, or directly applicable European Union law referenced in these provisions are to apply in their respectively valid version.

(3) personal terms have no gender-specific meaning. You are to apply when applying to certain individuals in the form of each gender.

(4) insofar as reference is made in this Act on the terms of gas or gas prepared biogenic gases are including to natural gas quality understanding.

2 part

Accounting, confidentiality, rights of access and inspection rights, prohibition of discrimination and cross-subsidies

Accounting, prohibition of cross-subsidies

Undertakings have section 8 (1) headquartered in Germany, to create regardless of their ownership and their legal form, annual financial statements, review by a statutory auditor and, as far as she do so required under the provisions of the accounting Act are to publish. The audit of the financial statements has to refer whether the obligation to prevent unfair cross-subsidies referred to in paragraph 2 is observed also to the investigation. The creation, testing, as well as the publication of the annual financial statements have according to the provisions of the accounting Act to be carried out. Undertakings which are not legally obliged to publish their annual accounts, have to keep a copy of the annual financial statements available to the public at the registered office of the company.

(2) the network operator has to refrain from cross-subsidies. Avoiding discrimination, cross-subsidisation and distortion of competition gas companies are therefore obliged, in the context of its internal accounting



1. separate accounts within the framework of separate accounting groups for their Erdgasfernleitungs-, distribution and storage activities to do.

2. the balance sheets and income statements of the individual gas areas and whose assignment rules according to para 3 to publish;

3. consolidated accounts for its activities outside of the gas Division to lead and a balance sheet and a statement of income according to para 3 to publish.

The internal accounting has any activity to include a balance sheet and an income statement. Those rules, including the rules on depreciation, to specify, according to which the items of assets and liabilities and the reported expenses and income are assigned to the accounting groups segregated in accordance with no. 1 are also in internal accounting - without prejudice to the company law and taxation rules -. Changes to these rules are allowed only in exceptional cases. These changes must be mentioned and duly justified. Revenue from ownership of the transmission or distribution system are separately in the accounts.

(3) in the notes to the annual accounts shops, which performance, remuneration or any other economic benefit exceeds a value of one million euros and are with associated undertakings (article 7, paragraph 1 Z 64) made been are performing separately. The business object consists of several parts, for which each a separate business is completed, so the value of each business must be considered when calculating the threshold value.

Prohibition of discrimination

§ 9 operators, storage company, hub - service company, balance group coordinators, the operators of virtual trading point, distribution area managers and market area managers it is prohibited to take those persons that use or intend to use their assets or take their services or intending or specific categories of such persons, in particular in favour of vertically integrated natural gas company, discriminatory to treat.

Information and access rights


§ 10 natural gas company, hub - service company, balance group coordinators, operator of the virtual trading point, distribution area manager and market area manager are obliged to provide access to all economically relevant documents and records to the authorities, including the regulatory authority, at any time, as well as to provide information about all the relevant issues concerning law enforcement activities. This obligation to the tolerance of the inspection and supply the information without concrete reason also exists if these documents or information to clarify or to prepare the clarification of relevant facts in future perform procedures are required. In particular have natural gas company, hub - service company, balance group coordinators, the operators of virtual trading point, to provide all information distribution area manager and market area manager, that allow a proper assessment of the authority. The natural gas company does not fulfil this obligation, the authority of their assessment can base an estimate.

Confidentiality

Article 11 without prejudice to legal obligations and obligations arising out of Regulation (EC) No. 715 / 2009 and of the acts adopted in implementation result, disclosure of information, system operators, storage company, to handle hub service company, balance group coordinators, the operators of virtual trading point, distribution area manager and market area manager commercially sensitive information as well as business and trade secrets, of which, in the exercise of their activities become aware, have. You have to prevent that information will be disclosed in a discriminatory manner, in particular in favour of vertically integrated undertakings, of their activities that can bring economic benefits.

3 part

The operation of networks

1. main piece

Market and distribution areas

1 section

Market areas and market area manager

Market areas

The Austrian network a market area manager consists of 12 (1) following market areas where each and a distribution area manager and a balance group coordinator pursuant to this Act entrusted with the performance of ancillary services:



1. market area East;

2. market area Tirol;

3. market area in Vorarlberg.

(2) the Eastern market area includes the Burgenland, Carinthia, lower Austria, Upper Austria, Salzburg, Styria and Vienna networks in countries.

(3) the market area in Tyrol comprising at the networks located in Tyrol, Austria.

(4) the market area of Vorarlberg includes in the nearby province of Vorarlberg networks.

(5) the networks of different market areas, which are connected to each other, are to sum up to a market area, where a market area manager, a distribution area manager and a balance Group Coordinator are responsible in accordance with this Act with the fulfillment of system services.

(6) networks or parts of networks can make as far as this meeting of the European internal market is conducive, a market area with adjacent operators in other Member States. To the implementation of the European internal market of gas networks or parts of networks in a market area are exclusively from a neighbouring Member State is and for that there is no stand-alone balancing energy market in the relevant market area with the adjacent network operators in that Member State as operationally to vote, that a partial or full supplies from the adjacent market area of the Member State is possible. The formation of a common market area with operators of other Member States need the approval of the regulatory authority.

Market area manager

Section 13 (1) the transmission system operators in a market area call a market area manager, who shall exercise the responsibilities in accordance with § 14. The naming of the market area manager requires the approval of the regulatory authority. In market areas without transmission lines, no market area manager is appointed. The reasonable costs of the market area manager are to be borne by the transmission system operators and to consider as costs of the transmission system operators.

(2) the authorization shall be granted if you expect, that is the notified market area manager will be able to efficiently perform the duties pursuant to § 14 and it meets the requirements of section 15.

(3) If no market area manager referred to in paragraph 1 has been named until March 3, 2012, the regulator has to select a suitable company, taking into account the exercise conditions specified in paragraph 2 by virtue and to commit, to assume the duties of a market area manager for the time being. The authority has this approval to repeal as soon as a suitable market area manager is named in accordance with paragraph 1.

Obligations of the market area manager

Section 14 (1) tasks are transferred to the market area managers:



1. ensuring the creation and non-discriminatory access to the virtual trading point, the naming of the operators of virtual trading point in accordance with article 68 and the cooperation with this;

2. the management of the balance group operating in the market area; This includes in particular the information of market participants with respect to balance sheet group system and balancing rules, assigning identification numbers of the balance group in coordination with the balance Group Coordinator, the Organization of the conclusion of the required contract in accordance with section 91 paragraph 2 No. 1 on behalf of and for the account of the concerned parties according to the market rules;

3. the coordination of the network control and the use of Linepack (Linepack) as well as the retrieval of physical balance energy in conjunction with the distribution area manager in the market area as a priority over the virtual trading point, taking into account the efficient use of balancing energy with the goal of minimizing the retrieval of physical balance energy;

4. the creation of a uniform calculation schema for the identification and designation of capacities for the entry and exit points of the transmission system of the market area according to article 34 and article 35; the calculation model requires the approval of the regulatory authority. Changes must be made at the request of the regulatory authority;

5. the Organization of the establishment and operation of the online platform for the range of capacities in accordance with section 39 and for the publication of information concerning the market area in accordance with Regulation (EC) No. 715/2009;

6. the creation of a different load flow scenario-based common prognosis for the need for capacity and load of the transmission grids of the market area for the next ten years in cooperation with the transmission system operator and the distribution area manager;

7. the creation of the coordinated network development plan;

8. the coordination of measures to overcome physical bottlenecks in cooperation with the distribution area manager, as well as with the network operators and storage company in the market;

9 contracts for exchanging data with the distribution area manager, network operators, the balance, the operators of virtual trading point and the balance Group Coordinator and other market participants, according to the market rules to complete;

10. the submission of General conditions for the approval of the regulatory authority in accordance with section 16;

11. the coordination of the maintenance of the transmission and distribution networks in cooperation with the Distributor area manager pursuant to § 18 paragraph 1 Z 28 so, that impact on the power user; kept as low as possible

12. the discovery and publication of the combustion values for the market area on the basis of data obtained by the network operators;

13. the coordination of the nomination process for the transmission system including the nominated Exchange with the operators of the virtual trading point.

14. the Organization of billing the balance energy in the transmission network in cooperation with the operator of the virtual trading point and the transmission system operators.

(2) the market area manager are the distribution area manager, by network operators and balance, to provide all information providers and operators of storage and production facilities, as well as by the operators of the virtual trading point, that are required to fulfil the tasks and obligations of the market area manager. In particular, information about the capacity utilization are the market area manager of the network operators to grant. The balance have announce the schedules or nominations a balance group in advance the market area manager within a period to be determined by the market area manager, reasonable.

(3) in the case of disputes between one of the parties mentioned in paragraphs 1 and 2 with the market area manager to carry out the tasks referred to in paragraph 1 and paragraph 2 measures and details of the regulatory authority on application with notice decides what measures and information to meet or to grant is.

Independence of the market area manager

§ 15. The market area manager must be at least independent from all fields of activity as regards legal form, organisation and decision, related Z 20 not to exercise the activities referred to in section 14 or a transmission system operator in accordance with article 7, paragraph 1. section 108 to section 120 shall apply mutatis mutandis.


General terms and conditions of the market area manager

Policies for the market area manager govern § 16 (1) the legal relationship between market area manager and the balance. The General conditions of the market area manager, as well as their changes require the approval of the regulatory authority. This approval is subject to certain conditions, conditions or temporarily to provide, insofar as this is necessary for the fulfilment of the provisions of this Act. The time limit must be at least a period of three years. Market area manager are required, so far as this is necessary to comply with the provisions of this Act to amend the General conditions upon request by the regulatory authority or to recreate.

(2) the General conditions of the market area manager must be non-discriminatory and must not abusive practices or contain unjustified restrictions and not endanger security of supply. In particular, they are to make that



1. the tasks incumbent upon the market area manager, the distribution area manager, the balance, the balance Group Coordinator and the operators is guaranteed;

2. they are not contrary to legislation in force.

(3) the General conditions of the market area manager shall contain in particular:



1. the rights and obligations of the Contracting Parties, in particular to compliance with the other market rules;

2. the processing of nomination management through the market area manager;

3. the procedures concerning the management of capacities by customers through the balance;

4. provisions in accordance with section 27, paragraph 2 on the release of unused kommittierter network capacities;

5. defining the data to be exchanged between the Contracting Parties.

2. section

Distribution areas and distribution area manager

Distribution area manager

§ 17 (1) the distribution systems of power levels 1 to 3 in the relevant market area includes the Distributor area.

(2) distribution area managers are for the



1. Eastern market area: the natural gas company named by the operators of the lines of Appendix 1;

2. market area Tirol: TIGAS gas Tirol GmbH, named natural gas undertakings;

3. market Region Vorarlberg: the natural gas company named by the VEG Vorarlberger Erdgas GmbH.

(3) the companies listed in paragraph 2 have to designate the distribution area manager to the regulatory authority. The naming of the distribution area manager requires the approval of the regulatory authority. The approval is granted if expected is that the named distribution area manager able efficiently to meet the obligations according to § 18 and he complies with section 20.

(4) If no distributor area manager pursuant to par. 2 was named until March 3, 2012, the regulatory authority has to select a suitable company by virtue and to commit, to take over the responsibilities of a distributor area manager for the time being. The authority has this approval to repeal as soon as a suitable distribution area manager is named in accordance with paragraph 2.

Obligations of the distribution area manager

Section 18 (1) following tasks are transferred to the Distributor area managers:



1. the booking capacities at off dining points of the transmission grids to the distribution networks in the market area, which meet the projected capacity needs in the market area;

2. the management of capacities in accordance with no. 1, the capacity at a dining points in the transmission system from the distribution network and capacities in the distribution systems of power level 1 in accordance with Appendix 1;

3. the nomination processing at the off feeding points of the transmission grids to the distribution systems according to the market rules;

4. the implementation of a distinction between balancing energy to balance energy in the distribution network based on transparent and objective criteria; the accrual/deferral method requires the approval of the regulatory authority;

5. the creation of a unified calculation scheme in consultation with the market area manager for the identification and designation of capacity for those single - and exit points of the market area, not simultaneously, and exit points in the transmission system are; the calculation model requires the approval of the regulatory authority. Changes must be made at the request of the regulatory authority;

6 replies to requests for access to the distribution network and the allocation of capacity according to § 27 para 2 to coordinate and to conclude contracts and to determine the use of capacities;

7 with network operators contracts concluded by the the network access beneficiaries to the extent required a right of access to the upstream natural gas pipelines (§ 27 para 1) to the virtual trading point in accordance with article 31, para. 3; to grant

8. the retrieval of physical balance energy in the distribution area primarily over the virtual trading point, taking into account the efficient use of balancing energy with the goal of minimizing the retrieval of physical balance energy;

9 provision of system services (performance and pressure control and pressure) by making the physical compensation or appropriate contracts with third parties;

10 control of distribution management systems in accordance with Appendix 1 requirements to distribution system operators;

11 creation of long-term planning;

12. in the framework of long-term planning annual reporting to the regulatory authority about the relationship between supply and demand, the expected development of demand and available supply, in the planning and construction the additional capacity as well as measures for the operation of peak demand and to deal with cases from one or more providers. The data obtained in the context of long-term planning may for purposes of energy control (section 20i and section 20j Energy Control Act 1982), as well as for the creation of the Monitoringberichtes (§ 28 para 3 E ControlG) used;

13 preparation of total load forecasts for early detection of imbalances;

14 monitoring of state variables of interfaces of systems to control conferred on it;

15. the knowledge of network utilization in the management systems to control conferred on it at any time, in particular with regard to rivers and pressure;

16. the creation of a load forecast for detecting bottlenecks;

17. through the coordination of the transport services to ensure; an optimal utilization of the capacity of systems to control conferred on it

18. the forwarding of answer network access requests to the distribution system operator in accordance with article 27, paragraph 1 within a period of five days;

19 publication of the network load of management systems to control conferred on it;

20 congestion management, and transportation for purposes of end customer care take precedence over other transports;

21. the submission of General conditions for the approval of the regulatory authority under section 26;

22 a - and sale of balancing according to Z 8 at the market price as a priority at the virtual trading point in the name and on account of the balance Group Coordinator, as far as their demand for the Distributor area manager in accordance with the applicable nomination periods is estimated; a beyond balancing energy needs is to obtain, in accordance with § 87 par. 3 of the balance Group Coordinator, according to the market rules

23 launch of measures to overcome physical bottlenecks in the systems for control conferred on it in cooperation with the network operators and storage company;

24 network operators and the Clearing House that needed data required to allocate, where in particular those data to provide are for the calculation of schedule deviations and the deviation from the load profile of each balance sheet group to carry out the clearing of balancing energy in the distribution system;

25 agreements on exchanging data with network operators, to complete the balance, and the balance Group Coordinator and other market participants, according to the market rules;

26. the timetable of implementation;

27. the statements of the balance Group Coordinator sequence to make, if there are no offers for balance energy taking into account the intended procurement in accordance with Z 8 and Z 22, and 28 coordinating the maintenance of distribution systems in accordance with Appendix 1, that affect network users are kept to a minimum.

(2) the Distributor area managers are market area manager, the balance Group Coordinator, the network operators and balance, to provide all information providers and operators of storage and production facilities that are required to fulfil the tasks and obligations of the distribution area manager. In particular, information on capacity utilization are the distribution area manager of the network operators to grant.

(3) in the case of disputes between one of the parties mentioned in paragraphs 1 and 2 with the distribution area manager to carry out the tasks referred to in paragraph 1 and paragraph 2 measures and details of the regulatory authority on application with notice decides what measures and information to meet or to grant is.

Cooperation of the market area manager and distributor area manager


Section 19 (1) of the distribution area manager and the market area manager have to assist each other in carrying out its tasks and to coordinate, with the aim to take advantage of the entire network in a market area as a whole in a consistent and coherent way. This concerns in particular the creation of uniform methods for the identification and designation of capacity requirements for network coupling agreements, the creation of co-ordinated network development plan, as well as long-term planning, procurement and control the use of balancing energy, the elaboration of a plan of action in accordance with § 25 and the publication of information concerning the market area. The cooperation agreement is to present the regulatory authority at their request and it is to be taken into account on the comments or objections of the regulatory authority.

(2) the functions of the distribution area manager and market area manager can be merged, the owners agree to if. This company is then set up in the form of a joint stock company.

Independence of the distribution area manager

Section 20 (1) of the distribution area manager must be at least as regards legal form, organisation and decision regardless of all fields of activity, not related to the exercise of activities in accordance with section 18 or the provision of services in connection with the planning, control and capacity and network access management by Erdgasleitungs - or storage facilities.

(2) the distribution Territory Manager is to set up in the form of a joint stock company.

Management of transport capacity in the area of distribution

§ 21. The capacity of distribution management systems in accordance with Appendix 1, as well as capacity booked off dining points of the transmission grids to the distribution networks in the market area are managed by the Distributor area manager in cooperation with the network operators. The ownership of the transmission facilities, as well as the operation of the systems shall remain unaffected. The operators have to provide the data required for network access on instructions for the distribution area manager.

Long-term planning

Section 22 (1) goal is long-term planning



1 the distribution systems in accordance with Appendix 1 with respect to a) meeting the demand of transport capacity for supplying the consumer taking emergency scenarios, b) achieve a high level of available transport capacity (security of supply, infrastructure), c) as well as to plan the capacity requirements for the on and off dining points to the transmission grid, as well as to storage facilities, and 2. consistency with the community-wide network development plan, as well as the coordinated network development plan referred to in §§ 63 ff to produce;

3. the standard of infrastructure in accordance with article 6 of the Regulation (EU) No. 994/2010 in the market area as well as 4 the transparency with regard to planned and already approved extensions of the network and network training, including the schedule of investment projects, to increase the market.

(2) the distributor domain manager has the task to create a long-term plan for the distribution management systems in accordance with Appendix 1 to achieve the objectives of this Act and of the objectives referred to in paragraph 1 at least once a year. The programming period is set by the Distributor area manager, this transparent and non-discriminatory to be made on the basis of the data available to him. The minimum period is ten years.

(3) in the case of the creation of long-term planning are taken into account:



1. the technical and adequate economic expediency, 2. assumptions about the development of the production, supply, consumption, memory requirements and cross-border exchanges, taking into account investment plans for regional and community networks, the coordinated network development plan, as well as investment plans for storage facilities, 3. the current situation and forecasts in the range of supply and demand as well as 4 the objectives referred to in paragraph 1.

(4) in the grounds of the application for approval of long-term planning has distributor area manager, especially when competing projects for the construction, extension, modification, or operation of transmission facilities, to represent the technical and economic reasons for the endorsement or rejection of individual projects and to submit the documentation of the decision upon request by the authority.

(5) all market participants have the data required for the creation of long-term planning the distribution area manager on written request, to provide in particular for the assessment of existing or potential capacity bottlenecks within an appropriate period. The distribution area manager can be used independently of other data that is appropriate for long-term planning. This data is taken into account also when evaluating network access requests and requests for capacity expansion of the distribution area manager.

(6) long-term planning is to be submitted to the regulatory authority for approval. The approval is granted if the actions described in the long-term planning appear suitable to support the objectives referred to in paragraph 1 and not to endanger and consistency with the community-wide network development plan, as well as the coordinated network development plan. The approval is under notices of payment due requirements, conditions or temporarily to provide, as far as this is necessary for the fulfilment of the objectives of this Act.

(7) the distributor domain manager is obliged to change the long-term planning submitted for approval on request by the regulatory authority or to recreate. Requests for change of the most recently approved long-term planning are allowed at any time if natural gas systems, which should be built in addition, expanded, modified or operated, or other significant changes in the planning require a new overall assessment in the context of long-term planning.

(8) in the case of capacity bottlenecks at the off dining points of the transmission grids to the distribution networks is a possible extension of this capacity in the long-term planning into account.

(9) that are proportionate, actually incurred costs the implementation measures, which were listed in an approved long-term planning, to recognize when determining system usage fees in accordance with §§ 69 ff.

Monitoring the long-term planning

Section 23 (1) monitors the regulatory authority and evaluated the implementation of long-term planning, and may require the distribution area manager the change of long-term planning as far as this is necessary to achieve the objectives of the long-term planning in accordance with article 22, paragraph 1.

(2) a network operator other than mandatory, has he not for influencing reasons an investment that had to be carried out according to the approved long-term plan, not carried out, the regulator - is obligated to take one or more of the following measures to ensure the implementation of the investment if the investment on the basis of the most recent long-term planning is still relevant -:



1. the regulatory authority prompts the operator for the implementation of the investment or 2 introduces a tendering procedure for the implementation of the investment regulatory authority, which is open to all investors, where the regulatory authority can entrust a third party carry out the tender procedure, or 3 committed the regulatory authority the network operator, to approve a capital increase with regard to the financing of the necessary investments and allow independent investors an equity stake.

(3) the regulatory authority introduces a tendering procedure pursuant to par. 2 No. 2, she may oblige the transmission system operator to accept one or more of the following measures:



1. financing by third parties, 2. construction by third parties, 3. establishment of new installations concerned by this even, 4. operation of the new equipment by themselves.

(4) the network operator will provide all documents required for the implementation of the investment the investors, connects the new systems on the network and will do everything to facilitate the implementation of the investment project. The relevant financing arrangements require the approval of the regulatory authority.

(5) the regulator makes Z 1-3 use of its powers pursuant to par. 2, so the costs of investments are covered by the respective system usage fees.

Charge for the distribution area manager


Section 24 (1) for services rendered to the fulfilment of the tasks of a distribution area manager has the regulatory authority to determine the costs, including a reasonable profit surcharge officio by decision. The corresponding services price approaches are to determine cost-oriented. It also measured the distribution area manager costs are to pay, arising from the need to balance load fluctuations by a power and pressure control, pressure maintenance (provision of control power). The costs associated with the provision of activities covered by article 18 are to bring in determining the costs deducted.

(2) in the regulation of the regulatory authority in accordance with article 70 a fee is based on the costs identified pursuant to subsection 1 to determine, which is payable by a distribution system operator to be determined in the regulation of their respective network areas. The proportion to wear from the scope of the network of the charge for the distribution area manager shall be therefore on the one hand the work given to the final consumer (kWh) within the scope of the network, where the distribution area manager resulting costs pursuant to § 74 for the booking of the exit points of the transmission system in the distribution thereof are excluded. The cost of the distribution area manager for the booking of the exit points of the transmission system in the distribution system in accordance with section 74 on the other hand are to replace the Distributor area Manager per distribution system operators on the basis of pay determination and cost rolling pursuant to section 83 subsection 3 or the relevant distribution system operator on the respective exit point of the transmission system.

Measures for the Elimination of short - or medium-term capacity bottlenecks

25. If the distribution area Manager quickly recognizes the need for measures to eliminate seasonal capacity bottlenecks, he has to report the market area manager, the affected operators, balance, suppliers, balance group coordinators, storage companies or operators of production facilities of the need for measures to eliminate seasonal capacity bottlenecks and to develop an appropriate action plan together with these companies. Measures which concern the production or storage and are subject to the law of mineral raw materials are exempt from this obligation. The companies concerned are obliged to cooperate efforts. The distribution area manager has the action plan to bring the regulatory authority without delay.

General terms and conditions of the distribution area manager

Policies for the distribution area manager govern § 26 (1) on the one hand, the legal relationship between the Distributor area manager and the balance (from VGM BGM) and on the other hand between the distribution area manager and the network operators (from VGM network). Policies for the distribution area manager, as well as any changes require the approval of the regulatory authority. This approval is subject to certain conditions, conditions or temporarily to provide, insofar as this is necessary for the fulfilment of the provisions of this Act. The time limit must be at least a period of three years. Distribution area manager are obliged, so far as this is necessary to comply with the provisions of this Act to amend the General conditions upon request by the regulatory authority or to recreate.

(2) the General conditions of the distribution area manager must be non-discriminatory and contain no abusive practices or unjustified restrictions and not endanger security of supply. In particular, they are to make that



1. the fulfilment of the tasks incumbent upon the market area manager, the distribution area manager, the balance and the operators is guaranteed;

2. they are not contrary to legislation in force.

(3) you have from VGM-BGR to contain in particular:



1. the rights and obligations of the Contracting Parties, in particular to compliance with the other market rules;

2. the handling of the nomination and schedule management through the distribution area manager;

3. the procedures concerning the management of capacities by customers through the balance;

4. the balance energy management through the distribution area manager in the distribution area;

5. the definition of the data to be exchanged between the Contracting Parties;

6. the procedures and methods for network access in the distribution system (section 27), replacement of the provider or of the balance group (section 123);

7. provisions in accordance with section 27, paragraph 2 on the release of unused kommittierter network capacities.

(4) you have from VGM network to contain in particular:



1. the rights and obligations of the Contracting Parties, in particular to compliance with the other market rules;

2. the procedure and the arrangements for requests for network access;

3. the minimum technical requirements for network access;

4. the allocation procedures relating to the allocation of network capacities;

5. defining the data to be exchanged between the Contracting Parties, in particular network data as well as information regarding supplier switching;

6. the obligation of the distribution system operator for determining the gas composition on the single feeding points;

7. the approach to the reporting of technical defects and breakdowns and their remedies;

8. the fee payable by the distribution system operator in accordance with section 24;

9 provisions relating to payment and accounting;

10. provisions in accordance with section 27, paragraph 2 on the release of unused kommittierter network capacities.

2. main piece

General rights and obligations of the network operator

1 section

Network access

Network access in the distribution network

Section 27 (1) the network operator to whose network the customer, production, storage or gas system, for which access is sought, is connected, is obliged to grant network access authorized network access to the policies and the system license fee established by regulation. As far as the network access request refers to natural gas pipelines upstream the respective distribution system also, the operator has to provide the network access request the distribution area manager without delay to the other reason. The affected natural gas companies have to conclude civil contracts in favor of the network access authorized for this purpose. The capacitance of the cable used for the customer so far is the customer, also in case of change of supplier and supply by several providers available in the pipeline network to the virtual trading point. Supply by multiple providers is that part of the capacity used so far for the customers in the pipeline network, which is required by the new supplier for the supply of customers, to provide by the previous supplier. The settlement of balancing customer supplied by multiple providers is to settle in those balance group associated with the counting point of the respective customer.

(2) the balance group have to accommodate them due to network access requests or capacity associated with applications for capacity expansion or providers change the distribution area manager to the sum of the exit points of the transmission grids to the distribution networks in the market in their favor to their actual capacity requirements and perform necessary minimum feeds about polling the Distributor area manager in the Engpassfall in the context of the associated capacities, if not by force majeure or other unforeseeable or impressionable events , how about maintenance and maintenance upstream networks prevented are to fulfil this obligation. Unused committed transport capacity must be made accessible to third parties. The capacity does not or not timely signed, a network access claim only in accordance with the free capacity.

Conditions for network access to distribution systems

Section 28 (1) policies for distribution system, as well as their changes require the approval of the regulatory authority. This approval is granted insofar as this is necessary for the fulfilment of the provisions of this Act, if necessary, under conditions or conditions. Distribution system operators are obliged, so far as this is necessary to achieve a competitive market, to change policies for distribution on request by the regulatory authority. The regulatory authority may also request that is to provide the time limit within which a customer whose counting point label him or a representative in a common data format in electronic form or a provider change is making, is included in the General conditions. Approved distribution policies are to publish on the Internet.

(2) the General conditions of the distribution system must be non-discriminatory and contain no abusive practices or unjustified restrictions and endanger security of supply nor quality of services. In particular, they are to make that



1. the tasks incumbent on the distribution system operator is guaranteed;

2. the power user with the performance of the distribution system operator in a factual context are entitled;

3.

the reciprocal obligations are balanced and causing meet assigned;

4. they contain provisions on technical requirements for connection to the grid in the grid connection point and for all measures to prevent disruptive effects on the network of the network operator or other equipment;

5. they set objective criteria for the transfer of natural gas from another network area and the use of interconnectors;

6. they contain provisions on the allocation of the expenses borne which are oriented towards the cost causation;

7. they are clear and clearly written;

8. they contain definitions of the terms not commonly understood;

9. they are not contrary to legislation in force.

(3) the General conditions of distribution system shall contain in particular:



1. the rights and obligations of the Contracting Parties, in particular to compliance with the other market rules;

2. the minimum technical requirements for network access;

3. the quality requirements that apply to the supply and transportation of natural gas and biogenic gases;

4. the possible dining points for natural gas and biogenic gases;

5. the procedure and the arrangements for requests for network access;

6. the procedure and the arrangements for the exchange of the provider or of the balance group (section 123);

7. the data to be supplied by the users of the network;

8. the obligation of the network user, to log the use of them booked capacity in compliance with the deadlines defined in the rules of the market via timetable;

9. a period of not more than 14 days from receipt, within the distribution system operator has to answer the desire of network access; This period in the regulation referred to in article 123, paragraph 1 is set in the change process;

10. the basic principles for the allocation;

11. the contract duration, the conditions for renewal and termination of services and of the contract;

12 any compensation and refund arrangements for non-compliance with the contractually agreed service quality and a note on statutory dispute resolution procedures;

13. type and form of accounting;

14. the approach to the reporting of technical defects and breakdowns and their remedies;

15. the obligation of network access entitled to the advance payment or security deposit (cash deposit, bank guarantee, deposit of not pledged savings accounts) at an appropriate level to be expected in this respect according to the circumstances of the individual case is that the network user not or not timely comply with his payment obligations;

16 modalities to which the customer is required to make instalment payments, whereby a payment is at least ten times a year anyway, to offer;

17. the period to answer its requests at least within are.

Also standards and regulations of technology (technical rules) in their currently valid version binding can be explained in terms of distribution system.

(4) the network operator have the customer before conclusion of the contract about the essential content of the policies to inform. For this purpose, the customer a leaflet is handed over. The operators have to provide transparent information on applicable prices and tariffs to network users. The measures laid down in the annex I of to Directive 2009/73/EC on the protection of customers must be observed. Network policies are to follow the customers request.

Changing network conditions

section 29. New General conditions of network to be approved, the operator has to announce this to the users of the network in a letter addressed personally to them within four weeks after the approval and send this to them at their request. In this letter, or on the invoice are the changes to the General conditions and the criteria that must be observed when changing under this Federal Act, traceable to play. After a period of three months from the notification, the changes from the first of the following month be deemed to have been agreed.

Quality standards for the Web services consumer connected to the network

30. (1) has the regulatory authority to set standards for network operators regarding the security, reliability, and quality of services provided to network users and other market participants and key performance indicators to monitor compliance with regulation on the tasks set out in this Act and obligations of system operators. Any compensation and the refund arrangements are failure to comply with the standards for network operators in regulation to set when the compliance with the established standards is otherwise not fully ensured. A general review process to go ahead, the opportunity to comment to give is especially concerned network operators has the issue of regulation.

(2) these standards may include, in particular:



1. the safety and reliability of the network operation including the duration and frequency of the supply disruptions;

2. deadlines for the production of connectors to the network and that made repairs and the announcement of supply disruptions;

3. time limits for responding to requests for the provision of network services;

4. complaint management.

(3) in regulation to set standards for network operators are to record in their general conditions, to the extent that they relate to the rights and obligations of the network operator to the Web Access authorized.

(4) the network operator have a year to submit the figures laid down in the regulation the regulatory authority and publish.

Network access to the transmission system

Section 31 (1) the transmission system operator, which Netz shall be used for the single - or the kitchen in it or leaving the market, is obliged to grant network access authorized network access to the policies and the system usage fees are set by regulation, taking into account the arrangements referred to in paragraph 4.

(2) access to transmission networks is carried out basically by posting free allocatable and tradable capacity on / off feeding points in the or from the pipeline network and by introducing the booked capacity into a balance group.

(3) capacity rights at a dining points entitle to feeding quantities of gas into the transmission network and the transport of the gas volumes to the virtual trading point of the market area. Capacity rights to stop feeding points entitle for the transport of the virtual trading point to the exit point and the Board of these volumes of gas from the pipeline network. The trade is carried out exclusively at the virtual trading point and is subject to the General conditions of the operator of the virtual trading point. You are in particular to ensure that the fulfilment of the tasks incumbent upon the operator of virtual trading point is guaranteed. The regulatory authority is responsible for the approval of the terms and conditions of the operator of the virtual trading point, as well as for each change. The approval is granted insofar as this is necessary for the fulfilment of the provisions of this Act, requirements or conditions. The operators of the virtual trading point has at the request of the regulatory authority, as far as this is necessary to comply with the provisions of this Act, to amend the terms and conditions. Connect the off feeding points of the transmission system in the distribution system in the market area the transmission system operators exclusively with the distribution area manager capacity contracts out. Balance group, that are registered in the distribution system, are entitled to the Board of gas amounts to distribution networks in the market to the extent of the capacity of their associated distribution area manager of the balance group and to transport of this gas volumes from the virtual trading point to the exit point in the distribution system.

(4) the connection of the new industrial customer facilities at a transmission can be done if the distribution system operator, the connected system lies in its distribution area, has denied the power supply in accordance with article 33, paragraph 1. This is to prove the transmission system of the industrial customers.

Conditions for network access to transmission lines

Section 32 (1) for the approval of the General conditions for network access to transmission networks, as well as for any change the regulatory authority is responsible. The approval is granted, insofar as this is necessary for the fulfilment of the provisions of this Act under conditions or conditions. Transmission system operators shall have, as far as this is necessary for the fulfilment of the provisions of this Act at the request of the regulatory authority to amend the terms and conditions. Approved policies are to be published in German and English language in the Internet.

(2) the General conditions for network access to transmission networks must be non-discriminatory and contain no abusive practices or unjustified restrictions and endanger security of supply nor quality of services. In particular, they are to make that



1. the tasks incumbent on the transmission system operator is guaranteed;

2. the power user with the services of the transmission system operators in a factual context are entitled;

3.

the reciprocal obligations are balanced and causing meet assigned;

4. they contain provisions on technical requirements for connection to the grid in the grid connection point and for all measures to prevent disruptive repercussions on the network of the transmission system operator or other equipment;

5. they contain provisions on the allocation of the expenses borne, based on the cost causation;

6. they are clear and clearly written;

7. they contain definitions of the terms not commonly understood and 8 they are not contrary to legislation in force.

(3) the General conditions for network access to transmission networks have to contain in particular:



1. the rights and obligations of the Contracting Parties;

2. the minimum technical requirements for network access;

3. the quality requirements that apply to the supply and transportation of natural gas;

4. the possible entry and exit points for natural gas;

5. the various services of the transmission system operators within the framework of the network access to be available and offered quality levels;

6. the procedure and the arrangements for requests for network access;

7 effective provisions, criteria and manner in which unused committed network capacity must be made available for third parties;

8. the data to be supplied by the users of the network;

9. the obligation of the network user, to nominate the use of them booked capacity in compliance with the deadlines defined in the market rules;

10. a period of not more than ten days of receipt, within which the transmission system operator in interaction to answer the desire of network access has with other transmission system operators;

11. the contract duration, the conditions for renewal and termination of services and of the contract;

12 any compensation and refund arrangements for non-compliance with the contractually agreed service quality, as well as a note on statutory dispute resolution procedures;

13. the basic principles for the allocation;

14. the nature and form of the accounting;

15. the scheme for the booking of capacities and 16 the approach to the reporting of technical defects and breakdowns and their remedies.

Also norms and regulations of technology (technical rules) in their currently valid version binding can be explained in the General conditions.

Refusal of system access

33. (1) the network access may be denied for the following reasons:



1. exceptional power States (incidents);

2. lack of network capacity or lack of network;

3. If a network operator that prevent access to the network would be to fulfil the public service obligations imposed on it pursuant to article 5;

4. when denied access to the network for a customer in the State in which the provider or a this dominant undertaking has its seat, due to lack of legal claim would have no network access, and this is determined by the regulatory authority

5. If the technical specifications not in reasonable manner can be brought together in accordance.

The network operator to whose network the customer is connected or was sought for its input or exit point network access, has to justify the refusal of system access to the Web Access authorized in writing. The network access denial about arranging a third natural gas company, is in the explanatory statement also that natural gas companies to designate, on whose initiative the refusal of network access is.

(2) in the case of refusal of network access referred to in paragraph 1 the net beneficiaries the opportunity to apply for capacity expansion has Z 2 for transport in the distribution system. This application's underlying capacity requirements is taken into account when establishing the long-term planning of the distribution area manager. The request is to be held in compliance with the following principles:



1. the long-term planning that includes the necessary implementation measures to meet the capacity requirements underlying the request for capacity expansion, has been approved by the regulatory authority;

2. any necessary contracts of the affected transmission and distribution system operators have been concluded with the distribution area manager with regard to the implementation of the measures foreseen in the long-term planning;

3. the claimant of the request for capacity expansion can be done under any conditions.

(3) in the case of refusal of network access through the fault of a third natural gas company of Radebe set of granted the network access authorized compensation for damages in accordance with § 1313 ABGB is reserved the distribution area manager. Natural gas undertakings associated with a natural gas undertaking (article 7, paragraph 1 Z 64) are liable to one-piece hand.

(4) the regulatory authority shall on request of the person who was claimed, violated by the refusal of network access its statutorily granted right to grant network access to be to determine whether meet the requirements for the refusal of network access. Defendant are



1. in those cases where the access to the network to which the customer is connected or is coveted for its input or exit point network access denied is the operator of this network;

2. in all other cases for which network access requested for a customer's system was the distribution area manager, the customer system lies in its distribution area, as well as the network operator, the refusal of network access is via its instigation.

2, 4 and 5 a month from receipt of the application is the period within which the regulator has to decide, in cases of paragraph 1, Z 1.

(5) the defendant has to prove the existence of the refusal offence referred to in paragraph 1. The network access denial about arranging a third natural gas company, is this proof can be provided also by this natural gas company. The regulator has to work in any position of the procedure on an amicable settlement between legitimate network access and network operators (natural gas company).

(6) is detected, the network access has been denied unfairly, the natural gas company, which has wrongly denied network access for the damage caused by the refusal of network access has been proven liable the affected network access controller. The regulatory authority shall in the case of the participation of several natural gas companies in their decision to determine which natural gas company has wrongfully denied network access.

2. section

Specifications for network access

Calculating capacity

Section 34 (1) the market area manager determines a different load flow scenarios-based common forecast for the need for capacity and the load on the networks of the market area for the next ten years in cooperation with the transmission system operator and the distribution area manager. The forecast is to update every two years and to consult (gas) and the network access authorized with ENTSO.

(2) transmission system operators, who operate connected networks Network coupling points, as well as the distribution area manager for the distribution systems for control conferred on it in accordance with Appendix 1 have to work together in the calculation and designation of technical capacities with the aim, to be able to have co-ordinated capacity in the interconnected networks as possible amount. The necessary calculations of capacity be made based on load flow simulations according to the State of the art with the aim, as far as possible to meet the needs identified in the joint forecast according to para 1. The calculations include at least the transmission networks of the market area, as well as the distribution management systems in accordance with Appendix 1 and take into account the adjacent networks in an appropriate manner.

The demonstrable capacity

35. (1) results in the determination of capacity according to § 34 paragraph 2 concludes that capacity permanently not to an extent can be offered that meets the demand for capacity and the forecast according to article 34, paragraph 1, has the market area manager the application of appropriate measures to coordinate, which allow the determination of a correspondingly increased capacity. Network usage charges are for transport in the distribution system in accordance with the first sentence by the regulatory authority in accordance with section 70 to determine and to collect the distribution area manager. The transmission system operators are obliged to cooperate in this regard with the market area manager and to implement the appropriate measures. The measures are notified to the regulatory authority.

(2) the application takes the measures referred to in paragraph 1 does not cover the capacity demand and permanently or frequently high actual load flows and no lower load flows are to be expected in the future the transmission system operators have to consider the needs-based development of the network and to take into account the creation of the network development plan according to. This applies accordingly if the forecasts referred to in article 34, paragraph 1 can be expected permanently or frequently high actual load flows.

Capacity and allocation


The transmission system operators shall offer firm and interruptible capacity 36 (1). Transmission system operators have to offer the capacity in a way which allows the offered capacities without definition of a transport path and other additional requirements to book and use. Is power users to enable bookable points independently of each other, in different heights and time from each other by way of derogation to book capacity.

(2) the capacity determined in accordance with the section 34 and section 35 are the users of the network at least on year, to offer monthly and daily basis for all available points. The share of capacity, which is assigned to the respective contracts of differing maturities, is determined by the demand.

Offer of an interruptible capacity

Interruptible capacity differ section 37 (1) fixed capacity only by the Unterbrechbarkeit itself and the charge to be in accordance with §§ 72 ff.

(2) interruptible capacities are offered in such a way that they harness the portion of the capacity of the networks, which is not used by the owners of fixed capacity or is not in advance certain predictable.

(3) only the foreseeable impossibility of total interruptible nominated transport under all also short-term coordinated possibilities of operators shall be the cause of the interruption. A break will be advertised in sufficient time prior to the interruption, that the network user compensatory measures can take.

Trading of capacity rights

§ 38. network users can dispose of acquired rights from capacity contracts without the consent of the transmission system operator wholly or partially to network users or registered users of network to use. Network user must be acquired capacity rights on the shared online platform in accordance with section 39, or after having consulted of the market in cooperation with the market area manager about trading in the secondary market.

Online platform for the range of capacities

39. (1) is the allocation of capacity to handle via an electronic online platform per market area. The platform is user friendly and has in particular procedures for the anonymous handling of capacity trade to enable. The electronic online platform is to provide at least in German and English language.

(2) the publication of information concerning the market area in accordance with the Regulation (EC) No. 715/2009 for relevant points in the transmission system has to be carried out via the electronic online platform. The relevant points are to be determined by the transmission system operators and approved by the regulatory authority.

(3) that release of information relating to the manifold area, in particular the publication of the information referred to in article 18, paragraph 1 No. 19, has to be made via the electronic online platform.

(4) the market area Manager offers a balance group contract concerning the establishment of balance groups according to section 91 paragraph 2 No. 1 via the electronic online platform.

Right to transfer capacity

The new supply by the previous supplier may require the transfer of single dining capacities so far actually used for the supply of that customer in the market area section 40 (1) a provider change if the supply of the customer according to the received delivery is otherwise not possible. This is compared with the previous provider.

(2) section 1 also applies to supply a count point by several providers for the pro-rated capacity.

(3) the regulatory authority shall on application of the new utility to determine whether the transfer of a dining capacity from the previous provider is entitled denied. The commitments made by the previous supplier, that hinder a transfer, must be take into account. One month from receipt of the request, the period is within the regulatory authority shall decide.

Procedure to determine by regulation

41. (1) can one efficient network access as well as uniform rules for all relevant market participants and the objectives of the Act to achieve the regulatory authority, in compliance with the requirements of the safe and reliable operation of the network, as well as the balance of the interests of the market participants for each market area separately provisions under consideration meet no. 715/2009 by means of regulations in accordance with article 6 of Regulation (EC) No. 715 / 2009 adopted network codes and guidelines referred to in article 23 of Regulation (EC). She has carried out a public consultation on the proposed provisions referred to in paragraph 2 before the regulation procedure.

(2) the regulatory authority can make determinations pursuant to the paragraph 1



1. go to the content and to carry out the joint forecast of the transmission system operator for the need for capacity and load of the Austrian transmission grids for the next ten years and calculating capacity pursuant to § 34;

2. to take measures to increase demonstrable capacity pursuant to § 35, while also the possibility of the agreement of Association requirements can be limited or abolished if they hold a competitive development of the market;

3. to the procedures for tendering of physical balance energy and data to deploy the price according to § 87, as well as establishing minimum range sizes, as well as for the calculation and allocation of the balancing of the operators, distribution system operators and balance;

4. for the design and application of standard load profiles and to the adjustment of the limits for the application of standard load profiles;

5. establishing discriminatory and the discriminatory operation of the online platform in accordance with section 39 and the procedures of the offer of capacity on this platform.

6. to the requirements and the application of the claim for the transmission of capacity according to § 40;

(3) the regulatory authority can make the determinations, if for the below mentioned facts, no provisions are made by guidelines of the ENTSO (gas) or the transmission company these guidelines according to their temporal specification not or differently put:



1. to offer capacity-building in accordance with section 36; This can especially the available capacity will be further differentiated and specifications to the percentage of the available capacity will be assigned to the respective offers of contracts of differing maturities and to different maturities are taken;

2. to interruptible capacity pursuant to § 37; This can be set in particular, are divided according to which procedures necessary interruptions on the nominations on the basis of interruptible capacity;

3. on the dates for the allocation of capacity the capacity of different maturities in accordance with § 36 para 2;

4. on the dates of nomination;

5. to re nominate. can in particular a fee provided; set a different period between re nomination and fulfillment and the ability to re nominate or lifted

6. on the content of the network linkage and the network access contracts;

7 to the evidence and security services, the can; established a network user's registration

8. to the terms for the provision of balancing services in the transmission system with the priority use of the virtual trading point.

(4) that Regulation Authority may make determinations on the terms for the provision of balancing services in the market area, and in particular to the duration of the compensatory period, nomination, and schedule processing, data exchange between market participants and the definition of the gas day. This paragraph 6 lit depends on the result of an appropriate consultation process where all relevant market participants are to be included, on a harmonisation of the rules in transmission and distribution system within two years from the entry into force of the network code in accordance with article 8. (j) of Regulation (EC) No. 715/2009 to work.

3. section

Exceptions to access to the network

New infrastructure

42. (1) the regulatory authority can pronounce on application with notice, that the provisions of § 27, § 31, § 69 to section 84, the section 97 to § 104 and of section 108 on a major new infrastructure in the sense of § 7 paragraph 1 do not apply Z 50 (connection management and storage facilities) or parts thereof for a certain period of time. The application has to contain at least the following documents:



1. the extent of the restriction of the right to network or memory access and its expected duration and rules acting in place of the above legal provisions;

2. the circle of the customers affected by this measure, as well as possibly according to customer categories differentiated level of restriction of their rights in accordance with § 27, § 31, section 69 to section 84, section 97 to § 104 and section 108 as well as 3 appropriate evidence, that the existence of the following conditions is made credible: a) the competition in gas supply and security of supply be improved through investment in the affected cable or storage facility;

b)

the risk associated with the investment is so high that the investment in the connecting cable or storage facility without exception referred to in paragraph 1 would not be made;

(c) the infrastructure is owned by a natural or legal person or a partnership, that at least the legal form after it is separated from operators in their networks, the infrastructure is created;

(d) by the users of this infrastructure system usage fees or storage fees are charged;

(e) the exception referred to in paragraph 1 does not adversely affect the competition or the effective functioning of the internal gas market, or the efficient functioning in Distributor connected set out in § 27, § 31, section 69 to § 84, section 97 and section 104 and section 108 provisions for which the connecting line or storage facility and pipeline and storage facilities;

(f)) long term contracts related with the large new infrastructure are with the competition rules in line.

(2) section 1 applies to each increase their capacity in existing interconnectors or storage facilities and changes these facilities, which enable the development of new sources of gas supply.

(3) the statement of exception referred to in paragraph 1 may cover a new connecting line or storage facility, a greatly enlarged existing connection line or storage facility, or change an existing interconnector or storage facility in its entirety or parts thereof.

(4) the request is to modify on request by the regulatory authority, as far as this is necessary to fulfil the provisions and objectives of the Act.

(5) the regulatory authority can issue a decision referred to in paragraph 1 under notices of payment due requirements or conditions, insofar as this is necessary to fulfil the provisions and objectives of the Act. Of section 108, the regulatory authority may grant only temporary and partial exceptions under notices of payment due by the terms and conditions.

(6) in the case of the decision referred to in paragraph 1, the regulator has in particular the duration of the large new infrastructure-related long-term contracts, to generating capacity or the modification of existing capacity, the time limit of the project and non-discriminatory access to this new infrastructure to take into account.

(7) in the case of saying an exception pursuant to subsection 1 rules and mechanisms for management and allocation of capacity can be set, where the following minimum criteria to be observed:



1 in the tender documents is standing for the award of technical capacity, to disclose the number and size of the units (lots), as well as the allocation procedure in the event of an excess of demand;

2. There are both fixed and interruptible transportation and storage rights on annual and monthly basis to offer;

3. must be allowed through a transparent, fair and non-discriminatory procedures potential customers of new infrastructure, to be able to express interest in contracting capacity for the new infrastructure before any exception decision was taken by the regulatory authority;

4. the invitation to tender is at least in the Official Gazette of the Wiener Zeitung, as well as in the official journal of the European communities at the expense of the applicant to publish;

5. the procedure has to be made, in a fair and non-discriminatory manner

6. in the event that lots in accordance with the invitation to tender are contraindicated, is allocation of the capacity in line with market principles way to repeat.

(8) the decisions referred to in paragraph 1 are to publish by the regulatory authority in the Internet.

(9) in the case of a cable or a storage system connected to the network of a Member State, the competent regulatory authorities in the other Member States concerned are to listen to before saying the exception. The regulatory authority is the agency within six months from the date on which the last regulatory authority has received an application pursuant to paragraph 1 to inform about a unification of the decisions of the national regulatory authorities.

(10) the Agency is responsible for exceptional decisions and you will transfer the duties this provision, if



1. a joint request from the competent national regulatory authorities is present, or the competent national regulatory authorities, no agreement within the meaning of paragraph 9 could achieve 2. within a period of six months from the date on which the last of these regulatory authorities received the request for an exception,. The competent national regulatory authorities can apply in a joint request, to extend this period up to three months.

A hearing of the national regulatory authorities and the applicant is carried out prior to the decision of the Agency.

(11) the regulatory authority has provided the Agency in accordance with paragraph 10 is not responsible to provide the European Commission with a copy of the application immediately. The regulator sent the European Commission a reasoned decision design with all the information relevant for the decision, which must contain in particular the following:



1. a detailed justification of the granted exception, including the financial information justifying the need for the exception;

2. a study on the impact of the granting of the exemption on competition and the effective functioning of the internal gas market;

3. justification of the validity of the exception as well as the percentage of the total capacity of the gas infrastructure, for which the exemption is granted

4. on exceptions in connection with a connecting cable of the consultation of the regulatory authorities concerned;

5. a note on the contribution of the infrastructure to the diversification of gas supply.

(12) the European Commission within two months after receipt of the communication require an amendment or cancellation of the decision, the regulatory authority shall comply with the decision of the European Commission within a month and to inform the European Commission thereof. The two-month period can be extended by another two months, if the Commission requests additional information.

(13) the exception decision two years after legal effect of the notification is cancelled, if the construction of the infrastructure still has not begun. The exception decision five years after legal effect of the notification is cancelled, if the infrastructure not in operation was taken, unless the Commission decides that the delay on circumstances is, on which the applicant has no influence.

(14) it in accordance with Directive 2003/55/EC concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC, OJ P. 57, granted exceptions no L 176 of the 15.07.2003 shall apply until the date laid down in the respective decision to grant the derogation.

3. main piece

Exercise requirements for network operators

1 section

Prerequisites

Approval

§ 43. The pursuit of a transmission system operator or a distribution system operator requires an approval of the regulatory authority under the provisions of this Federal Act. The approval is necessary, under certain conditions, conditions or temporarily to grant.

Permit requirements

44. (1) the approval shall be granted



1 if you expect that the permit recruiters able is the him a) imposed public service obligations, as well as b in accordance with § 5) according to the provisions of this Act to comply with imposed obligations and able is the function of transport of natural gas through a network, as well as the responsibility for the operation, maintenance, and, if necessary, expansion of the network to take advantage.

2. If the permit applicants prove concluding a liability insurance for one in Austria or one other EU or EEA Member State to operate of this insurance branch of authorized insurer of the insured amount per claim for damage to persons and amounts to at least the amount of 20 million euros, with the sum insured can; be limited to the amount of 40 million euros per year

3. If it is a natural person, this a) is intrinsically-entitled and has reached age of the 24 b) Austrian citizenship, owns or is a citizen of another EU or EEA Member State, c) has their main residence in Germany or other EU or EEA Member State) and (d) is not excluded from the exercise of approval;

4. If it is a legal person or a registered partnership, this a) has its headquarters in Germany or other EU or EEA Member State and b) has ordered for the exercise of a Managing Director.

5. where a transmission system operator is, if the certification referred to in section 119.

(2) GewO 1994 see mutatis mutandis application the exclusion reasons pursuant to article 13.

(3) the permission of equity is lost, so permission may be exercised further by a, ordered by the legal representative of the Managing Director.


(4) the authority shall Z 3 on request of the requirements referred to in paragraph 1 lit. a to c leniency to grant if the operation of the distribution system for the supply of the population and the economy is located with gas in the public interest.

(5) the requirement of paragraph 1 No. 3 lit. b is not applicable if a Managing Director has been appointed.

Technical Manager

45. (1) network operators are obliged to appoint a natural person as a Manager for the technical management and monitoring of the operation of the networks prior to the operation of a network. The ordering of multiple managers is allowed if the areas for which the managers are each responsible, are delineated.

(2) the Manager must according to § 44 par. 1 Z 3 meet the requirements and be professionally qualified to guide the operation of a natural gas line system and monitor. Section 44 (4) shall apply mutatis mutandis.

(3) the professional qualifications is by testimonials about successful back, relevant higher education and at least three years relevant practice in a company which goods in pipelines carried to prove. This is proved also by testimonials about the successfully dropped graduate at a higher technical-commercial Institute or a degree in a relevant technical college as well as at least six years relevant practice in a company which transported goods in pipelines.

(4) the requirement of paragraph 3 of the authority on request of the system operator may grant forbearance, if



1. According to the education and the recent activity it can be assumed that the designated Manager has the knowledge, skills and experience that are required for the performance of his duties, or 2. a sufficient actual qualifications may be accepted.

(5) the appointment of the Manager is to show from the network operator within a period of two months the authority. This led evidence referred to in paragraph 2 and 3 shall be provided.

(6) the Manager retires from the company of operator or will cancel its order, so the operation of the network may be exercised, further to the appointment of a new Director of the operating during two months at the latest. The departure of the Manager, as well as the Elimination of a condition of his appointment is to show the authority of the operator in writing without delay.

Managing Director

§ 46. (1) the network operator may appoint a Managing Director for the exercise of his activity, which is responsible for the compliance with the provisions of this Act the authority to. The operator remains however as far as responsible as he knowingly condone violations of the CEO's have been missing in the selection of the Managing Director of the required due diligence.

(2) the appointment of a Managing Director is to show the authority within a period of two months from the network operator submitting appropriate evidence. To be ordered the Managing Director has the following requirements to be fulfilled:



1. the conditions referred to in article 44, paragraph 1 Z 3.

2. an autonomous power to issue orders and 3. If a legal person or a registered partnership also a) belongs to the appointed legal representative body or b) is an employee is working on at least half of weekly normal working hours applicable to labour legislation in operation, or 4 at a registered person company of personally liable partner is, according to the memorandum to the Executive Board and is entitled to represent the company.

Section 44 (4) shall apply mutatis mutandis.

(3) If a legal person is personally liable partner in a registered partnership, so Z 4 is suited also para 2, if a natural person is ordered to the Managing Director in accordance with paragraph 1 of this partnership, which belongs to the appointed legal representative organ of the legal person concerned or it is a worker, is working on at least half of weekly normal working hours by labour legislation applicable in the operating.

(4) a registered partnership is personally liable partner of another such partnership, so Z 4 met para 2 also, if ordered to the Managing Director in accordance with paragraph 1 a natural person who is a general partner of the Member company concerned and within this member society prescribed Z 4 for the CEO position has in para 2. She must come to within the registered partnership prescribed Z 4 for the CEO position that Member company in para 2.

(5) a legal person is personally liable partner in a registered partnership and this person Corporation is personally liable partner of another such partnership, so Z 4 is complied with paragraph 2 also, if a person is ordered to the Managing Director in accordance with paragraph 1 of the latter person company, is part of the organ of the legal person authorised to legally represent, if also the legal person within the Member company the in para 2 No. 4 prescribed position has and if finally this member society within its member company also in paragraph 2 No. 4 prescribed position comes to.

(6) there is an obligation to appoint a Managing Director and the managing director resigns, is to see the appointment of a new Managing Director of the authority within a period of six months.

Operation duty

§ 47. With the granting of approval in accordance with § 43, a network operator is required to operate the networks operated by him fully. Business interruption, operating restrictions and the setting of the operation are the market area manager to display the distribution area manager, the Clearinghouse for transactions and price formation and the regulatory authority. In the case of the intended setting of the operation of a network, this is also the Federal Minister for economic advance viewing family and youth and the regulatory authority three months prior to the adjustment envisaged in accordance with the relevant facts and to publish on the Internet.

2. section

Liability

Liability offence

48. (1) are network operators liable for replacement by a damaging process when operating their facilities is damage in so far as this man killed, injured on his body or at his health or a thing damaged.

(2) railway and motor vehicle liability Act, Federal Law Gazette No. 48/1959, apply of article 5, par. 2, § 6 and § 8, § 10 and § 14, § 15 para 2, the section 17 and section 20 and section 23 accordingly.

Limits of liability

49. (1) the liability established in this Act is limited with respect to any damaging process in the following ways:



1. with regard to the killing or injury of persons with a principal amount of EUR 1 600 000 or with a pension, the amount of 100 000 euros per year for the individual injured. This limitation does not apply to healing and funeral expenses;

2. with regard to the damage to things with 8 760 000 euros, even if several things have; been damaged damage to property including, this amount is increased to 18 250 000 euros, the excess may be used only for these damages 9 490 000 euros.

(2) are to provide on the basis of the same event to multiple damaged dentures, the total 2 amounts referred to exceeding Z in para 1, so decrease the individual dentures in the ratio, where is your total to the maximum.

(3) prejudice to regulations, according to which network operators for the damage done to a further extent, according to the provisions of this Federal Act shall be liable, or according to which another for damages is required.

Exclusion of liability

§ 50 network operators are not, responsible in so far as



1. the wounded or killed at the time of the damaging process when the operation of the plant has been active, 2. the damaged thing at the time of the damaging process in the plant of the operation is assumed, promoted or has been accepted for transportation in this system or 3rd the damaging process through war, a warlike enterprises, civil war, riots, insurrection or terrorist attack has been created.

Proof of completion of a liability insurance policy

51. (1) permit advertisers pursuant to § 43 have to close their application a written declaration of an insurance company confirming insurance in accordance with article 44, paragraph 1 No. 2 and in which the insurer undertakes, to display any circumstance of the non-existence or the completion of the prescribed liability insurance resulted that the permitting authority.


(2) on receipt of an indication of a circumstance that has the non-existence or termination of the prescribed liability insurance result, the authority shall, if the operator can prove the existence of a corresponding liability insurance within a period to be determined by the authority to withdraw the authorization referred to in article 53.

3. section

Void the authorization for the operation of a network

Ending facts

§ 52. The approval in accordance with § 43 ends:



1. by the withdrawal of approval referred to in article 53;

2. through completion of the approval;

3. due to the death of the holder of the authorization, if it is a natural person;

4. from the sinking of the legal person or the dissolution of the registered partnership unless otherwise stated in section 54;

5. by declaration of bankruptcy over the assets of the legal entity or the non-opening of insolvency proceedings due to lack of cost-covering assets;

6. by prohibition of the operation in accordance with article 57;

7. when a company no longer that Z 20 or Z 72 circumscribed characteristics in article 7, paragraph 1 apply to.

Withdrawal

section 53. The regulatory authority shall withdraw the authorization referred to in section 43, if



1. the conditions for the granting of specific (section 44) no longer exist;

2. a transmission or distribution system operators of an obligation to demonstrate the existence of a liability in accordance with § 51, does not comply with;

3. the holder of the approval or the Managing Director as a result of serious infringements of provisions of this Act has been punished and another unlawful behavior is to be feared.

Restructuring

Section 54 (1) transfer of companies and part company through reorganization (in particular through mergers, conversions, contributions, mergers, real splits and divisions) go over the required for the continuation of the operation permits the legal successor in accordance with the provisions laid down in paragraph 2 and 3, as well as the permissions required for the operation. The mere restructuring represents no ending offence, in particular it justifies any withdrawal.

(2) the permission to further exercise of the authorisation within the meaning of paragraph 1 arises with the date of registration of the restructuring in the company register, if the assignee complies with the conditions for authorisation in accordance with article 44. The assignee is viewing the transition by connecting a corporate book statement and the documents filed to bring about the entry into the commercial register in copy at the latest within six months of the entry into the commercial register of the authority.

(3) the permission of the legal successor ends after the expiration of six months after registration of the restructuring in the company register, if he has not displayed the right transition within this period or in the case of § 44 para 1 No. 4 lit. b no Managing Director was appointed during this period.

Dissolution of a registered partnership

Article 55. The exercise of authorization (approval in accordance with § 43) a registered partnership ends, if not liquidation takes place, with the dissolution of the company, otherwise at the time of the termination of the liquidation; the approval of a registered partnership not ends when the company resumes. The liquidator has to indicate the termination of the liquidation period of two weeks the authority.

Completion of the approval

Article 56. The completion of the approval is effective the day on which the written notification of the completion of the Authority received, unless the holder of the approval shows the completion for a later date. The completion of a conditional is not permitted. The display is irrevocable after the date of their receipt by the authority.

Measures for security of natural gas supply

57. (1) a network operator does not fulfil his obligations imposed on it under this federal law, it has to apply the regulatory authority shall, within a reasonable period of time to eliminate the hindering circumstances.

(2) insofar as this is necessary to eliminate a threat to the life or health of people or to prevent of severe economic damage, the authority - can be used except if the defaulting company is a transmission system operator - an other carrier to the temporary fulfillment of this undertaking fully or partially (instruction).



1 the hindering circumstances are such that a complete fulfilment is the company not to expect imposed legal obligations or 2 does not meet the company on behalf of the regulatory authority on Elimination of the hindering circumstances, operating wholly or partly to prohibit and an other network operators to the ongoing acquisition of network operations is the company to commit.

(3) the operator obligated pursuant to par. 2 occurs in the rights and obligations arising from the agreements of the company which will be affected by the ban.

(4) the regulatory authority on its application the operator obligated pursuant to par. 2 has the use of the facilities of the company, which is affected by the ban, against reasonable compensation as far as to allow, as this is necessary for the fulfilment of its tasks.

(5) after legal effect of the notification referred to in paragraph 2, the regulatory authority at the request of the obligated party network operator has to expropriate the power taken into use in its favor against reasonable compensation.

(6) on the expropriation process and the official determination of compensation are the railway expropriation Act apply accordingly.

4. main piece

Operation of networks

1 section

Distribution networks

Obligations of the distribution system operator

Distribution system operators are following tasks section 58 (1) and transfer duties,



1. the systems operated by them according to the rules of technology to operate safely, reliably and efficiently, to get, to dimension for sustainable use or to expand and to the provision of essential emergency services;

2. the necessary to the operation of the network technical requirements to make sure;

3. plants, taking into consideration the requirements of environmental protection to operate, maintain and expand Security reports with systematic risk analysis, as well as plans for incident prevention, measures to create the limitation or elimination of accidents (planning), as well as to inform the authorities and the public concerned in serious accidents and accidents;

4. the operator of management or storage facilities, which are connected to their own facilities, to provide sufficient information to ensure the secure and efficient operation, coordinated development and interoperability of the networks and systems and with the related operator on the passing - and Übernahmemodalitäten agreements to close;

5. without prejudice to the existing information under this federal law, notification and information obligations as well as the obligations set in accordance with article 10 granting of inspection of the business documents, commercially sensitive information of which they exercise their activities knowledge to take, confidentially to handle;

6 any discrimination against the users of the network or the classes of system users, particularly in favour of its affiliates to refrain.

7 network access authorized access to their sites to the approved policies and the system usage fees determined by the regulatory authority non-discriminatory to grant;

8 with the distribution area manager contracts concluded by the a the network access authorized immediate right of access to the upstream natural gas pipelines (§ 27 para 1); to grant

9. the statements of the distribution area manager for the use of networks to meet the demands of network access entitled on network access in particular for the processing of schedules to follow;

10 producers of biogenic gases, which meet the quality requirements laid down in the General conditions of the network, to connect to its network of natural gas for the purpose of customer care;

11 contracts for the exchange of data with other network operators, market area manager, the distribution area manager, the balance and the balance Group Coordinator and other market participants, according to the market rules to complete;

12. a special balance group for the determination of power losses and own consumption, which has to meet only the necessary criteria of a balance group, to set up;

13. your policies for distribution within the market area to vote and submit for approval by the regulatory authority;

14. in accordance with the rules of the market information concerning switching to transmit, to ensure that the market area manager or the Distributor area manager can meet its commitments

15. on establishing long-term planning and network development plan to participate and projects of approved long-term planning, concerning the systems operated by them, to implement;

16 to the regulation of the regulatory authority according to § 30 of set quality standards for the Web services on the services provided to network users and other market participants to comply;

17.

for the verification of compliance with the quality standards laid down in the regulation of the regulatory authority according to § 30 of the network services to provide required information to the regulatory authority and to publish the findings of the review;

18. the distribution area manager at the same time to provide data on the current situation of pressure and volume flow of essential inputs and from feeding points of the distribution system in electronic form;

19. a liability insurance for one in Austria or another EU - Member State or EEA State to operate of this insurance branch legitimate insurers to complete, of the sum insured per insured event for injury and damage amounts to at least the amount of 20 million euros, with the sum insured may be limited to the amount of 40 million euros per year and this to the regulatory authority to prove.

(2) distribution network operators, who operate one or more distribution management systems in accordance with Appendix 1, are also committed to this equipment para 1.



1. the systems according to the distribution area manager according to the rules of technology to operate safely, reliably and efficiently, to maintain and to expand and to providing all essential emergency services;

2. needs-based capacity in accordance with the approved long-term planning of the distribution area manager to carry out itself. The distribution system operator does not fulfil this obligation, the procedure provided for in article 23 is applied;

3. the control which of them according to the distribution area manager to carry out operated transmission facilities;

4. measurements on the network area border, including data exchange with the distribution area manager, to make;

5. the knowledge of network usage at any time, in particular with regard to ensure rivers and pressure and the notice to the Distributor area manager;

6. According to the specifications of the distribution area manager, a contractual maximum power flow direction and per network coupling point to set.

(3) the balance group pursuant to par. 1 Z 12 can be set up together with other distribution system operators.

General port duty

59. (1) distribution network operators are obliged to complete to (compulsory connection) private-law contracts for connection to the natural gas distribution system, as well as the use of power to the policies of the network within the area covered by their distribution system with end users. The installation of the network user is basically with the system of the distribution system operator at the point of technically suitable, taking into account the economic interests of the power user to connect. However, in the elaboration of the concept of connection are the technical expediency, in particular the avoidance of technical excess capacity adequately to take into account the quality of care and the economic interests of all network users with regard to the distribution of net costs on all network users, as well as the legitimate interests of connection-advertiser network user's as well as the legal requirements on the distribution system operator with regard to expansion, to observe the operation and security of its network.

(2) the General port duty is not, as far as the connection is not economically reasonable to the operators of the distribution system in accordance with the interests of all the customers in a particular case.

(3) no agreement can be reached on the existence of a duty of the connection between a carrier and a consumer, the Governor decides on request by one of the parties.

Load profiles

Distribution system operators are 60. (1) without prejudice to the following provisions for the measurement of the covers and load profiles of network users as well as their plausibility is obliged to check.

(2) the regulatory authority shall by regulation to require distribution system operators for network user, whose conditioning are connected to a distribution network, whose pressure falls below a certain level and which fall below a certain level the annual consumption and counter size, standard load profiles to create and assign individual users of the network. The determination of the respective scale has on the economic justification of the measurement effort to Orient.

(3) in this regulation also form creation are set number and adjustment of the standard load profiles in the interest of a uniform and comparable way. This Ordinance shall on simple manageability and traceability of the process to take. Distribution system operators may only leave subject in justified individual cases, provided that this is required from geographical, climatic and technical conditions. In any case, load profiles between DSOs are on each other to vote, so that in the same conditions, same load profiles are used.

(4) the standard load profiles are to submit the balance Group Coordinator management (section 87). The distribution system operator can use the displayed load profiles, as long as the regulatory authority prohibits their use not with notice.

(5) the distribution system operator of an obligation not timely comply with according to the above provisions, it is to behave by the regulatory authority with notice within reasonable to repeat the failure mapping by the authority of to be determined period at his own expense.

Information requirements

section 61. Distribution system operators are obliged to advise the consumer, whose customer system is connected to your network through energy-saving measures in General and about the possibilities for the saving and efficient use of gas in particular.

2. section

Transmission networks

Obligations of system operators

Transmission system operators are following tasks section 62 (1) and transfer duties:



1. the assets according to the rules of technology to operate safely, reliably and efficiently to get to expand as needed, and to the provision of essential emergency services;

2. the operators of management or storage facilities, which are connected to their own facilities, to provide sufficient information to ensure the secure and efficient operation, coordinated development and interoperability of the networks and with the related operator on the passing - and Übernahmemodalitäten agreements to close;

3. without prejudice to the existing information under this federal law, notification and information obligations as well as the obligations set in accordance with article 10 granting of inspection of the business documents, commercially sensitive information of which they exercise their activities knowledge to take, confidential to handle;

4. any discrimination against the users of the network or the classes of system users, particularly in favour of its affiliates to refrain.

5. control of transmission systems operated by them in accordance with the coordination function of the market area manager;

6. the maintenance of the transmission facilities that affect network users are kept as low as possible respecting the coordination function of the market area manager;

7 measurements on the network area border including data exchange with the market and the distribution area manager;

8. the knowledge of network usage at any time, in particular with regard to rivers and pressure and release to the market area manager;

9. the network, taking into consideration the requirements of environmental protection to operate, safety reports with systematic risk analysis, as well as plans for incident prevention, measures to create the limitation or elimination of accidents (planning), as well as to inform the authorities and the public concerned in serious accidents and accidents;

10 network access request promptly to deal and discriminatory to grant network access authorized network access to the approved policies and the system usage fees determined by the regulatory authority;

11. the participation in the creation of a joint forecast by the market area manager for the need for capacity and the load on the networks of the market area for the next ten years;

12 to conclude, with the distribution area manager contracts from supply points to the distribution networks in the market area, which a right of access to the virtual trading point in accordance with article 31, para. 3; granted the network access authorized (the distribution system)

13. a liability insurance for one in Austria or another EU - Member State or EEA State to the operation of this branch of insurance authorized insurer to conclude, of the sum insured per insured event for injury and damage amounts to at least the amount of 20 million euros, with the insurance sum to the amount of 40 million euros per year may be limited, and this to the regulatory authority to prove;

14 contracts for exchanging data with other network operators, market area manager, the distribution area manager, complete the balance and other market participants, according to the market rules;

15 create a long-term planning together with the distribution area manager to participate in;

16.

in the regulation of the regulatory authority in accordance with section 30 of set quality standards for the Web services to comply;

17 they to the verification of compliance with the quality standards laid down in the regulation of the regulatory authority according to § 30 of the network services to provide required information to the regulatory authority and to publish the findings of the review;

18. the market area manager data on the current on and off dining capacity at the inlet and out feeding points of the market area in electronic form to submit;

19 needs-based capacity in accordance with the approved network development plan to make;

20. each year a network development plan to create or to the creation of the coordinated network development plan to participate and to submit to the approval of the regulatory authority a special balance group for the determination of power losses and own consumption, which has to meet only the necessary criteria of a balance group, to set up 21. This balance group can be set up together with other network operators;

22. with the Agency, as well as the regulatory authority, together to work to ensure the compatibility of regional regulatory framework and thereby the creation of a competitive single market for natural gas.

23. for purposes of capacity allocation of congestion management and review of network security at the regional level one or more integrated systems to have extending to two or more Member States;

24 regional and nationwide to coordinate; the calculation of cross-border capacity and the award in accordance with the requirements of Regulation (EC) No. 715/2009

25 measures aimed at transparency of the market, to coordinate cross-border;

26. in cooperation with other transmission system operators a regional assessment and forecast of the security of supply to make;

27. in cooperation with other transmission system operators under Exchange of data required a regional network development plan making;

28. their policies for network access to transmission networks within the market area to vote and submit for approval by the regulatory authority;

29 the market area manager agreements on cooperation concluded with, which allow him to the performance of his duties;

30. the rules on the settlement of the balance energy in the transmission grid correspondingly to implement;

31. the balance of the amounts of energy nominees to the Board / power users with the corresponding nomination by power users in upstream and downstream transmission system operators.

(2) a transmission network operator who is part of a vertically integrated natural gas undertaking, participates in a joint undertaking for the implementation of regional cooperation, has this joint venture to set up a compliance programme and perform it. Therein the measures are listed, which ensure, that discriminatory and anti-competitive practices are excluded. In this equal treatment program is set, what are the special duties have the employees in terms of achieving the objective of avoiding discriminatory and anti-competitive behaviour. The program requires the approval of the Agency. The compliance with the program is monitored by the compliance officer of the transmission system operator.

Coordinated network development plan

Section 63 (1) the market area manager has the task in coordination with the transmission system operators and, taking into account the long-term planning of the distribution area manager after consultation of all relevant stakeholders once a year to create a co-ordinated network development plan based on the current situation and the forecasts in the range of supply and demand. The minimum period is ten years.

(2) the transmission system operators in a market area present the coordinated network development plan together for approval of the regulatory authority. The market area manager has the approval of party status. Before introduction of the request for approval of the network development plan, the market area manager has to consult the network development plan with all relevant market participants and publishes the results of the consultations.

(3) purpose of the network development plan shall in particular,



1. market participants information about to deliver, which built major infrastructure in the next decade or need;

2. all already adopted investment to enumerate and identify new investments which must be performed in the next ten years, and 3. a schedule for all investment projects to pretend.

(4) the objective of the network development plan is in particular,



1. meeting the demand management capacities for supplying the consumer taking emergency scenarios 2. achieving a high level of availability of line capacity (supply of infrastructure), 3 the transport requirements, and 4. the obligation to complete the infrastructure standards referred to in article 6 of Regulation (EU) No. 994/2010 in the market area to comply.

(5) in the case of the preparation of the network development plan reasonable assumptions about the development of the production, supply, consumption and exchanges with other countries, taking into account investment plans for regional networks in accordance with article 12 para 1 of Regulation (EC) are no. 715/2009 and for community-wide networks in accordance with article 8, paragraph 3 lit. (b) of Regulation (EC) No. 715/2009, as well as investment plans for storage and LNG regasification facilities to be based. The network development plan must contain effective measures to ensure of the adequacy of the network and achieve a high level of availability of capacity (supply security of the infrastructure).

(6) in the case of the creation of the network development plan, the technical and economic expediency are to take into account the interests of all market participants and the consistency with the community-wide network development plan and the long-term planning.

(7) all market participants have the market area manager or the transmission system operator on written request, the data required for the creation of the network development plan, in particular basic data, to provide economic readings and technical, if these affect the capacity of the transmission system as well as other project documents for planned line installations and storage facilities, constructed, should be extended, modified or operated, within reasonable period of time. The market area manager or the transmission system operator can be used independently of other data, that is appropriate for the network development plan.

(8) in the grounds of the application for authorization of the network development plan, especially when competing projects for the construction, expansion, modification or operation of transmission facilities, are to represent the technical and economic reasons for the endorsement or rejection of individual projects and to submit the documentation of the decision upon request by the authority.

Approval of the network development plan

64. (1) the regulatory authority approved the development plan by decision. The approval requires evidence of technical necessity, appropriateness and cost-effectiveness of investments by the transmission system operators. The approval may be granted under notices of payment due by the terms and conditions, insofar as these are necessary for the fulfilment of the objectives of this Act.

(2) the regulatory authority has carried out consultations on the network development plan with the representatives of network users before decision issuing. She has to publish the outcome of the consultations and to reference in particular possible needs for investments.

(3) the regulatory authority has in particular to check whether the network development plan captures all investment needs identified in the course of consultations and whether the consistency with the community-wide network development plan referred to in article 8 paragraph 3 lit. (b) of Regulation (EC) No. 715/2009 is preserved and presented measures deemed appropriate to meet the provisions in § 63 paragraph 3 to paragraph 6. Doubts as to the consistency with the community-wide network development plan, the regulatory authority shall consult the Agency.

(4) that are reasonable costs associated with the implementation of measures, which are foreseen in the network development plan to recognize when determining system usage fees.

(5) the regulatory authority may require the change of his already proposed and yet unapproved network development plan by the transmission network operator at any time. Requests to amend the recently approved plan for network development are allowed, unless significant changes to the planning principles necessitate a new assessment.

Monitoring of the network development plan

65. (1) the regulator monitors and evaluates the implementation of the network development plan and may require the modification of the network development plan of the transmission system operators.


(2) the transmission system operators from other than mandatory, has he not for influencing reasons an investment that had to be carried out according to the power development plan in the following three years, not carried out, the regulatory authority - is obligated to take one or more of the following measures to ensure the implementation of the investment if the investment on the basis of the most recent network development plan is still relevant - :



1 the regulator calls on the transmission system for the implementation of the investment;

2 introduces a tendering procedure for the implementation of the investment regulatory authority, which is open to all investors, where the regulatory authority can appoint a third party carry out the tender procedure;

3. the regulatory authority required the transmission system operator to agree to a capital increase with regard to the financing of the necessary investments and allow independent investors an equity stake.

(3) the regulatory authority introduces a tendering procedure pursuant to par. 2 No. 2, she may oblige the transmission system operator to accept one or more of the following measures:



1. financing by third parties, 2. construction by a third party, 3. establishment of such new investments by the transmission system operators, 4. operation of the new equipment by transmission system operators themselves.

(4) the transmission system operators will provide all documents required for the implementation of the investment the investors, connects the new plants to the transmission network and will strive to facilitate the implementation of the investment project. The relevant financing arrangements require the approval of the regulatory authority.

(5) is the regulatory authority of its powers pursuant to par. 2 Z 1-3 use, so the reasonable costs of the investments referred to in article 82 are taken into account.

Capacities for flows in both directions

§ 66. Applications for authorisation of proposals and exception requests to the transmission system operator in accordance with article 7 of the Regulation (EU) No. 994/2010 decides the regulatory authority. The approval may be granted under notices of payment due by the terms and conditions, insofar as these are necessary for the fulfilment of the objectives of this Act.

3. section

Common provisions

Web linking agreement

67. (1) network operators are obliged contracts together uniform network coupling for all linking their systems connecting coupling points. The network coupling contracts at the network linkage points are to complete, incorporating and according to the specifications of the market area manager on the one hand and the distribution area manager on the other hand. Network linkage agreements are with foreign network operators and operators of storage and production facilities in appropriate way to pursue. Insofar as these agreements with foreign networks or operators of storage and production facilities have implications for the control of the distribution system, the conclusion is in turn according to the distribution area manager to seek.

(2) power coupling contracts regulate the technical conditions of the connections of networks while maintaining the objectives of this Act. Power coupling agreements must include at least information on the following items:



1 technical information on the operation of the network coupling point and the networks connected to the mains power point, in particular pressure and gas composition;

2. designation of necessary data and information to the technical control of the connecting coupling points;

3. methods of data and exchange of information;

4. procedure of treatment occurring deviations particularly station downtime, inaccuracies and differences between nominees and allocated volumes of gas;

5. procedures and conditions of reciprocal provision of Linepack (Linepack) in accordance with paragraph 3.

The power coupling contracts are to indicate the regulatory authority. The regulatory authority is entitled to demand the change of power coupling contracts if they conform to the provisions of this Act with notice.

(3) each transmission system operators has set for the adjacent transmission system operators and the downstream distribution system operators on the network coupling points balance sheet accounts, which can be used for mutual retrieval of Linepack (Linepack). The balance sheet accounts are as large as technically possible and economically reasonable to agree. The limit of the balance sheet accounts of a power coupling point can be different sizes for different networks.

(4) as far as timetables or nominations to give are a power coupling point, the contracts to make are that network users normally can be an exact implementation of the same.

4 part

Virtual trading point

Tasks and duties of the operator of the virtual trading point

68. (1) the virtual trading point is an affiliated to the market area virtual point at which natural gas can be traded by market participants, also without network access permission for the relevant market area. Access to the virtual trading point is carried out on the basis of the operational rules of the market area manager and the transmission undertakings in accordance with the rules of the market. The virtual trading point is associated with no physical single or exit point and enables buyers and sellers, without capacity booking to buy or sell natural gas.

(2) the market area manager designates the operator of virtual trading point to the regulatory authority.

(3) the operator of the virtual trading point has independently with regard to legal form, organisation and decision, in particular by a vertically integrated natural gas company, to be. In addition, the following applies:



1. it is in the form of a joint stock company to lead and to equip with a capital of at least EUR 2 million;

2. people of management may in other parts of the vertically integrated natural gas undertaking, or when its majority shareholder hold directly or indirectly professional positions or perform professional duties, or maintain interest or business relations with them;

3. the operator of the virtual trading point has immediately all names and conditions on function, to inform contract term and termination, as well as the reasons for the order or for the termination of the contract by persons of the management of the regulatory authority.

(4) the operator of the virtual trading point are transferred for the purpose of the concentration of the trading of gas at the virtual trading point, following tasks:



1. the independent operation of the virtual trading point in cooperation with the market area manager;

2. the provision of commercial hub services tracking in particular "title" for the detection of the ownership transition from natural gas at the virtual trading point;

3. the electronic logging and settlement of amounts of energy from commercial transactions at the virtual trading point;

4. the processing of trade nominations in continuous operation (168 hours per week) in connection with market participants at the virtual trading point;

5. the provision of an electronic "back-up/back-down" platform to best maintain of the processing of commercial transactions in the case of under - or traditions at the virtual trading point;

6. providing of an interregional connection to neighboring market areas in cooperation with neighbouring system operators;

7. the cooperation with stock exchanges and settlement agents for exchange transactions, with regard to the processing of stock exchange nominations on behalf of the settlement agency for stock exchange transactions (Clearinghouse) on the virtual trading point;

8. providing a supra-regional balancing platform in cooperation with the concerned network operators according to European legislation.

(5) in addition, the operator of the virtual trading point is entitled, all other functions and features that are necessary and useful for the operation of the virtual trading point in the meaning of this law, to offer, provided that this does not affect the tasks referred to in paragraph 4.

(6) the operator of the virtual trading point is required, active processes of consultation with market participants, and making the regulatory authority is also entitled the implementation of services that are desired in the course of this consultation process by market participants, to demand from the operator of the virtual trading point the regulator. This applies under the condition that these services in accordance with international standards according to EASEE gas, the Agency for the cooperation of energy system operators for gas (ENTSOG) and European Federation of energy traders (EFET) are regulators (ACER), the European network of transmission and can be carried out economic and legal framework conditions.

(7) the operator of the virtual trading point has to meet the following requirements and conditions:



1 it is forbidden to take those individuals who take his services or intend, in particular in favour of vertically integrated natural gas company, discriminatory to treat. the operators of virtual trading point.

2.

The operators of virtual trading point is required to document the operation and on reasoned request from the regulator, to provide access to this documentation to the proper assessment of legally-compliant operation of the virtual trading point.

3. without prejudice to statutory obligations, the operators of virtual trading point has commercially sensitive information as well as business and trade secrets, of which he becomes aware in the exercise of its business activities, to keep confidential.

4. the operators of virtual trading point has particular care must be taken that bilateral price data is treated strictly confidential, unless this would violate not other legal obligations. Special confidentiality obligations to its shareholders.

5. the shareholders of the owner of the virtual trading point refrain from any action that would impede the fulfilment of obligations of the owner of the virtual trading point or compromise. All contractual relations between the operators of virtual trading point and contractors or service providers must be secured with appropriate confidentiality obligations.

6. in addition, the operators of virtual trading point by appropriate compliance measures ensures that confidentiality in relation to its functions in stock exchange transactions and over-the-counter transactions is maintained.

7. for the operators of virtual trading point active and for the OTC trade, responsible persons must be responsible at the same time not for the operation of the stock market. The confidentiality area established by the operators of the virtual trading point of the "middle office" has for all OTC activities and physical hub services to apply, whereas the confidentiality area "Market Operations" must ensure the legal requirements for activities in connection with the gas exchange. A compliance officer to bestellender by the operator of the virtual trading point, monitoring compliance with these rules. A report every year to postulates of this compliance officer, is to provide the regulatory authority.

8. for the purposes of transparency, the owner of the virtual trading point published regularly general market information in an anonymous and aggregated form, on the Internet. Furthermore the operators of virtual trading point, potentially market-influencing information, is if he becomes aware of it, without discrimination and without undue delay in a suitable form available.

9 § 9 to § 11 shall apply also for the operators of virtual trading point.

5 part

System usage fees

1. main piece

Procedure for setting the system usage fees

Determination of the cost base

69. (1) has the regulatory authority officio periodically to determine the cost, the targets and the quantity of distribution system operators with notice.

(2) the regulatory authority shall at the request of the transmission system operator or officio periodically by a decision to approve methods submitted by the transmission system operator in accordance with article 82. The authorisation shall be limited in time.

(3) the Chamber of Agriculture of Austria, the Austrian Federal Economic Chamber, the Federal Chamber of labour and the Austrian Trade Union Confederation is prior to the conclusion of the investigation to give the opportunity to comment. The regulatory authority has to provide information to their representatives and to provide insight into the procedure act. Commercially sensitive information, the representatives in exercising their inspection rights becomes aware of which are confidential. The Austrian Chamber of Commerce and the Federal Chamber of labour can appeal in accordance with section 9, paragraph 2 E-ControlG against decisions of the regulatory authority referred to in paragraphs 1 and 2 because of violation of the provisions in article 73 to § 82-regulated and subsequently at the Administrative Court in accordance with article 131 B-VG rise.

System usage fees and compensation

70. (1) the system usage fees in the distribution system are considering a cost rolling pursuant to section 83 based on which ff determined cost and the quantity structure regulation of the regulatory authority determines in accordance with §§ 79. The system usage fees, determined using the method referred to in article 82, in the transmission system be put in place by the regulatory authority regulation.

(2) if necessary, compensation payments between operators of a network area or market area are determined in the regulation. The type of discovery from compensation between transmission system operators is part of the methods referred to in article 82.

(3) the issue of regulation has an opinion procedure to go ahead, which particularly affected network operators, network users and the representation of interests referred to in article 69 paragraph 3 ensures the opportunity to comment within a reasonable period of time.

(4) after completion of the opinion procedure, all documents are request to submit the regulatory Advisory Committee. The Chairman may invite also expert advice in the regulatory Advisory Committee. At the imminent danger, the hearing by the regulatory Advisory Committee may be omitted. This is however subsequently delay the matter to deal with.

(5) the regulator and operators have to submit all documents necessary for the assessment of the draft of regulation the regulatory Advisory Committee, as well as to provide information.

Adjustment account

Differences between the actually achieved and the underlying the regulation underlying revenues in the determination of the cost base for the next pay period are § 71 (1) in determining the costs to be considered. Differences are in the context of the statements of of financial, taking into account the applicable accounting rules to enable or passivating.

(2) substantial extraordinary income or expenses can be distributed via the regulation account over a reasonable period of time.

(3) a cost decision overturned, is a different cost determination in the replacement decision during the determination and approval of cost basis over a reasonable time period to be considered.

(4) If a cost decision is amended by the regulatory Commission, is a different cost statement in the decision of the regulatory Commission in the determination or approval of cost basis over a reasonable time period to be considered.

(5) if the system usage fees regulation repealed by the Constitutional Court or the Constitutional Court has pronounced that a regulation was illegal, and arise from deliveries or profit, these are during the determination and approval of cost basis over a reasonable time period to be considered.

2. main piece

Remuneration components

Determination of system usage fees

Power users have § 72. (1) for the provision of all services provided by the operators in compliance with the obligations imposed on them, to pay a system user fee. The system license fee has the principle of equal treatment of all system users, facilitate an efficient gas trade and competition, to comply with the cost-orientation and widest possible causation justice and to ensure that natural gas will be used efficiently and not unnecessarily increase the volume of distributed or transported energy. The system license fee in the distribution network consists of the Z 1 to 5 designated components in para 2. One about the in para 2 Z 1 to 5 listed fees and beyond clearing in direct connection with the operation of the network is without prejudice to the special provisions of this Federal Act, prohibited. The system license fee in the transmission grid consists of the Z 1 to 3 designated components in para 2. The levying of charges in the context of market-oriented capacity-allocation procedure is allowed.

(2) the system license fee shall be determined from the



1. network use charge;

2. network access charge;

3. network deployment charge;

4. remuneration for measuring performance, as well as 5. fee for other services.

The charges stated in the Nos. 1, 3, 4 and 5 for the distribution system are to determine where the fees in accordance with Nos. 1, 3 and 5 as fixed prices are to determine by regulation the regulatory authority. The charge referred to in no. 4 is to determine maximum price. The charge referred to in no. 1 to 3 for the transmission network is to identify for the affected entry and exit points for a method to be approved by the regulatory authority pursuant to article 82 on a proposal from the transmission system operator and to set by regulation according to article 70. The fees must be indicated in euro and cents per unit.

(3) the regulatory authority has to determine system usage fees for network users of the distribution system, which are, to which the system is connected on the one hand on the relevant entry and exit points, and on the other hand on the network as well as the level of network regulation. The regulation lays down the relevant entry and exit points of the distribution system. Guidelines about which power levels of equipment, as well as the Verrechnungsmodalitäten are set in this regulation.

Power fee in the distribution network


Section 73 (1) through the network license fee costs in particular for the establishment, expansion, maintenance and operation of the power system including the costs associated with the construction and the operation of counting facilities including the calibration and data readout on / off feeding points, with the exception of customer equipment, and the proportionate cost of the distribution area manager in accordance with section 24 be compensated operator. The regulatory authority can make transmission fees taking into account uniform tariff structures time-variable or variable load. Fees for guaranteed and interruptible capacity bookings can be provided and measured on the likelihood of interruptions to reflect. The performance-related share of the network licence fee is a period to one year and can be determined as a lump sum. The settlement period is shorter or longer than a year, then the fee prescribed for the performance-based network usage rate is per day to aliquot. The determination of minimum services and charges for service overruns is allowed. Different transmission fees can be prescribed for claims shorter than a year, as well as for the total or partial non-continuous use of the power system.

(2) the network license fee in the distribution network is to be paid by end-users per counting point of the network level and by network operators within network areas per network coupling point. The network license fee of 1 level must not fall below that level 2. It is to set labor and performance and regularly to invoice. To determine of the basis for the allocation of the performance-related share of the network user fee, the arithmetic mean is which to attract measured highest hourly rate or the contractual maximum monthly either in the payroll period.

(3) the network license fee in the distribution system at the network coupling points between the areas of the network pursuant to article 84, paragraph 2 No. 3 is related to paid work and/or the contractually agreed performance by operators per network coupling point and/or by means of cost rolling pursuant to section 83 subsection 3 per network area.

(4) the network license fee in the distribution network on the market area border is related to pay contractually agreed output per input and exit point of single feeders and discharge employees.

(5) the network license fee in the distribution system for the Board of the distribution system in storage facilities is based on contractually agreed performance uniform per exit point from the memory company, the natural gas storage manage to pay.

(6) the network license fee in the distribution system for the feeding into the distribution system from production or production of biogenic gas is to be paid on the contractually agreed performance per supply point by the producer or by the producers of biogenic gases.

(7) a computational investigation of consumption necessary for billing, it must be counting points without load profile meter operator solely according to the applicable standard load profiles, carry out transparent and comprehensible. A computational investigation of consumption value deviates from the actual values, an unpaid invoice correction is to carry out.

Power fee in the transmission grid

Section 74 (1) through the network license fee costs in particular for the establishment, expansion, maintenance and operation of the power system including the costs associated with the establishment and operation of counting facilities including the calibration and data readout, and the proportionate cost of the market area manager be compensated operator. The network license fee in the transmission grid is set relative to the contractually agreed performance per single - and exit point in the transmission system of the market area, and each exit point out of the transmission system in the distribution area separated from each other and is to be paid by the a risers or discharge employees or for the exit points in the distribution system from the distribution area manager. There are charges for guaranteed and interruptible capacity bookings anyway, see above. Capacity with limited attribution and load flow commitments are in the setting of charges into account. Fees for contracts with a term of more than one day may not significantly less than the sum of the fees for daily contracts during the period. The determination of minimum services and charges for service overruns is allowed.

(2) the network license fee in the transmission system for the Board of the transmission system in storage facilities is based on the contracted capacity per exit point from the memory company, the natural gas storage manage to pay.

(3) the network license fee in the transmission system for the feed in the transmission system from production or production of biogenic gas is to be paid on the contractually agreed performance per supply point by the producer or by the producers of biogenic gases.

Network access charge

Section 75 (1) through the network access charge all expenses reasonable and corresponding to the market price be compensated operator which are directly connected with the first time making of a connection to a network or the amendment of a connection due to an increase of the power of a network user. The network access fee is to be paid only once and to present the network users in a transparent and comprehensible way. Provided is paid for the power supply of the network user, the amount of the network access fee is to reduce accordingly.

(2) the network access charge is to charge cost-oriented, where the operator may provide an in-patient for comparable power users of a network level.

Network provisioning charge

76. (1) will power users the network provisioning charge in the manufacture of the mains supply or increase the contractually agreed performance performance-related lump sum for the already carried out and necessary extension of the network to enable the connection charged as. It is calculated according to the agreed level of network usage. It is on the occasion of the completion of the network access agreement or increase the contractually agreed performance once billed to be.

(2) network deployment payments are to refund to request network user's period of 15 years from the date of payment to reduce the contractually agreed performance lasting at least three years continuously, or three years after closure of the mains connection of the network user pro rata to the extent of the reduction of the contractually agreed performance. The refund of the network deployment fee charged for the minimum output is not possible.

(3) the agreed maximum is reduced for existing as at 31 December 2008 customer installations, no network deployment charge is required for a subsequent boost of the contractually agreed maximum power on the original extent.

(4) the calculation of the network deployment consideration has to be aligned with the average development cost for new and for the expansion of existing networks.

(5) actually collected network deployment charges are related to resolve on the respective power levels, so that it reduces the costs affect the network license fee over a reasonable period of time.

(6) the network provisioning charge for the transmission network is set separately in the methods referred to in article 82. Para 2 to 5 shall apply exclusively to the distribution system.

Pay for performance

§ 77. (1) the fee to be paid by the network user for measuring performance directly attributable costs are compensated operator associated with the establishment and operation of counting facilities including the calibration and the readout of the data. Measurement services are included in the network use charges pursuant to § 73 para 5 and 6 relating to input and fed in, storage facilities or power feeds from production plants.

(2) the fixed fees for measuring performance are maximum prices and apply the set up each type of measurement. Pay for performance is to charge regularly and always effort-driven. As far as measuring devices provided by the users of the network, it is to reduce accordingly.

(3) the fee for measuring performance is to refer to a period of one month and is not per month following reports by the day to aliquot.


(4) a drain or readout of the counting device has - with the exception of load profile meters in any case at least every month obtained from the network operator - to be carried out at least once a year. While an and read out by the operator at least once every three years itself must be made. Be done by the network user the reading and transmission of the measured data, the network operator to conduct a plausibility check of the transmitted data is obliged. A computational investigation of measured values is allowed only in those cases where the power users of the possibility offered to him has not made use to the self reading and transmission of data to the network operator and a drain read attempt by the network operator, for a reason which to map the area of responsibility of the network user is, was unsuccessful.

Fees for other services

§ 78. The network operators are eligible for the provision of other services that not by the charges pursuant to § 72 para 2 Z 1 to 4 are satisfied, and the network user immediately caused, to charge a separate fee network users. The fees for other services are by the regulatory authority by regulation reasonable to set, where on the principles set out in article 72, paragraph 1, on the social impact carefully to take is. Fees for other services are caused changes of the measuring set for reminders, as well as by the network user. The fee payable for the switch-off in accordance with section 127 subsection 3 and recovery of network access shall not exceed a total of 30 euros.

3. main piece

Principles of cost and quantity determination

Cost calculation for distribution system operators

79. (1) the costs underlying the charges must comply with the principle of cost transparency and are differentiated to determine power levels. Fact and the amount of reasonable cost must be considered. Network security, security of supply, taking into account quality criteria, which is to take account of market integration and energy efficiency. The determination of the costs on the basis of an average viewing emanating from a rationally guided, comparable companies is allowed. Investments are based on historic cost and the financing costs to take into account in an appropriate manner. Extraordinary expenses or income can be distributed pro rata over a multi-year period. The cost associated with an efficient implementation of new technologies are appropriately taken into account in the charges, taking into account the principles described and the use of synergies. The cost of the distribution system operator for the network license fee in the transmission system in accordance with section 74 as to take account of cost of power level 1.

(2) for the calculation of costs, there are targets to be based based on the savings potential of the company, the structural development of the task of supply and market share in their respective network. Where are the determined cost of general objectives, based on trends in productivity, as well as to customize the network operator-specific inflation. Individual targets can be taken into account due to the efficiency of the operators. The methods to be used here have the State of science to suit. When determining the individual objectives, individual sub-processes can be used in addition to an overall corporate view for factual comparability. This is to ensure that the distribution system operator incentives, to increase efficiency and appropriate to be able to carry out necessary investments.

(3) the period for the realisation of the targets (target attainment period) can be divided by the regulatory authority in the respective costs decision in single or multi-year regulatory periods. At the end of regulation period can undergo the company individual efficiency progress of evaluation. After a period of adjustment, an efficiency comparison or an alternative corresponding to the level of scientific regulation system for determining the transmission fees can be again implemented.

(4) the vertically integrated natural gas undertakings affected by allocations, the costs of the operator the operator must prove these costs sufficiently. At the request of the regulatory authority has the vertically integrated natural gas undertakings to submit the calculation basis for the allocations.

(5) to cover the network operator specific inflation rate, a network operator price index is taken into account. This consists of published partial indices, representing the average cost of the network operators.

(6) targets referred to in paragraph 2 as well as the network operator-specific inflation rate in accordance with paragraph 5 only affect the costs impressionable by the company. Non-influenceable costs are particularly cost:



1. for the use of functionally related networks in Germany and for the distribution area manager;

2. for land taxes for the use of public reason (use tax);

3. to cover network losses on the basis of transparent and discrimination-free procurement;

4. on the basis of legal regulations in the wake of spin-offs which have passed the merits at the time of the full liberalisation of the natural gas market with October 1, 2002. The immediate cost elements are set at the latest after the expiry of 3 months from the entry into force of this law by a regulation of the Commission.

(7) the costs for the provision of network usage fees in accordance with article 73 are based on the respective power levels on the basis of identified total cost less politicized one measuring fees to determine fees for other services, as well as the proportional resolution of deferred Netzbereitstellungs and network access charges. The determined total cost are reduce received subsidies and aid.

Financing costs for distribution system operators

80. (1) financing costs have to cover the reasonable costs for the payment of interest on equity and debt capital, taking into account the conditions of the capital market and the cost of income taxes. Sponsored financing are adequately taken into account.

(2) the financing costs must be determined by multiplying the appropriate financing cost rate with the capital base limit. This is the interest-bearing inventory of reserve, taking into account the financing tangent, which is to be recorded in personnel expenses, cost-reducing.

(3) the financing cost rate shall be determined from a weighted average cost of capital on the basis of a standard capital structure as well as the income tax. The standard capital structure has general cross-industry as well as significant company-specific factors to consider, which fall short of the equity ratio to more than 10%. A market risk premium for the equity and debt capital, the conditions of the capital market, as well as a risk-free interest rate are taken into account. A multi-year average may be used in determining the risk-free interest rate.

(4) the interest-bearing capital base shall be determined by the underlying costs set record within the meaning of article 8 of the distribution activity. It results from the tangible fixed assets required for the network operating and intangible assets less passivated network access and network deployment fees (construction grants) and any goodwill. In the case of consortia of network operators a higher capital base can recognised, if this merger achieved synergies immediately lead to a reduction of in overall costs.

Determine of the quantity structure for distribution system operators

81. (1) the amounts underlying the charges are based on delivery and single quantities of food in kWh, the arithmetic means of the monthly measured in the period under review and appropriate highest hourly services in kWh/h and the number of counting points of the last available business year per level to determine. Current or expected significant effects at the development of amounts of as well as structural developments with implications for the natural gas market, can be considered both the quantity as well as the performance component and the number of counting points.

(2) the underlying the cost rolling performance values per level determined from the highest hourly performance, from the sum of transfer services or the amount of the contractually agreed performance.

Cost and quantity determination for transmission system operators


82. (1) the tariffs of the transmission system operator is calculated on the basis of a method to be approved by the regulatory authority decision, which has to comply with the requirements of article 13 of Regulation (EC) No. 715/2009. The costs underlying the calculation of the tariffs and quantity structure are to record in the notification. This is to ensure that incentives there are for the transmission system operators to improve efficiency and appropriate to be able to carry out necessary investments. The treatment of proceeds from market-based capacity allocation procedure are taken into account when establishing the method. section 80 shall apply mutatis mutandis. The method is through prompt the regulatory authority to amend or to recreate. The tariffs resulting from the approved method are set by regulation of the regulatory authority and to publish on the Internet.

(2) the quantity structure is to determine on the basis of the contractually committed capacity and to face the maximum technical capacity.

(3) the amount determined by applying the method by the transmission system operator is to demonstrate the regulatory authority and to demonstrate through the submission of all calculation bases. The quantity is to demonstrate and to prove the template documentation. Decision to authorize, if in determining the costs, as well as the quantity structure complied with the requirements of the method are the cost and the quantity. The regulator has to redetermine the cost if the transmission system operator in determining the cost has not met the specifications of the method.

(4) the permit has in any case by ruling to be made if the requirements referred to in paragraphs 1 and 2 are met and the resulting from these methods rates not much above the average of published transmission tariffs (transmission fees), simultaneously with the method to be approved to provide the regulatory authority, are for similar transport services on comparable systems in the European Union.

4. main piece

Principles of fee determination

Pay determination and cost rolling

83. (1) is on the network as well as the level of network to which the system is connected per reporting point or on the entry and exit points to the system usage fees of the distribution system. It is calculated on the basis of determined circulating cost and of the quantity structure.

(2) in the case of several network operators within a network area the determined cost and the observed quantity of this carrier per power level are for determining the system usage fees to summarize. Differences between the observed costs and the revenues resulting on the basis of the quantity structure per carrier should be within the network range. Appropriate compensation between the network operators of a subnet range are set in the regulation according to § 72 ABS. 3. Those costs and that quantity, which form the basis for determining the system usage fees are basis for the determination of compensation.

(3) the costs of network level 1 of a network operator are to determine of the network user fee in accordance with section 73 to reason. The cost of network level 1 of a network area are to pass 2 and 3, taking into account the revenues of network level 1 at the network level. The cost of level 2 is to pass 3, taking into account the revenue of level 2, at the network level. The procedure used to push the cost of rolling is to determine by Regulation pursuant to § 72 ABS. 3 of the regulatory authority. The cost in a reasonable proportion between transported performance (net power, kWh/h) and spent working (gross energy, kWh) on the network to distribute.

Power levels, and network areas

84. (1) when power levels, to go out is that at the education of system usage fees are determined:



1. assets in accordance with Annex 2;

2. distribution systems of the network level 1 in accordance with Appendix 1;

3. distribution systems of of level 2 with a pressure > 6 bar;

4. distribution systems of at network level 3 ≤ 6 bar pressure.

(2) when network areas are to be provided:



1. for the assets in accordance with Annex 2: transmission range: the transmission facilities listed in Appendix 2.

2. for the level 1: a) Ostösterreichischer range: the distribution systems listed in Appendix 1; Moreover, those lines are in the level 1 to include, connecting inlet and outlet of network area or a market area. A continuation of a distribution line is then included in the level 1, if this establishes a new connection in a different distribution or transmission system or in another market area;

b) Tyrolean area: the cut across the market area border section of all lines in Tyrol;

c) Vorarlberg area: the cross-border pipeline section from Germany to Vorarlberg;

3. for the other power levels, the respective by the networks in the network levels referred to in paragraph 1 Z 2 to 4 covered areas of the companies listed in Appendix 3 where the networks of different operators headquartered within the same State grouped together into a network area.

(3) the lists of transmission systems, distribution systems and natural gas undertakings contained in appendices 1, 2, and 3 are by regulation of the Federal Minister for Economics, to amend, where appropriate, family and youth according to the actual conditions. An opinion of the regulatory authority must be obtained before issuing the regulation of the Federal Minister of economy, family and youth.

6 part

Balance sheet group system

1. main piece

Clearinghouse for transactions and pricing for the balance energy (balance Group Coordinator)

Concession

85. (1) the operation of a clearing house for transactions and pricing for the balance energy in the distribution system (balance Group Coordinator) requires a concession of the Federal Ministry of economy, family and youth. A concession is granted usually for a market area. However, the licence for multiple market areas is allowed for reasons of expediency and cost savings.

(2) the licence shall be granted in writing and can be provided to ensure the tasks required terms and conditions taking account of paragraph 5.

(3) the applicant has the application for granting a licence to join the following documents:



1. information about the seat and the legal form;

2. the articles of incorporation or the social contract;

3. the business plan, from which emerge, the organisational structure of the company and the internal control procedures; also has the business plan to contain a budget forecast for the first three financial years;

4. a description of the available clearing and price system for the balancing energy in technical and organisational terms;

5. the amount of initial capital without restriction and without stress free due the business leaders in the country;

6. the identity and the amount of the participation of the owners, who have qualifying holdings in the company, as well as providing the group structure, if these owners belong to a group;

7. the names of the intended business leader and their qualification for the operation of the company.

(4) are several applications for a licence for a market area, is the concession to issue the applicant who best meets the licensing requirements and the economic interest in a functioning gas market.

(5) according to the harmonisation of rules of compensation in transmission and distribution system, according to the regulation referred to in section 41 (4), have the Clearinghouse for transactions and pricing for the balance energy in the distribution area, the market area manager and operator of the virtual trading point, through common technical and organisational measures and cooperation to ensure a system of balancing energy management in the market area.

Exercise requirements

86. (1) a licence referred to in section 85 may be granted only if,.



1. the applicant inexpensively and safely to carry out the duties specified in section 87 is able; a cost-efficient performance of the tasks is to accept anyway, then if in determining the cost base for the clearing house, which are placed to determine the procedure to be applied system usage fees and principles underlying;

2. for the distribution system for the licence is applied for, a licence holder is present;              

3. the persons, who have qualifying holdings in the company, meet the requirements to be in the interest of the sound and prudent management of the company;

4. through close links of with other natural or legal persons, or registered partnerships of the company supervisory authorities on the effective exercise of their supervisory duty; not prevented from

5.

Laws, regulations and administrative provisions of a third country, a subject with the company in closely related natural or legal person or registered partnership or difficulties in the application of these provisions prevent the supervisory authorities to the proper fulfilment of their obligation to monitor;

6. the initial capital amounts to at least EUR 3 million and the business leaders is unlimited and without stress free and the personnel and material equipment of the company as well as the management and administration of the Clearinghouse is best assured;

7. If any of the business leaders exclusion is a reason within the meaning of § 13 para 1 to 6 GewO 1994;

8. against any CEO a judicial preliminary investigation for a premeditated, threatened with more than one year imprisonment Act has been initiated up to the legal force of the decision, which terminates the criminal proceedings;

9. the Managing Director on the basis of their qualifications are technically suitable and that have experience and required properties for the operation of the company. The professional competence of a Managing Director assumes that this has sufficient theoretical and practical knowledge in the settlement of balance energy, as well as management experience; the professional competence for the management of a clearing house is to think if an at least three senior activity in the field of tariff classification or accounting;

10. at least a CEO has his life interests in Austria;

11. the company has at least two managing directors and the single authority, a single power of attorney or a single power of Attorney for the entire business operation is excluded in the statutes;

12. no Director performs another main profession outside this company which is suitable to cause conflicts of interest;

13 there are of the seat and the head office in Germany;

14. when the available settlement system complies with the requirements of a modern settlement system;

15. the neutrality, independence and the confidentiality of data compared with market participants is ensured.

(2) the operators in the market can buy shares at the balance Group Coordinator.

Tasks

Tasks of the balance Group Coordinator are 87 (1):



1. the administration of working in the distribution system balance group in terms of organizational and payroll technical;

2. the calculation, mapping and transfer the balance energy in the distribution networks;

3. the conclusion of a contract) with balance, network operators, natural gas traders, producers, storage company and the distribution area manager, the operators of virtual trading point and the market area manager;

(b) with facilities for the purpose of data exchange to create an index.

(c) with the operator of the virtual trading point of the disclosure of data;

(d) with natural gas traders, producers and storage company about the transfer of data;

(e) into the upstream foreign network operating natural gas - or storage company or other suitable persons for the provision of balancing energy in the network areas of Tirol and Vorarlberg (para. 4).

(2) the management of balance groups in terms of organisational and technical accounting in the distribution system includes in particular



1. the allocation of identification numbers of the balance group in coordination with the market area manager;

2. the provision of interfaces in the field of information technology;

3. the settlement of the clearing fee (article 89) in the balance;

4. the acquisition of the data transmitted by the distribution system operators in the prescribed form, their evaluation and dissemination to the relevant market participants and other balance according to the provisions contained in the treaties;

5. the acquisition of schedules of the balance and pass it on to the relevant market participants according to the provisions contained in the treaties;

6. the credit check of the balance in regard to the activities in the distribution system;

7. the participation in the elaboration and adaptation of regulations in the field of switching, processing and billing;

8. the settlement in the distribution system with resolution of financial groups;

9. the allocation and assignment of the difference arising due to the use of standardised load profiles on the market participants connected to the network of an operator after the readings according to transparent criteria.

(3) the balance Group Coordinator has to procure natural gas to the application of physical balance energy according to a transparent, discriminatory and market-based procedures, including all appropriate application possibilities for the distribution system to the extent as the procurement via the virtual trading point in accordance with article 18, paragraph 1 is Z 22 not sufficient. The applicable procedure is to set no. 3 by regulation the regulatory authority in accordance with section 41, paragraph 2.

(4) part of the calculation, assignment and settlement of balance energy for the distribution system has the balance Group Coordinator



1 the difference of timetables or nominations to measurement data to take over and to calculate; the balance energy

2. the prices for balance energy according to the regulation in accordance with § 41 para 2 Z 3 procedures to determine and in an appropriate form to publish;

3. the charges for balance energy to calculate and in the distribution system to make balance, as well as distribution system operators (article 58, paragraph 1 Z 12) to charge;

4. specific measures, if there are no offers for balance energy for the distribution system;

5. the used standard load profiles to record, archive and publish in an appropriate form.

General terms and conditions

88. (1) the balance Group Coordinator has in § 87 par. 1 Z 3 listed on the basis of policies to contracts. The policies require the approval of the regulatory authority.

(2) the policies shall contain in particular:



1. a description of the method to be applied for the calculation of the balance energy incurred for the individual operators and distribution system operators;

2. the criteria used for the formation of the polling order taking into account the intended procurement in accordance with article 18, paragraph 1 Z 22;

3. the method applied for the pricing of balancing energy in the distribution system;

4. the principles according to which the balance group in organisational terms are managed;

5. the data to be provided by the operators, distribution system operators, and balance;

6 the essential market rules concerned in the tasks of the balance Group Coordinator to the application, including the obligation of the contractor to comply as well as 7 the obligation of balance by working in the distribution system balance groups to the security deposit (cash deposit, bank guarantee, deposit of not pledged savings accounts) at an appropriate level to be expected in this respect according to the circumstances of the individual case is that of the balance not or not timely comply with his payment obligations.

(3) this approval is, where appropriate, subject to conditions or limited to give, if policies correspond to the economic interest in a functioning gas market and are suitable for carrying out the tasks described in section 87. The time limit must be at least a period of three years.

(4) the balance Group Coordinator is required to change policies on request by the regulatory authority or to recreate.

Clearing fee

§ 89. For the services rendered to the fulfilment of the tasks of a balance Group Coordinator, the regulator has to determine a fee by regulation. The expenses associated with the tasks, including a reasonable profit surcharge this charge is to be based. The principles of cost determination in accordance with section 79 and section 80 are to apply by analogy. Base is sales to natural gas of the balance group in the distribution system and the degree of use of the services of the balance Group Coordinator by the respective balance group. Except pay a clearing fee is the special balance group for net losses and power consumption.

2. main piece

Balance group

Summary of network users in balance groups

90. (1) network users are obliged to join a balance group or form your own balance sheet set.

(2) network users are obliged according to their legal and contractual obligations



1. data, to determine of their usage and their transport requirements serving counter values and other information to market area manager, distribution area manager, service provider, to provide balance and the balance Group Coordinator in accordance with the obligations arising from the contractual agreements and to provide, as far as this is necessary to maintain a competitive gas market and promoting consumer protection.

2.

to comply with the technical specifications of the operator when using their own counting facilities and equipment for data transmission;

3. messages with suppliers - and change of balance groups to leave, as well as to meet the deadlines laid down for that purpose;

4. contract data to report, who are tasked with the creation of indexes;

5. in the case of technical necessity timetables on the transmission system operator and the distribution area manager or market area manager to sign;

6 contracts for the exchange of data with other operators, the balance and the balance group coordinators, the market area manager to complete the distribution area manager and other market participants, according to the market rules.

Balance group can be made within a market area or for multiple market areas. The formation and change of balance groups carried out the balance. This is to indicate whether the balance sheet Group also in the distribution system or the transmission network is active.

(3) the activity of a balance of a balance group in the distribution system may exercise a natural or legal person or registered partnership with primary residence or seat in the domestic or another EU Member State or EEA State

(4) a power user does not fulfil its obligations under paragraphs 1 and 2, section 24 shall be E ControlG with the proviso that the obligated party network users to ask is, within reasonable authority of to be determined time limit this obligation to comply with. The network user does not fulfil also this invitation within the time limit, is the legitimate State, thereby establishing that the end user, power user's customers are being allocated by decision of a balance group (section 95).

Tasks and duties of the balance

Section 91 (1) the balance is required for the fulfilment of its tasks and duties, as well as compliance with the market rules. The balance has the following tasks:



1. the creation of schedules and submitting them to the balance Group Coordinator and market area manager or distributor area manager;

2. nomination to the on and off feeding points of the transmission network in the transmission system operators, except the off feeding points of the transmission grids to the distribution networks;

3. adjusting the application and tax of their balance groups of ever defined measurement period through appropriate measures, taking into account all the balance known information in the preparation of timetables, or nominations are;

4. the conclusion of agreements concerning reserve requirements as well as supplies to consumers of catering section 95 by the regulatory authority have been assigned to the balance group in accordance with

5. the message of certain Aufbringungs and consumption data for technical purposes;

6. the message of Aufbringungs - and inspection schedules of large buyers and single feeders according to defined rules for technical purposes;

7. the payment of appropriate fees (fees) to the balance Group Coordinator;

8. the payment of the charges for balance energy to the balance Group Coordinator as well as the billing of the charges to the balance group members;

9. the nomination of trade transactions with the operator of the virtual trading point.

(2) the balance must



1 balance sheet group contracts with the market area manager about the establishment of balance group and the acquisition, to complete the compensation and the settlement of differences between the application and tax of their balance groups of ever defined measurement period;

2. agreements with the market area manager, the distribution area manager, the balance Group Coordinator, to complete the network operators and the balance sheet group members through the exchange of data;

3. a to lead evidence of the balance group members;

4. According to the rules of the market data to the balance Group Coordinator, the market area manager, the distribution area manager, the operator and the party members of balance of to pass.

5. the sum to maintain the immediate balance sheet group members associated capacities at off dining points of the transmission grids to the distribution networks in the market and to forward network access requests or requests for capacity expansion of its balance sheet group members to the distribution area manager;

6 balancing the balance sheet group members - in the sense of a supply of this - to provide;

7. you approved network policies for the network operator to comply;

8. If the balance group in the distribution network operates, to present general conditions for the approval of the regulatory authority and to amend prompt this or to recreate, as far as this to achieve a competitive market is necessary.

(3) the data of the balance sheet group member a balance sheet group member changes the balance group or the company to pass on the new balance group or the new provider and the Distributor area manager.

General terms and conditions of the balance

92. (1) policies for conduct in accordance with section 91 paragraph 2 Z 8 and amendments require the approval of the regulatory authority. The approval is subject to conditions or limited granted if this is necessary for the fulfilment of the provisions of this Act. The time limit must be at least a period of three years. Balance sheet group responsible are obliged to modify the General conditions prompted the regulatory authority submitted for approval or to recreate.

(2) the General conditions must be non-discriminatory and contain no abusive practices or unjustified restrictions. In particular, they are to make that



1. the fulfilment of the tasks incumbent upon the balance is guaranteed;

2. the balance sheet group members with the benefits of the balance in a factual context are entitled;

3. the reciprocal obligations are balanced and causing meet assigned;

4. the obligation of the contractor to comply with the market rules is guaranteed;

5. they are clear and clearly written;

6. they contain definitions of the terms not commonly understood.

(3) the General conditions shall in particular contain



1. the detailed provisions on the formation of financial groups;

2. the essential characteristics of those balance sheet group members, for which the consumption of natural gas through a load profile meter is to determine;

3. the tasks and obligations of the balance;

4. the principles of timetable compilation;

5. the deadline to announce the distribution area manager and the transmission system operators are within the timetables or nominations a balance group.

Approval of balance

93. (1) the activity of a balance requires an approval by the regulatory authority. The following documents are the application for the approval to connect:



1. agreements with the balance Group Coordinator, the distribution area manager and the market area manager, that are required to fulfil the tasks laid down in this law and obligations, particularly in administrative and commercial aspects;

2. proof of registration in the register of companies (company book excerpt) or an equivalent register and on the seat (primary residence);

3. evidence that the applicant and its organs a authorized outward) are intrinsically entitled and the 24; age

(b) the Austrian citizenship have or are nationals of another EU Member State or EEA Contracting State;

(c) in accordance with paragraph 4 to 7 by the exercise of approval are not excluded;

4. evidence that the balance, at least one partner or general partner or at least a Managing Director or a Board or a Senior Executive is technically suitable;

5. proof of the balance for the exercise of his activity as a serving has a liability capital of at least EUR 50 000 in the form of a bank guarantee or equivalent insurance, without prejudice to a possibly required due to the nature and the scope of the business higher capital adequacy agreement to be submitted to Z 1;

6. a current extract from the criminal record, or an equivalent document issued by a judicial or administrative authority of the country of origin of the admission recruiter (the natural persons to whom a significant influence on the admission recruiters), indicating that no exclusion within the meaning of paragraph 4 and 5 reason.

(2) the professional suitability is given, if there are theoretical and practical knowledge in processing of natural gas transactions or in a leading activity in the field of natural gas business, in particular in the natural gas trading in natural gas logistics, in the extraction of natural gas, or in the operation of a network or store, in the sufficient extent.


(3) the permit is necessary, under certain conditions be granted if all requirements referred to in paragraph 1 are met. From the complete application documents are available, the regulatory authority within two months shall decide otherwise, the applicant is entitled to perform the activities as serving temporarily. A prohibition of the activity is carried out by way of analogous application of § 94.

(4) by the pursuit of a balance is excluded, who is been sentenced by a court to a term of imprisonment exceeding three months or to a fine of more than 180 daily rates, if the conviction is expunged, nor is subject to the limitation of the information extracted from the criminal record. The same applies when comparable offences abroad have been carried out with the stated reason of exclusion.

(5) a person who due to the financial crime of smuggling, evasion of input or output tax, the levy of handling stolen goods after § 37 para. 1 lit. According to article 46, paragraph 1 lit a of financial criminal law, the evasion of monopoly income, of intentional intervention in a State monopoly or the monopoly of handling stolen goods. been punished a of financial criminal law is excluded from the pursuit of a balance if about him a fine for a such a financial offence a custodial sentence was imposed more than 7 300 euros or in addition to a fine and if still not five years have passed since the punishment. This also applies if the stated grounds of exclusion carried out similar offences abroad.

(6) legal entity, whose capacity was already once insolvency proceedings opened and legally not opened due to insufficient cost-covering assets, are excluded from the activity of the balance. This also applies if the stated grounds of exclusion carried out similar offences abroad.

(7) a natural person is excluded from the activity of the balance, to apply if over their assets, a debt settlement proceedings was opened, or a decisive influence on the operation of the business of another legal entity as a legal person entitled to her or stood to the paragraph 6 is on the is or was to apply.

Revocation and cancellation of the approval

94. (1) the regulatory authority may withdraw the authorisation granted to the balance, if he



1. its activities within a period of six months after the approval takes up or 2. for more than a month of not carrying out his activity.

(2) the regulatory authority shall revoke authorisation granted to the balance when



1. an in article 93, paragraph 1 specified condition is not or no longer or he punished legally at least three times 2. breach of its tasks and duties (section 91) has been and the revocation with regard to the violations is not disproportionate.

(3) notices referred to in paragraph 2 are at least urgent measures within the meaning of § 57 para 1 AVG.

(4) the authorisation expires if the assets of the balance insolvency proceedings is opened or legally not opened due to insufficient cost-covering assets.

(5) is revoked the permit of a balance group or it goes out or if it is to resolve the balance group, the balance you the balance group are affiliated provider by decision of the regulatory authority of another to assign balance sheet Group (section 95). The resolution of the balance group is only permitted after the assignment.

Allocation of utilities to balance groups

95. (1) the allocation of system users,



1 that any balance Group belong to or that no separate balance sheet group form 2 to a balance group shall be effected by decision of the regulatory authority. Contractual arrangements that make the relationship between the assigned suppliers and their customers, are not affected by the Act of assignment. The General conditions of the balance are considered an integral part of the legal relationship of immediate membership to the balance group constitutively justified by the Act of assignment. You have no party status in the proceedings at the time of the assignment in contractual relations related utilities customers.

(2) the supply of the customers of the provider assigned to a record group referred to in paragraph 1 by the balance has to be carried out at normal market prices.

Physical settlement agent for gas trading

96. (1) has a physical settlement agent for gas exchange transactions to qualify a balance group according to the General conditions of the market area manager for this purpose necessary for the purpose of physical performance of gas trading.

(2) in addition, the physical settlement agent for gas trading has, where necessary, conclude agreements with the market area manager or the Clearinghouse for transactions and pricing for balance energy in the distribution system. It must be ensured that are all caused by the stock market activities of the network user and impressionable by nominations balancing needs and activities on the virtual trading point to focus.

(3) the monitoring of compliance with the rules applicable to conduct by the physical settlement agent for gas trading is the responsibility of the regulatory authority. The jurisdiction of stock market supervision remains unaffected.

7 part

Memory company

Access to storage

97. (1) memory company, which maintain the store of natural gas, have to provide access to their facilities on non-discriminatory and transparent terms the memory access authorized.

(2) the memory access may be denied for the following reasons:



1. incidents;

2. lack of capacity;

3. when the memory access authorized or a company connected with the memory access controller, which exerts a dominant influence, has its headquarters in a Member State of the European Union, in which a legal right of the memory access authorized on memory access is not granted, or a memory access in the actual reasons for the remote is not possible;

4. If the technical specifications not in reasonable manner with each other; in accordance

5. because of economic unacceptability.

The memory company has written to justify the refusal of memory access to the memory access controller.

(3) in the case of lack of physical capacities, and fed in the framework of the provision of balancing energy have priority of over any other memory access authorised as well as single and repeating withdrawals due to existing, and in their place contractual obligations in temporal sequence.

(4) the regulatory authority shall on request of the person who was claimed, infringed by the refusal of memory access its statutorily granted right to grant of memory access to be to determine whether the conditions for the refusal of a memory access pursuant to para 2 apply to. One month from receipt of the request, the period is within the regulatory authority shall decide.

(5) the memory company has to prove the existence of the refusal offence referred to in paragraph 2. The regulator has to work in any position of the procedure on an amicable settlement between legitimate memory access and storage companies.

(6) the regulatory authority determines that the right to grant the memory access has been breached, does the memory company the applicant after notification of the decision of the regulatory authority to immediately grant memory access.

Procedures regarding access to storage facilities

§ 98. (1) on the basis of the recent evaluation of the memory market in accordance with the criteria laid down in paragraph 2 is to provide access to storage facilities on a negotiated basis. The Federal Minister of economy, family and youth can set regulation, whether the memory access is based on a regulated process. This can set the Federal Minister of economy, family and youth, that



1. the methods for determining the storage fees of an approval by the regulatory authority shall require or 2. policies for the memory access of an approval by the regulatory authority shall require or 3. the methods and procedures of the capacity allocation of an approval by the regulatory authority shall require.

The decision on the regulated access regime is to make publicly known.


(2) in assessing what methods the application comes, has the regulatory authority before issuing the regulation of the Federal Minister for economy and prepare a report on the situation of the Austrian flexibility and storage market family and youth. It is the intensity of competition in the memory market based on price comparison, product range and its use, by the regulatory authority to judge market concentration (supply and demand), taking into account the availability of alternative sources of flexibility as well as the availability of storage capacities in relation to demand. Above price comparisons, you are the memory Company pursuant to § 73 para 5 and section 74, paragraph 2 to bring costs deducted. The storage companies concerned have the right to comment on this report. The Federal Minister for Economics has this report in its decision referred to in paragraph 1 to take account of family and youth, as well as to set whether a repeated violation of the provisions of § 101-section 105 of the regulatory authority was established his decision referred to in paragraph 1 based.

(3) the regulatory authority has at least every three years a report referred to in paragraph 2 or on reasoned application of a storage company or a memory access authorized to create and publish.

Storage fees negotiated memory access

99. (1) storage companies are obliged to agree that comply with the principle of equal treatment with memory access authorized based on the General conditions for accessing memory memory usage fees in good faith. The principles of determination of remuneration for storing underlying are to publish once a year and after each change.

(2) published by a storage company of the memory usage charges for a storage service requested by customers are more than 20% above the average of published fees for comparable services in the Member States of the European Union, as has the regulatory authority to ensure the comparability of the storage fees are to determine what cost basis to consider the price approaches of the memory company referred to in paragraph 1 by decision. This is to proceed from the principles of cost causation and the cost-orientation. Comparison of memory usage fees are the memory Company pursuant to § 73 para 5 and section 74, paragraph 2 to bring costs down trigger.

(3) on application of the memory access authorized has the regulatory authority decision to determine whether the conditions underlying the storage agreement comply with the principle of equal treatment. Is not complied with the principle of equal treatment, the memory company immediately has the corresponding to this principle State to produce.

(4) changes the storage fees are to show prior to its entry into force of the regulatory authority.

Storage fees for regulated storage access

100. (1) Z 1 ordered the Federal Minister of economy, family and youth in accordance with article 98, paragraph 1, that memory access on the basis of a regulated procedure must be granted, require the methods for calculating memory usage fees of the approval of the regulatory authority. The methods are prompt the regulatory authority to amend or to recreate.

(2) the methods for calculating this memory usage charges relate to



1. the cost base, consisting of reasonable costs for operation, maintenance, construction, management and marketing, as well as a rate of return on the basis of a weighted cost of capital rate, here, the interest-bearing capital base represents operating fixed assets to pull off being passivated stocks of construction grants, as well as findings of regulatory authority thereof.

2. other provisions for remuneration, which is to consider the contractual utilisation of capacity at the time of the calculation. For new installations, the calculation is based on the planning assumptions, which are approved by the regulatory authority. A summary of individual storage systems for the calculation of the memory usage fees is allowed.

(3) the methods may also stipulate that memory usage fees can be set using market-based procedures such as auctions. The methods must facilitate efficient gas trade and competition, and avoid cross-subsidies between storage users. At the same time, they have to offer incentives for investment and to maintain or achieve interoperability. The methods must be also so that the necessary investments in storage facilities as can be made, that the economic viability of the storage facilities in any case is guaranteed.

(4) the regulatory authority has to undergo the methods of storage access entitled consultation prior to approval. The approval is granted if the requirements of paragraph 2 are met and the memory usage fees resulting from these methods at the same time to present the authority with the method to be approved are not more than 20% above the average of published memory usage charges, for comparable storage services for similar storage facilities in the European Union decision. Comparison of memory usage fees are the memory Company pursuant to § 73 para 5 and section 74, paragraph 2 to bring costs down trigger. The approved methods are in the Internet on the homepage of the storage company to publish.

(5) at the request of the regulator is to prove compliance with the approved methods in calculating the storage fees and by providing all calculation bases. The regulator has to ask the storage company, to calculate the memory usage fees in accordance with the methods.

Template contracts

§ 101. The storage companies have to submit all contracts for the provision of storage capacity of the regulatory authority immediately after conclusion of the contract and explain if necessary.

General conditions for storage access

102. (1) policies for memory access must be non-discriminatory and contain no abusive practices or unjustified restrictions and endanger security of supply nor quality of services. In particular, they are to make that



1. the fulfilment of the tasks incumbent upon the memory company is guaranteed;

2. the services of memory access entitled with the storage company in a factual context's services available;

3. the reciprocal obligations are balanced and causing meet assigned;

4. they contain provisions on technical requirements for single - and from storage;

5. they contain provisions on the allocation of the memory usage fees;

6. they are clear and clearly written;

7. they contain definitions of the terms not commonly understood;

8. they are not contrary to legislation in force.

(2) the General conditions for storage access shall contain in particular:



1. the rights and obligations of the Contracting Parties, in particular to comply with the relevant memory access other market rules;

2. the minimum technical requirements for the memory access;

3. regulations for the measurement of the passed to the memory company or by this natural gas quantity delivered;

4. rules concerning the place of acquisition or transfer of natural gas;

5. those quality requirements that apply to the on / off storage of natural gas;

6. the different services to be available within the framework of the memory access;

7. the procedure and the arrangements for requests for memory access;

8. the data to be supplied by the storage access authorized;

9. the modalities for the recall;

10. a period of not more than 14 days from receipt, within the memory company has to answer the desire of memory access;

11. the basic principles for the allocation;

12. the nature and form of accounting and payment;

13. the approach to the reporting of technical defects and breakdowns and their remedies;

14. the obligation of memory access entitled to the advance payment or security deposit (cash deposit, bank guarantee, deposit of not pledged savings accounts) at an appropriate level to be expected in this respect according to the circumstances of the individual case is that memory access authorized not or not timely comply with his payment obligations;

15 provisions, according to which criteria and in what way unused committed memory capacities will be reposted to other sites.

16. a note on statutory dispute resolution procedures.

(3) in establishing the policies for the negotiated memory access has the storage company to consult the memory access beneficiaries. Policies for memory access are to follow the storage users request and publish on the Internet.


(4) the Federal Ministry of economy, family and youth in accordance with article 98, paragraph 1 has determined that the memory access to a storage facility on the basis of a regulated procedure must be granted, require policies and amendments of approval by the regulatory authority. This approval is subject to conditions or limited to give, as far as this is necessary for the fulfilment of the provisions of this Act. The time limit must be at least a period of three years. Storage companies are obliged to modify the General conditions for the memory access on request by the regulatory authority or to recreate, as far as this is necessary for the fulfilment of the provisions of this Act. Way of derogation to paragraph 3, the regulatory authority prior to approval to take policies for a consultation of memory access entitled has.

(5) be approved new General conditions for accessing memory, the memory company has known this storage users in an appropriate manner within four weeks after the approval to give.

Capacity allocation procedure

Storage companies have 103 (1) to publish a non-discriminatory, transparent capacity allocation procedure and to apply. The capacity allocation process must include reasonable deadlines with regard to the capacity allocation, as well as the timing of the announcement. That mechanism is dependent on the respective capacity requirement to choose, which best ensures a discriminatory and transparent capacity allocation. The capacity requirements exceed the available capacity in the capacity allocation procedure, must be made of the capacity allocation by auction. Then, memory products may be awarded after the time of the offers if it is compared to the total capacity to small capacities.

(2) for investments in new storage facilities, as well as for substantial investment in the expansion of existing storage facilities a capacity needs assessment is carried out to the identification of capacity needs before the capacity allocation procedure.

(3) all planned capacity procurement procedures are to display the regulatory authority in a timely manner. The conditions for capacity allocation procedures are prompt the regulatory authority to amend or to recreate.

(4) of the Federal Ministry of economy, family and youth in accordance with article 98, paragraph 1 stated Z 3, that memory access to a storage facility on the basis of a regulated procedure must be granted, require the capacity allocation procedure in accordance with paragraph 1 to 3 of the approval of the regulatory authority. The capacity allocation procedure is prompt the regulatory authority to amend or to recreate.

Congestion management

104. (1) the memory company will allow a transparent and efficient trading of secondary capacities on a parent trading platform for secondary market capacity or cooperate in the establishment of a common trading platform.

(2) contracts for the provision of storage performance include measures to prevent the hoarding of capacity. The storage user is obliged to sell the contracted capacity not used by him on a secondary market platform to third parties in cases of contract-related bottlenecks.

(3) the memory company offers the unused disk space immediately at least on "day ahead" basis (for the next gas day) and at least as interruptible capacity on the primary market.

Memory company's obligations

105. (1) storage companies are obliged,



1. without prejudice to the under this Federal Act of existing information, notification and information obligations and the obligations set in accordance with article 10 granting of inspection of the business documents, be to keep commercially sensitive information which, in the exercise of their activities become aware, confidential and to prevent information about its own activities, can bring the economic benefits, disclosed in a discriminatory manner;

2. network operators, whose networks using their own facilities are connected, to provide sufficient information to ensure the secure and efficient operation, coordinated development and interoperability of the networks and systems and with the related operator on the passing - and Übernahmemodalitäten agreements to close;

3. the General conditions for the use of their facilities, as well as the memory usage charges once a year or after every change to publish;

4. numerical information on contracted and available and from storage performance and the contracted and available volume on a daily basis on the Internet in a user-friendly, standardized way to publish;

5. If not already related data are provided by the downstream network operator to the Distributor area manager and the market area manager, through the downstream network operator at the same time data on the current situation of pressure and volume flow at transfer points to storage facilities in the market in electronic form to submit;

6. on establishing long-term planning and network development plan to work and projects of approved long-term planning or of the network development plan, the systems operated by them relate to implement;

to operate 7 storage facilities operated by them safely, reliably and efficiently, maintain and needs to expand, taking to ensure is that the resources required to meet service obligations exist.

(2) the duties of the storage companies in accordance with articles 15, 17 and 19 of Regulation (EC) No. 715/2009 remain unaffected.

8. part

Unbundling

1. main piece

Unbundling of distribution system operators

Prerequisites

106. (1) distribution system operator with regard to legal form, organisation and decision regardless of the areas of activity delivery, sale, supply must and extraction of natural gas of vertically integrated natural gas undertakings. This provision, no obligation is to make a distinction in relation to the property of the vertically integrated natural gas company of assets of the network.

(2) the independence of the distribution system operator is based on the following criteria to ensure:



1 in a vertically integrated natural gas company, the persons responsible for the management of a distribution system operator must not part of operational facilities, who directly or indirectly are responsible for the ongoing operations in the areas of gas production, purchase or delivery;

2. it is to meet that the occupational interests of the persons responsible for the management of a distribution system operator are taken, that their independence of action is guaranteed, in particular the reasons for the dismissal of an executive body of the distribution system operator in the company statutes of the distribution system operator are clearly to establish provision for this;

3. the distribution system operator has actual decision-making powers, he independently carries out integrated enterprise in relation to assets that are required for the operation, maintenance, or the expansion of the network. To accomplish this task, the distribution system operator must have all of the resources in terms of human, technical, material and financial. This does not preclude appropriate coordination mechanisms, which ensure that the economic powers of the vertically integrated natural gas undertaking and its supervisory rights over the management of the distribution system operator with regard to profitability are protected. This allows the vertically integrated natural gas company, to approve the annual financial plan or any equivalent instrument, of the distribution system operator and to set global limits for the debt of the distribution system operator. Instructions relating to the operation or individual decisions concerning the construction or upgrading of lines that do not go beyond the framework of the approved financial plan, or an equivalent instrument, are not permitted. At least two members have the Supervisory Board of distribution system operators, which belong to a vertically integrated natural gas undertaking, to belong to, that are independent of the vertically integrated undertakings;

4.

the distribution system operator must set up a compliance programme indicating what measures to exclude of discriminatory conduct, and ensure adequate monitoring of compliance with this equal treatment program. In the programme, it must be stated which specific obligations have the staff in regard to this objective. For monitoring the compliance programme, the distribution system operator shall appoint a competent person or body (the compliance officer). The compliance officer shall have access to all the information that the distribution system operator and any affiliated companies have. The compliance officer shall submit annually a report on the measures taken to the regulatory authority, which will be published. The compliance officer is completely independent and not bound in the exercise of this function instructions. He has to accept suggestions of the management of the distribution system operator and, if necessary, to explain why he does not support them. In terms of the termination and layoff protection is the compliance officer for the duration of his appointment, when employees of the distribution system operator, a security officer (section 73, paragraph 1 employee, Federal Law Gazette No. 450/1994) equal. The appointment of the compliance officer is without prejudice to the responsibility the management of the distribution system operator for the compliance with the provisions of this Federal Act.

(3) the distribution system operator must its communications activities as well as in its branding to ensure that confusion in relation to the separate identity of the supply branch of the vertically integrated natural gas undertaking is excluded.

(4) section 1-3 applies only to vertically integrated distribution system operators, whose Netz has more than 50,000 house connections.

(5) companies that have already made unbundling measures at the time of entry into force of this federal law, do not undo this unbundling measures already implemented.

2. main piece

Unbundling of storage companies

Prerequisites

107. (1) the memory company, which is part of a vertically integrated natural gas undertaking, must be organisation and decision regardless of other activities at least in terms of its legal form, not related to the transmission, distribution and storage.

(2) the independence of the storage company is based on the following criteria to ensure:



1. in a vertically integrated natural gas undertaking persons responsible for the activity of a storage company must not part of operational facilities who directly or indirectly are responsible for the ongoing operations in the areas of gas production and supply;

2. There is provision for it to meet the occupational interests of the persons responsible for the management of a storage company be considered so that their independence of action is guaranteed;

3. storage companies have actual decision-making powers they wield independently of the vertically integrated undertakings on assets that are required for the operation, maintenance or extension of the storage facilities. This does not preclude appropriate coordination mechanisms, which ensure that the economic powers of the vertically integrated natural gas undertaking and its supervisory rights over the management of the storage company in terms of profitability to be protected. This allows the vertically integrated natural gas company, to approve the annual financial plan or any equivalent instrument, of the storage company and to set global limits for the debt of the storage company. Instructions relating to the operation or individual decisions concerning the construction or upgrading of storage facilities, that do not go beyond the framework of the approved financial plan, or an equivalent instrument, are inadmissible;

4. memory companies must set up a compliance programme indicating what measures to exclude of discriminatory conduct, and ensure adequate monitoring of compliance with this equal treatment program. In the programme, it must be stated which specific obligations have the staff in regard to this objective. For the monitoring of compliance with the equal treatment program, the memory company designates a competent person or body (the compliance officer). The compliance officer shall submit annually a report on the measures taken to the regulatory authority, which will be published. The compliance officer is completely independent and not bound in the exercise of this function instructions. In terms of the termination and layoff protection is the compliance officer for the duration of his appointment, when employees of the storage company, a security officer (section 73, paragraph 1 employee, Federal Law Gazette No. 450/1994) equal. The appointment of the compliance officer without prejudice to the responsibility the management of the storage company for compliance with the provisions of this Federal Act.

3. main piece

Unbundling of transmission system operators

1 section

Ownership unbundling of transmission system operators

Prerequisites

Section 108 (1) of the transmission system operators must be owner of the transmission system.

(2) the same person is not entitled



1. directly or indirectly control over a company to exercise, which is one of the functions of production or supply, and to exert direct or indirect control over a transmission system operator or to exercise rights in a transmission system operator;

2. directly or indirectly exercises control over a transmission system operator to perform and directly or indirectly through a company to exercise control, which is one of the functions of production or supply, or rights in a company, the one of these functions, to exercise;

3. members of the Supervisory Board or the bodies appointed to legally represent a transmission system operator to order and directly or indirectly to exercise control of a company, which is one of the functions of production or supply, or rights to a company that perceives one of these functions to perform.

4. Member of the Supervisory Board or the bodies appointed to legally represent a company that carries out any of the functions of production or supply, as well as a transmission system operator or an owner of a transmission system.

(3) the rights referred to in paragraph 2 shall include in particular the following:



1. the power to exercise voting rights;

2. the power to appoint members of the Supervisory Board or the bodies appointed to the legal representative;

3. holding a majority stake.

(4) the obligation of paragraph 1 is considered to be fulfilled, if two or more companies, are the owners of transmission networks, set up a joint venture that operates in two or more Member States, as system operators for the transmission systems concerned. No other company may be part of the joint venture, unless it has been approved in accordance with section 109 as the independent system operator or according to § 112 as an independent transmission system operator.

(5) if the person referred to in paragraph 2 to the Member State or another public body, so two public places separated from each other, which, on the one hand, exercising control over a transmission system operator and on a company that carries out any of the functions of production or supply, on the other hand, are not considered one and the same person.

6 also electricity undertaking within the meaning of § 7 para 1 includes par. 2 Nos. 1 and 2 to Z 11 electricity industry and Organization Act 2010 (ElWOG 2010), Federal Law Gazette I no. 110/2010.

(7) personal and commercially sensitive information, has that a transmission system that was part of a vertically integrated natural gas company, may not be further companies, carrying out any of the functions of production or supply. § 11 remains unaffected.

2. section

Independent system operator (independent system operator - ISO)

Prerequisites

§ 109. (1) in cases where the transmission system has stood at September 3, 2009, in the ownership of a vertically integrated natural gas undertaking, the possibility according to section 108 do not apply ownership unbundling and instead on a proposal from the transmission system owner to designate an independent system operator.

(2) the independent system operators must provide evidence of following:



1. it corresponds to section 108, paragraph 2;

2. He has the necessary financial, technical, human and material resources;

3. He is committed to implement a ten-year network development plan monitored by the regulatory authority;

4. He must be able to fulfil its obligations under Regulation (EC) No. 715/2009, also with regard to the cooperation of transmission system operators at European and regional level.

5.

the owner of the transmission system must be able to fulfil his obligations pursuant to article 110, paragraph 2. For this purpose, are all agreements, in particular with the independent system operator, to present.

Obligations

110. (1) every independent operator is responsible for the provision and regulation of access of third parties, including the collection of access charges and congestion of congestion rents, for operating, maintaining and developing the transmission system, and for ensuring the long term ability of the system to meet a reasonable demand through investment planning. On the expansion of the transmission network of independent operators for planning (including authorisation procedure), construction and commissioning of the new infrastructure is responsible. This is in accordance with the relevant provisions of independent system operators as a transmission system operator. The transmission system owner may be responsible neither for the provision and regulation of access third parties nor for investment planning.

(2) the owner of the transmission network is committed to the following:



1. it works with the independent system operator to the required extent and supported him in carrying out his tasks, by providing in particular all relevant information;

2. he financed the investments decided by the independent system operator and approved by the regulatory authority, or given its agreement to financing by any other interested party including the independent system operator. The relevant financing arrangements are subject to approval by the regulatory authority. Prior to its approval, the regulatory authority consulted the owner of the transmission system, as well as other interested parties;

3. it protects the liability relating to the network assets, with the exception of liability relating to the tasks of the independent system operator;

4. It provides the guarantees that are necessary to facilitate the funding of any network expansion, with the exception of those investments where he has agreed to in accordance with no. 2 of a financing by any interested party including the independent system operator.

Independence of the transmission system owner

§ 111 (1) of the transmission system owners, the part of a vertically integrated natural gas undertaking is, must be at least as regards its legal form, organisation and decision independently from the other activities not related to the transmission or distribution.

(2) the independence of transmission system owner is based on the following criteria to ensure:



1. in a vertically integrated natural gas undertaking, the persons responsible for the management of the transmission system owner may belong to non operational facilities of the vertically integrated natural gas undertaking which directly or indirectly are responsible for the ongoing operations in the areas of gas production, distribution and supply;

2. There are appropriate measures to ensure that the professional interests of the persons responsible for the management of the transmission system owner are taken that action independence is guaranteed;

3. the transmission system owner prepares a compliance programme, indicating which measures to exclude of discriminatory conduct, and ensure adequate monitoring of compliance with this program. In the compliance programme is set, what are the special duties have the staff in regard to these objectives. The person responsible for monitoring the compliance programme or Agency (the compliance officer) shall submit annually a report on the measures taken to the regulatory authority, which will be published. In terms of the termination and layoff protection is the compliance officer for the duration of his appointment, when employees of the transmission system operator, a security officer (section 73, paragraph 1 employee, Federal Law Gazette No. 450/1994) equal.

3. section

An independent transmission system operator (independent transmission system operator - ITO)

Assets, independence, services, likelihood of confusion

Section 112 (1) in cases where the transmission system has stood at September 3, 2009, in the ownership of a vertically integrated natural gas undertaking, the possibility, according to section 108 do not apply ownership unbundling and instead appointed an independent transmission system operator.

(2) the independent transmission system operators must have all the human, technical, material and financial resources, which are necessary for the fulfilment of its obligations and for the business activities of the transmission. Without prejudice to the decisions of the Board of supervisors system operators appropriate financial resources for future investment projects and for the replacement are the independent assets existing after appropriate request by the independent transmission system operators in time by the vertically integrated natural gas undertakings to provide. For the operation of the transmission system, in particular the following is required:



1. the independent transmission system operators must be owner of the transmission system, as well as the assets. Operating foreign upstream pipeline network is permitted.

2. staff must be hired at the independent transmission system operators. The independent transmission system operators shall have in particular about its own legal department, accounting and own IT services.

3. the provision of services, including personnel leasing, the vertically integrated company for the independent transmission system operators is prohibited. An independent transmission network operator for the vertically integrated company may provide services, including personnel leasing, if there not between users is discriminated against, which services are accessible to all users under the same terms and conditions and the competition in generation and supply not restricted, distorted or is prevented.

(3) subsidiaries of the vertically integrated natural gas company, exercising the functions of production or supply, may neither directly nor indirectly hold shares in the company of the independent system operator. The independent transmission system operators must keep on subsidiaries of the vertically integrated natural gas company, exercising the functions of production or supply, either directly or indirectly shares and may receive no dividends or other financial contributions of these subsidiaries. The entire management structure and the articles of Association of the independent system operator ensure its actual independence. The vertically integrated company can directly or indirectly influence the competitive behaviour of independent transmission system operator in relation to its day-to-day banking and management or with regard to the necessary activities for establishing the network development plan.

(4) the independent transmission system operators must ensure in its entire outer appearance and its communication activities, as well as in his branding for that confusion with the identity of the vertically integrated natural gas undertaking, or any portion of it is excluded. The independent transmission system operators may use therefore only characters, illustrations, names, letters, numbers, shapes, and put up which are suitable to distinguish the activity or services of the transmission system operator from those of the vertically integrated natural gas undertaking.

(5) the independent transmission system operators shall refrain from sharing IT systems or equipment, Office space and access control systems with any company part of the vertically integrated natural gas company.

(6) the independent transmission system operators to ensure that he does not work in systems or equipment, and access control systems with the same consultants and outside contractors such as the vertically integrated company.

(7) the accounting of independent transmission system operators is by other auditors as those who perform the audit at the vertically integrated natural gas company or its parts to check. As far as to grant the group auditor's report in the framework of the full consolidation of the vertically integrated natural gas undertaking or other important reasons required, the auditor of the vertically integrated natural gas undertaking can take insight into parts of the books of the independent transmission system operator, provided that no objection for reasons of maintaining the independence decision, however, the regulatory authority. The major reasons are in advance in writing of the regulatory authority. The auditor has the obligation to keep commercially sensitive information confidential and to inform non-the vertically integrated natural gas undertakings in particular in this regard.

(8) the activities of the independent system operator includes at least the following activities in addition to the duties listed in § 62 and tasks:



1.

the representative of the independent system operator and the function of the contact person for third parties and the regulatory authorities;

2. the representative of the independent transmission system operator within the ENTSO (gas);

3. the provision and regulation of access of third parties according to the principle of non-discrimination between system users or classes of system users;

4. the collection of all remote network-related charges, including access charges, balancing charges for ancillary services such as acquiring services (compensation costs, energy for losses);

5. operation, the maintenance and the development of a safe, efficient and cost-effective transmission system;

6. the investment planning ensuring the long-term ability of the network, and security of supply; to cover reasonable demands,

7. the establishment of appropriate joint ventures with one or more transmission system operators, gas exchanges, and other relevant stakeholders, with the aim to promote the creation of regional markets or to facilitate the process of liberalisation. Cooperation relating to the trading of gas, the operators of virtual trading point in the cooperation is to include appropriately.

(9) as the independent transmission system operators, only companies in one of the legal forms referred to in article 1 of Directive 2009/101/EC can be named.

Independence of the transmission system operator

§ 113. (1) without prejudice to the decisions of the supervisory body must have the independent transmission system operator in relation to assets or resources that are required for the operation, maintenance and the expansion of the transmission system, effective decision-making powers which he independently carries out the vertically integrated natural gas company and have the power to raise money on the capital market in particular through inclusion of loans or capital increase.

(2) the independent transmission system operator ensures that he at any time has the means, he needed the transmission network business to run properly and efficiently and to create an efficient, safe and economical transmission system and to maintain.

(3) for commercial and financial relations between the vertically integrated natural gas undertaking and the transmission system operator, including the granting of credits by the independent transmission system operators in vertically integrated companies, are to comply with the normal market conditions. The independent transmission system operators maintains detailed records on these commercial and financial relations, and it provides the regulatory authority upon request. He has to submit also the regulatory authority all commercial and financial agreements with the vertically integrated natural gas company for approval. The regulatory authority has this decision to approve in the presence of market and non-discriminatory conditions of four weeks. After this period the consent is considered to be granted.

(4) the independent transmission system operator reports the funds pursuant to § 112 para 2, which him available for future investment projects or for the replacement of existing assets and resources available to the regulatory authority.

(5) the vertically integrated company omits any action that would impede the fulfilment of obligations of the independent transmission system operator, or compromise, and required by the independent transmission system operators shall not, in the fulfilment of these obligations to the consent of the vertically integrated natural gas undertaking.

Independence of the management and the employees

114. (1) people of management must be professionally independent. It is in particular the following:



(1) it may in other parts of the vertically integrated natural gas undertaking, or when its majority shareholder hold directly or indirectly professional positions or perform professional duties or interest or business relations with them.

2. they may have in the last three years prior to a purchase order in the vertically integrated natural gas company, one of its business units or in other majority shareholders have neither directly nor indirectly professional positions held the independent transmission system operators or professional tasks still interest or business relations with them. This period is for orders to the application that occur after March 3, 2012.

3. you may hold no professional positions after termination of the contractual relationship to the independent transmission system operators for at least four years in other parts of the vertically integrated natural gas undertaking as the independent transmission system operators or when its majority shareholder or perform professional duties, or interest or business relations with them.

4. you may not directly or indirectly holding in parts of vertically integrated natural gas undertaking or receive financial assistance from this. Their remuneration must not be tied to the activities or results of the vertically integrated natural gas company, so far as they concern not the independent transmission system operators.

(2) the independent transmission system operators has immediately all names and conditions on function, to inform contract term and termination, as well as the reasons for the order or for the termination of the contract by persons of the management of the regulatory authority.

(3) the regulatory authority can objection on its own initiative or at the request of a person of the management or of the equal treatment Commission three weeks by means of notice on people of management.



1. if doubts about the professional independence in the sense of paragraph 1 of the order, the conditions of employment including remuneration, or 2. when doubts about the authority of a premature termination of the contract. A premature termination of the contract is unlawful if the premature termination of the contract circumstances is due, are not granted in accordance with the provisions relating to the independence of the vertically integrated undertakings. A complaint of a person of senior management can only after notification of the decision of the regulatory authority in the dispute settlement procedures in accordance with § 12 section 4 E-ControlG or be tabled after the deadline for decision of the regulatory authority.

(4) ABS 1 Z 2 applies to the majority of people in the management of the independent system operator. The people of management of the independent transmission system operator, to which paragraph 1 does not apply Z 2, may have exercised no management or other relevant activity in the last six months prior to her appointment at the vertically integrated natural gas company.

(5) ABS 1 Z 1 shall apply alike to all employees of the independent system operator.

(6) Z 2 find ABS 1 Z 1, 3, 4, and paragraph 3 to the management directly individuals in the areas of operation, maintenance and development of the network of subordinate application alike.

Independence of the supervisory body

115. (1) it is task of the supervisory body of the independent transmission system operator, decisions to make significant impact on the value of the assets of the shareholders at the independent transmission system operators are, in particular, decisions relating to the approval of the annual and long-term financial plans, the level of debt of the independent system operator and the amount of dividends to be paid out to the shareholders. Decisions relating to ordering, appointments, conditions of employment including remuneration and termination of the agreement of the persons of the management of the independent system operator, applied by the supervisory body of the transmission system operator, unless no other legal provisions determine otherwise. The supervisory body shall have no decision-making powers in relation to the ongoing operations of the independent transmission system operator and management and in relation to the necessary activities for establishing the network development plan.

(2) section 114 para 1 to 3 apply to half of the members of the supervisory body minus a member alike. Those members of the supervisory body of the transmission system operator, which meet the requirements of section 114 para 1 to 3 for half of the members of the supervisory body minus a member include employee representatives within the meaning of the labour Constitution Act in the supervisory body of the transmission system operator's parent company.

Compliance programme and compliance officer

The independent transmission system operators must prepare an equal treatment programme section 116 (1), indicating what measures to the exclusion of discriminatory behavior. In the equal treatment program is to set, what are the special duties have the staff in regard to these objectives. The program requires the approval of the regulatory authority. The compliance with the program is monitored by a compliance officer.


(2) the compliance officer is appointed by the Board of supervisors shall, subject to the approval of the regulatory authority decision. The regulatory authority may refuse the appointment of the compliance officer your confirmation only for reasons of lack of independence or lack of technical suitability decision. The compliance officer may be a natural or legal person or registered partnership. Section 114 para 1 to 3 shall apply equally to the compliance officer.

(3) the duties of the compliance officer are:



1. monitor of the implementation of the compliance programme;

2. preparation of an annual report, outlining the measures for the implementation of the compliance programme and its delivery to the regulatory authority;

3. reporting to the Board of supervisors and make recommendations on the compliance programme and its implementation;

4. inform the regulator about serious violations in the implementation of the compliance programme;

5. reporting to the regulatory authority over commercial and financial relations between the vertically integrated natural gas undertaking and the transmission system operators.

(4) the compliance officer submits the proposed decisions on the investment plan or to individual investments in the network to the regulatory authority. This is done when the management of the independent transmission system operator submits these documents the Board of supervisors.

(5) has prevented the adoption of a decision, making network investments, which should be carried out according to the power development plan in the next three years, be prevented or delayed, the vertically integrated company in the annual general meeting or by a vote of the members of the supervisory body appointed by him so the compliance officer shall inform the regulatory authority, which will operate in accordance with section 65.

(6) the rules on the mandate and the employment conditions of the compliance officer, including the duration of its mandate, have the approval of the regulatory authority decision. These provisions must guarantee the independence of the compliance officer and accordingly ensure that the resources available to carry out its tasks are to him. The compliance officer may during the term of his mandate in parts of vertically integrated natural gas undertaking, or whose majority shareholders hold directly or indirectly professional positions or maintain professional task enforcement or inter food relationships to them.

(7) the compliance officer shall report regularly verbally or in writing of the regulatory authority and is empowered to report to the supervisory body of the transmission system operator regularly verbally or in writing.

(8) the compliance officer shall be entitled to participate in all meetings of the senior management of the independent system operator and the supervisory body and annual general meeting General Assembly. The compliance officer shall attend all meetings, discusses the following topics:



1 network access conditions in accordance with Regulation (EC) No. 715/2009, in particular system usage fees, services in connection with the access of third parties, capacity allocation and congestion management, transparency, balancing and secondary markets;

2. projects for the operation, maintenance and the expansion of the transmission system, including investments in new transport connections, the increase of the capacity and the optimisation of existing capacity;

3. sale or purchase of energy for the operation of the transmission network.

(9) the compliance officer for monitoring compliance with section 11 by the transmission system operator.

(10) the compliance officer has access to all relevant data and to the offices of the independent transmission system operator and to all the information it needs to carry out its tasks. The compliance officer receives access to the premises of the independent transmission system operator without prior notice.

(11) after prior know moderate approval of the regulatory authority, the supervisory body may recalled the compliance officer. Dismissal has to be done also on independence lack of permit moderate demand the regulatory authority for reasons or lack of professional suitability.

(12) in terms of the termination and layoff protection is the compliance officer for the duration of his appointment, when employees of the transmission system operator, a security officer (section 73, paragraph 1 employee, Federal Law Gazette No. 450/1994) equal.

4 section

More effective independence of the transmission system operator

Prerequisites

§ 117. In cases where the transmission system on September 3, 2009, in the ownership of a vertically integrated natural gas company has been, and rules, providing uniquely effective independence of the transmission system operator than the provisions relating to the transmission system operator (§ 112 up to section 116), there is the possibility not to apply the unbundling provisions of § 108.

5. section

Combination operators

Combination operators

118. (1) the regulator may allow simultaneous operation of networks for electric power, natural gas and other wire-bound fields in a company, as well as other activities by ruling, when the independence of network operators is not affected. The simultaneous operation of a transmission system and a distribution network and the operation and control of a storage system is to approve that satisfies in the section 108 and § 117 provided criteria by the regulatory authority.

(2) para 1 first sentence shall only apply to vertically integrated distribution system operators, whose Netz has more than 50,000 house connections.

6 article

Procedures in relation to transmission system operators

Procedures for certification and designation of transmission system operators

Section 119 (1) of the regulator is the constant monitoring of the adherence to the unbundling provisions (section 106 and § 118). It has a transmission system operators by the means of finding decision to certify



1. as a proprietary entflochtener system operators in the sense of § 108 or 2 as independent system operator within the meaning of section 109 to § 111 or 3 as an independent transmission system operators within the meaning of § 112 up to section 116 or 4 as a transmission system operator within the meaning of § 117.

(2) a certification procedure is to initiate



1. on request of a transmission system operator in accordance with paragraph 3 No. 1;

2. from Office because, if a) a transmission network operator any application for certification in accordance with paragraph 3 No. 1 is or b) the regulator gained knowledge of a planned change that requires a review of the certification and can lead to a breach of the unbundling provisions or already made;

3. about display of the European Commission.

Article 3 of Regulation (EC) no 715/2009 applies to the certification procedure application.

(3) the transmission system operators shall



1. an application for certification to make, unless the transmission system is not yet certified, as well as 2 the regulatory authority any planned changes that require a review of the certification, notified to.

The transmission system operator has his input to the regulatory authority, as well as on their request to close at all to the assessment of the facts of the case required documents.

(4) the regulatory authority has to submit draft reasoned decision within four months from the commencement of proceedings on the certification of a transmission system operator or from the occurrence of the complete dossier of the transmission system operator to the European Commission. The regulatory authority lets the deadline pass, this is a positive decision draft equal keep. The European Commission's opinion is as far as possible be taken into account by the regulatory authority in the certification procedures referred to in paragraph 1 Nos. 1 and 3. The regulatory authority has to decide upon the receipt of the opinion of the European Commission within two months of notification of the application for certification. The certification may be granted under notices of payment due by terms and conditions, insofar as these are necessary for the fulfilment of the objectives of this Act.

(5) in derogation from paragraph 4, the following shall apply:



1. when the certification procedures referred to in paragraph 1 No. 2 has to comply with the regulatory authority of the decision of the European Commission.

2. the certification procedures referred to in paragraph 1 check 4, Z the regulatory authority and the Commission, whether the existing regulations provide clearly a more effective independence of the transmission system operator than the provisions relating to the transmission system operator (§ 112 up to section 116); the regulatory authority shall comply with the decision of the European Commission.


(6) the regulatory authority has extensively to document all in the framework of the procedure set out in article 3 of Regulation (EC) No. 715 / contacts plowed 2009 with the European Commission. The documentation is the company that has requested the issue of the certificate, as well as the Federal Minister for economic, family and youth to knowledge. The assessment notice is to publish, but posts that contain commercially sensitive information, obscure being together with the justification of the regulatory authority. The Commission's opinion is, as far as it is not rendered in the explanatory statement of the determination notice, also to publish.

(7) transmission system operators and companies that perform any of the functions of production or supply, are obliged to submit the regulatory authority and the Commission all information relevant for the fulfillment of their duties immediately.

(8) the naming of a transmission system operator after the certification referred to in paragraph 1 is carried out by proclamation by the Federal Minister of economy, family and youth in the Federal Law Gazette. The Federal Minister of economy, family and youth has to announce the naming of a transmission system operator of the European Commission as soon as the regulatory authority has determined the certification of a transmission system operator by decision. The naming of an independent system operator in accordance with paragraph 1 Nos. 2 and 4 requires the consent of the European Commission in advance. If the regulatory authority by ruling determines that the requirements for certification as a result of a breach of the unbundling provisions no longer exist, the designation by the Federal Minister of economy shall be revoked family and youth by proclamation.

(9) the transfer of one or more usually the



1 ownership unbundled transmission system operators within the meaning of § 108 or 2. independent system operator within the meaning of section 109 to section 113 or 3 independent transmission system operators within the meaning of § 112 up to section 116 or 4. the transmission system operator in the functions assigned to the meaning of § 117 to an organisation or a legal personality in accordance with article 1 of Regulation (EC) No. 715/2009 is in accordance with European Union law allowed. Bodies or entities where such functions are transferred, are subject to certification under this section. The para 1 to 7 1 last subparagraph of Regulation (EC) can be found on the legal personality or body within the meaning of article no. 715/2009 application.

Procedures for the certification of transmission system operators in relation to third countries

A transmission system operator, which is controlled by one or more persons from one or more third countries, requested 120. (1) a certification, so article 119 with subsequent variations is used.

(2) the regulatory authority immediately inform the European Commission and the Federal Ministry of economy, family and youth



1. the application for certification of a transmission system operator, which is controlled by one or more persons from one or more third countries;

2. all the circumstances with which would result in that one or more persons from one or more third countries obtaining control over a transmission system operator;

(3) the Federal Minister for economy, family and youth has to ensure that the granting of the certification by the regulatory authority does not endanger the security of energy supply of in Austria and the community. The Federal Minister of economy, family and youth taken into account in the examination of the question whether the security of energy supply of in Austria and the community is at risk,



1. the rights and obligations of the community to a third country, which arise from international law - also made an agreement with one or more third countries, the community as a Contracting Party to be heard and treated in the issues of security of energy supply;

2. rights and obligations of the Republic of Austria to that third country, resulting from the with this agreement, insofar as they are with the Community legislation and 3. other special circumstances of the case and of the third country.

(4) after examination of the question whether the security of energy supply of in Austria and the community is at risk, the Federal Minister of economy, family and youth tells his assessment of the regulatory authority. The regulator has in its proposal for a decision, as well as its decision to consider the assessment of the Federal Ministry of economy, family and youth.

9 part

Natural gas distributors and suppliers

Obligations

121. (1) is the establishment of a natural gas trader, to indicate the regulatory authority in advance. The regulatory authority shall publish an updated list of this natural gas distributor.

(2) natural gas traders and suppliers, who sell natural gas to end users, to which apply the provisions of the Consumer Protection Act, have to provide for the possibility of concluding by non interruptible natural gas delivery contract anyway.

(3) providers that serve consumers, are obliged to submit all relevant price data for end user supplied with standard products immediately after their availability of the regulator in this prescribed electronic form for entering in the fare calculator. Using the fare calculator of the regulator are to treat all competitors equally and transparent and non-discriminatory to publish all of the conditions provided by the regulatory authority.

(4) natural gas distributors and providers, with the exception of natural gas traders who trade only at the virtual trading point, have to participate in the creation of long-term planning and network development plan.

(5) catering, no. 994/2010 with natural gas supply protected customers in accordance with article 2 of Regulation (EU), are obliged to ensure the standard of care in accordance with article 8 of the Regulation (EU) No. 994/2010.

(6) the conclusion of natural gas supply agreements with maturities exceeding one year and a circumference of more than 250 million m3 a year, based on the normal state, having the purchase of natural gas from the territory of the European Union or third countries on the subject, are to report to the regulatory authority, stating the duration and scope of agreed delivery. The regulatory authority has this natural gas supply agreement.

(7) the regulatory authority has administrative decision to prohibit the exercise of his activity a natural gas distributor, when he punished for serious infringements of provisions of this Federal Act was and is feared another unlawful behavior or regarding a natural gas trader as a result of insolvency or over-indebtedness measures taken or is imminent.

10 part

Obligations to customers

Network access permission

122. (1) customers are entitled to conclude contracts for the supply of natural gas to cover the demand of domestic consumers with producers, natural gas distributors and gas companies and to covet these quantities of natural gas network access.

(2) natural gas companies can petition for network access on behalf of their customers. Producers of biogenic gases (organic and Woodgas) can desire network access on behalf of their clients, provided that this is not affected the interoperability of networks.

Change of the supplier or the balance group and new registration process

123. (1), not exceed three weeks, calculated from knowledge of the supplier change by the operator, the duration of the procedure relevant for change of the supplier and of the balance group without prejudice to existing civil obligations. The regulatory authority is empowered to regulate the closer for the change of the supplier and of the balance group, as well as the procedure relevant for the new registration by end-users through regulation. When determining the procedure is in particular in connection with a change of the network operators, balance and distribution area manager to appropriate technical and organisational measures, to ensure the compatibility of dates and deadlines with the accounting according to the balance sheet-group system, ensuring security of supply, as well as the enforcement of the customer will.

(2) the switching is connected to no separate costs for the end user.

(3) the operator has to be determined to add necessary data, i.e. in particular name, platform, one by the Clearing House to performing address and counting point label locally in a non-discriminatory manner utilities and balance for data matching in proceedings referred to in paragraph 1 in standardized, structured electronic form upon request by the regulatory authority regulation. The operation of the platform has to be made, respecting the data protection the unauthorized disclosure of the data is subject to the sanction in accordance with paragraph 168. The regulatory authority is empowered to regulate the shape of the data transmission by the operator on the platform operated by the clearing house provider and balance regulation.


(4) the ordinary termination by consumers in the sense of § 1 para 1 Z 2 consumer or small business compared to the provider is possible in compliance with a notice period of two weeks. Lock-in periods are contracted, the ordinary termination to the end of the first year of the contract and subsequently to the end of the last day of the respective month is possible. The ordinary termination of the provider to consumers within the meaning of § 1 para 1 can be done only by observing a period of minimum eight weeks Z 2 consumer or small business.

Provider of last resort

124. (1) natural gas distributors and other suppliers whose area of activity is providing consumers in the sense of § 1 para 1 Z 2 KSchG, have their general tariff for the supply in the last instance by consumers within the meaning of § 1 para 1 Z 2 consumer protection act in an appropriate manner (E.g. Internet) to publish. You are obliged consumer within the meaning of § 1 para 1, to their current terms and conditions and this collective Z 2 KSchG, and small business, refering them opposite to the primary care, with natural gas to supply (mandatory basic services). The regulatory authority is empowered to set to Z 2 KSchG and small enterprises for the supply of last resort more detailed provisions about the reasonableness of a primary health care and on the design of the tariffs for consumers within the meaning of § 1 para 1 through regulation.

(2) the general tariff of basic services for consumers in the sense of § 1 para 1 Z 2 KSchG may be higher as those tariff, to which the largest number of their customers, the consumers in the sense of § 1 para 1, Z are 2 KSchG, be supplied. The general tariff of basic services for small enterprises must not be higher than the rate which applies to comparable groups of customers. The consumer in the sense of § 1 para 1 Z must be 2 KSchG, which refers to the universal service, in connection with the recording of delivery requires no security, bond or deposit, which exceeds the amount of an instalment payment for a month.

(3) device of the consumer is not in further delay of payment, six months it refund the security deposit and to refrain from an advance payment, as long as not a default of payment occurs.

General terms and conditions for the supply of natural gas

Natural gas distributors and suppliers have section 125 (1) general terms and conditions for the supply of natural gas for customers, whose consumption is not measured with a load profile meter is to create. The terms and conditions and their changes are to display the regulatory authority prior to its entry into force in electronic form and to publish in a suitable form.

(2) changes to the general terms and conditions and the contractually agreed fees are only in accordance of the General Civil Code and of the Consumer Protection Act, Federal Law Gazette No. 140/1979, allowed. Such changes are electronically notify the customer in writing in a letter addressed personally to them or at their request. In this letter are the changes to the General conditions reproduce comprehensibly. Terminates the contract in the event that customer objects to the changes of the terms and conditions or of the fees, the contract ends with the last day of a period of three months following month.

(3) general terms and conditions or contract forms have between suppliers and customers to contain at least:



1. name and address of the natural gas trader or supplier;

2. Services and quality levels offered, as well as the estimated date for the start of the delivery;

3. manner, current details of the applicable contractual charges for customers provided available;

4. duration of the contract, the conditions for renewal and termination of services and of the contract, the existence of any right of withdrawal;

5. any compensation and the refund arrangements for non-compliance with the contractually agreed quality including incorrect and delayed billing;

6. an indication of the appeal possibilities available;

7 procedures to which the customer is required to make instalment payments, whereby a payment is at least ten times a year anyway, to offer;

8. the energy price in cents per kWh, including any surcharges and taxes;

9. the conditions for which a delivery within the meaning of § 124 takes place.

(4) the supplier have proven to inform their customers prior to the conclusion of a contract regarding the essential elements of the Treaty. For this purpose, the customer a leaflet is handed over. This also applies if the contract is initiated through an intermediary.

(5) the regulatory authority may prevent as far as the application of the conditions displayed in accordance with paragraph 1 within two months, when these contrary to a statutory prohibition or morality. Without prejudice to the responsibilities for review of terms and conditions under other legislation.

(6) through the provisions of paragraph 1 to 5 remain the provisions of the consumer protection act and of the ABGB untouched.

Minimum requirements for invoices and information and promotional material

Section 126 (1) to the final consumer-oriented information and promotional material, as well as invoices are transparent and consumer-friendly. As far as the system license fee and the price for natural gas (energy price) together, and they advertised together offered a common contract or one should be settled, are the components of the system user fees, surcharges for taxes and duties, as well as the energy price in a transparent manner disclosed separately. The indication of the price of energy has to be done anyway, in cents/kWh as well as quotation of a possible initial charge. An electronic transmission of invoices is allowed on customer request, the right of customer on accounting in the form of paper may be however excluded contractually. For the accounting in the form of paper, no additional costs may be charged to the customer.

(2) a periodic billing is on request end users.

(3) on the invoices for the use of the system, the individual components of the system user fees, as well as taxes are taxes and surcharges in accordance with federal or landesgesetzlicher provisions separately. In addition, there are in particular the following information:



1. the assignment of customer systems to the power levels in accordance with section 84;

2. in the performance measured customers that contractually agreed maximum power in kilowatt per hour (kWh/h);

3. the counting point labels;

4. the meter readings used for billing.

5. information about the type of counter stand discovery. It is specifying whether a meter reading was carried out by the network operator, a self reading by the customer or a computational investigation of counter readings;

the performance for the settlement, as well as each a comparison transported 6 amount of energy in the period per period, performance-measured customers in addition to the previous year;

7. the Verrechnungsbrennwert kWh / m ³. of the clearing to determine of the amount of energy used is as well as the conversion factor, the amount of gas in the operation in the amount of energy will be converted in its application;

8. the possibility of self reading by the customer;

9 telephone contact information for major incidents.

(4) providers are required by the regulatory authority in the regulation according to § 72 ABS. 3 of set Verrechnungsbrennwert to put their accounting, except there is a combustion measurement on the ground.

(5) the operator has the network user the information referred to in paragraph 3, as well as all stored free of charge to send him relevant consumption data of the last twelve months on request to him or explicit statement to a named third party. Article 129 shall remain unaffected.

Switch off the mains connection and information of customers

Network operators have 127. (1) consumers easy and immediately accessible in the Internet, as well as in the context of one of the accounting fair information sheet for free to provide following information:



1. name and address of the company;

2. Services and quality levels offered, as well as time for the initial connection;

3. type of maintenance service offered;

4. type and way in which up-to-date information on all applicable fees are available;

5. duration of the contract, the conditions for renewal and termination of services and of the contract, withdrawal rights;

6 any compensation and the refund arrangements for non-compliance with the contractually agreed service quality, including incorrect and delayed billing;

7 go to the initiation of dispute settlement procedures;

8 any versions of the European Commission on the rights of energy consumers.

(2) providers have to provide following information easily and immediately accessible in the Internet, as well as under one Bill fair information bulletin end-users free of charge:



1. name and address of the company;

2. nature and way in which up-to-date information on all applicable rates are available;


3. duration of the contract, the conditions for renewal and termination of services and of the contract cancellation rights.

4. proceed to the initiation of dispute settlement procedures, 5 on the right to supply in accordance with § 124, 6 any compensation and the refund arrangements for non-compliance with the contractually agreed service quality, including inaccurate and delayed billing, 7 any versions of the European Commission on the rights of energy consumers.

(3) the operator is only entitled in cases of breach of contract for the physical separation of the network connection if the is preceded by a double reminder including at least two-week grace period. The second reminder has to contain also information about the result of a shutdown of the network access after the two-week grace period, as well as the associated estimated costs of a possible shutdown. The final warning has to be carried out by registered mail.

(4) companies have to put the customer at the latest six weeks following completion of the provider change or after termination of the contract the statement.

(5) a Prepaymentzähler is to uninstall, if the end user over a period of six months has paid its bills.

Intelligent instruments

Section 128 (1) of the Federal Ministry of economy, family and youth can set the introduction of Intelligent measuring devices after conducting a cost/benefit analysis. This has by regulation to be carried out after consultation with the regulatory authority and the representatives of consumer protection. The network operators are to undertake in case of the adoption of this regulation, to equip those consumers whose consumption is measured, not during a load profile meters with smart meters.

(2) the regulatory authority shall by regulation to determine where these smart meters have to comply with and in accordance with section 79 in determining the cost base for the determination of remuneration in approach to bring those requirements. The operation of intelligent instruments has to be done, while maintaining the data and consumer protection the regulatory authority shall as far as possible involve representatives of consumer protection as well as the data protection Commission.

Measurement of intelligent instruments

129. (1) network operators are obliged to store the specific consumption counts for purposes of billing, customer information and energy efficiency within six months from the date of installation of a smart meter in the respective end users every day. Network operators are obliged to provide all consumption data those consumers whose consumption is measured during a smart meter at the latest one day after their initial processing on the Internet free of charge available.

(2) network operators are obliged to send readings of consumer, the consumed is measured by using a smart meter if the customer does not disagree, per month to the respective supplier. The providers are obliged to send a consumption - created on the basis of the measured values and gas cost information to end-users free of charge within two weeks after delivery of the measured values. The end user is the choice possibility, to obtain the consumption information on request free of charge in the form of paper.

(3) consumers, the consumed not using a smart meter is measured, is to submit a detailed consumption information with the invoice. In addition, the operator has the possibility of admitting, once every three months to give meter readings all end users. The network operator is obliged in case of counter status notification to submit a timely usage information the end user within two weeks.

(4) the regulatory authority can use regulation, to set the data to be submitted in accordance with paragraph 2 from the network operator to the provider as well as the level of detail and the form of the provision of consumption information in accordance with paragraphs 1 to 3. She has to take into account the intelligibility, as well as the suitability of the information on the effect of efficiency gains.

Designation of origin (labelling)

130. (1) provider, supplying consumers with natural gas or biogas, landfill gas or sewer gas in Austria, are required on or as an annex to their gas bill (annual billing) for end user to expel the provider mix which takes into account the entire gas application of provider for end users. This obligation shall also in terms of labelling advertising material directed to consumers pursuant to § 7 paragraph 1 Z 27.

(2) after a moderate percentage breakdown into biogas, the marking has to be landfill gas, sewage treatment plant gas and natural gas on the basis of the total by the supplier to final consumers of gas pipe of delivered gas (kWh).

(3) the total in the previous calendar or fiscal year over gas lines are the marking on the gas bill to consider gas quantities delivered to end users.

(4) If a provider within the framework of the sale to the final consumer makes a product differentiation with different energy mix, paragraphs 1 and 2 shall apply for these products, as well as for the remaining energy mix (residual mix). In the offered products with different energy mix and the respective residual mix in total must evaluate the supplier mix. The obligations under para 1 and 2 remain unchanged.

(5) providers have to document the understanding of the labelling. In the documentation, the application of the amounts of gas supplied by them to the final consumer, structured according to the biogas, landfill gas, sewage treatment plant gas and natural gas, must be represented conclusively. The evidence must include funding operation in terms of gas volumes from biogas, landfill gas and sewage gas information energy levels, place and period of the promotion as well as name and address. You are by one after the accreditation Act, Federal Law Gazette to confirm No. 468/1992, approved testing, monitoring or certification authority. § 3 of the accreditation Act apply mutatis mutandis.

(6) the documentation must be audited by a chartered accountant or an appropriate, sworn and court certified expert. The result is confirmed to be published in an annex to the annual report of the supplier in a clear form and by the inspection body.

(7) the result of the documentation that no later than four months after the end of the calendar or fiscal year must be created, is to provide for a period of three years for inspection by end user at the registered office of the supplier.

(8) catering have the evidence according to present para 5 and all necessary documents, which are required to be able to check the accuracy of the information at the request of the regulatory authority within a reasonable time. The affected utilities decision to ask to set the identification is incorrect information.

(9) the regulatory authority may adopt by Ordinance further regulations on the marking of gas.

(10) the obligation to identify according to par. 1 to 4 only exists if the total Austrian application of biogas into the natural gas grid-powered, landfill gas and sewage gas in the preceding two calendar years each has exceeded an annual amount of 30 million m3. Unaffected, the obligation to identify applies after the para 5 to 8 for those companies that already make before reaching the threshold set out in this paragraph, product differentiation with different energy mix.

11 part

Monitoring tasks

Monitoring tasks

§ 131. (1) within the framework of its monitoring function relating to the natural gas market has the regulatory authority each task,



1. the security of supply in relation to reliability and quality of the network, as well as the commercial quality of network service;

2. the level of transparency on the gas market, focusing on the wholesale prices, 3. the level and effectiveness of market opening and the extent of competition at the wholesale level and retail level, including any distortions or restrictions;

4. any restrictive contractual practices, including exclusivity provisions, which to prevent performance measured large commercial customers because at the same time with multiple providers to enter into contracts, or limit their ability to do so;

5. the duration and quality of the new connection made by transmission and distribution system operators, maintenance and other repair services;

6. the compliance with the rules relating to the roles and responsibilities of transmission system operators, distribution system operators, market area manager, distribution area manager, clearinghouses, utilities and customers, as well as other market participants pursuant to Regulation (EC) No. 715/2009;

7. the conditions for access to storage, Linepack and other ancillary services in accordance with article 33 of Directive 2009/73/EC;

8. the investment plans of the transmission and distribution system operators;

9. the implementation of control measures within the meaning of section 20a of the Energy Control Act 1982, to watch.


(2) the regulatory authority is empowered to regulate population, units and features, characteristic value, data format, frequency, intervals and procedures of ongoing data collection, as well as determination of the duty to report-persons entitled to carry out the tasks referred to in paragraph 1 by regulation. The regulation has in any case, to determine the following data:



1. from network operators: number of new connections including time each needed; carried out maintenance and repair services including each for this high a fees and time required; Number of planned disruptions including number of consumers affected and duration of planned disruptions separately to power levels; Number of unplanned supply interruptions, including cause, number of consumers affected, and duration of the unplanned supply interruptions, separately to power levels as well as equity or causes; or number of the network access and network access requests as well as their average processing time;

2. by transmission system operators: number of breaks per delivery point; Calculation method of capacity that is offered to third parties on an interruptible basis;

3. by distribution system operators: total number of end users; Number of switching power levels and provider as well as any amounts (kWh); Disconnection rates under separate designation of shutdowns for suspension or termination of the contract due to breach of contractual obligations or; Number of Neuan - and cancellations; The used advance payment counts number of initiated changes that were made known to the network operators including number of non-successful changes; Number of accruals and share of the Bills, which were later sent out six weeks after termination of the contract; Number of customer complaints and enquiries and subject (E.g. invoice and invoice amount or counter, reading and consumption determination) as well as the average processing time of complaints;

4. from providers: energy prices charged number of switching, as well as any quantity (kWh), separately according to customer groups in cent/kWh of per defined customer group; Number of complaints received, together with the grounds of appeal; Number of supplied consumers with dispense rate of per defined customer group;

5. from a feeders: average import prices in cents/kWh without taxes and duties, and import volume, separately after the contractual transfer points; average purchase prices in cents/kWh and amounts of domestic producers;

6. from the operators of virtual trading point: aggregated transaction data (OTC volumes and market concentration data separately by buying and selling);

7. by the operator of the virtual trading point: aggregate trade volumes of goods and futures exchanges, where natural gas traded (transaction data and market concentration data is separated each after buying and selling);

8. from a balance group coordinators: quantities of physical and accounting balance energy balance energy supplier or balance group; Balance energy deals and balance energy calls for balance energy supplier; Clearing price; Provider and demand structure;

9. of the market area managers and distribution area managers: network load according to Regulation (EC) No. 715/2009; Linepack (Linepack); Input and exit points of the market area; weighted average value of the energy value of all in a market area of injected gas (with the exception of the memory) through the market area manager;

10. by memory company: information about and from storage performance and working gas volume (in particular if firmly contracted, interruptible contracted, used, contractually not bound); on the basis of article 17 paragraph 3 of Regulation (EC) No. 715 / 2009 sold day ahead storage capacity, separated after interruptible and firm capacity.

(3) natural gas traders are obliged, by the regulatory authority regulation with other natural gas traders and system operators for a period of five years to be kept to change transaction data about transactions and their tasks if necessary at any time in a form prescribed by the regulatory authority available to the regulator, the Federal competition Commission and the European Commission. The regulation has in any case to determine the storage and delivery of the following data: features and specifications for each financial and physical transaction, in particular the date of transaction, contract duration, gas exchange or other trading venue on which the transaction was made, first delivery time, identity of buyers and sellers, transaction amount and price, or price adjustment clause as well as storage costs and balancing energy costs (as part of the energy price).

(4) a declarant refuses to report data according to para 2 and 3, the regulatory authority may order the reporting of the data communication.

(5) the regulatory authority can carry out independent surveys of customer satisfaction to the evaluation of the operator for the services and quality of care information or cause. The network operators are obliged to cooperate and to support these surveys.

(6) the regulatory authority is authorized to complete data exchange agreements with regulatory authorities of other Member States, and this use gained information for purposes of the tasks referred to in paragraph 1. The regulatory authority is authority concerning the data transmitted on the same level of confidentiality tied as the information.

12 part

Dispute resolution

Procedure

Section 132 (1) in disputes



1 between legitimate network access and network operators concerning the legality of the refusal of network access, 2 between legitimate memory access and memory companies on the legality of the refusal of memory access as well as 3 between providers will decide on the legality of the refusal of transferring a dining capacity - if no jurisdiction of the cartel Court (§ 38 antitrust law 2005, Federal Law Gazette I no. 61/2005) exists - the regulatory authority.

(2) in all other disputes



1 between legitimate network access and obligations emerging operators from this relationship commitments, 2 between legitimate memory access and memory company which from this relationship, 3rd between customers and the operators of virtual trading point, 4 between the independent system operator in accordance with article 109 and the owner of the transmission system in accordance with section 111, vertically integrated company and the independent transmission system operator in accordance with 5 between the § 112 and 6 over the settlement of balancing the courts decide. A suit of network access authorized in disputes pursuant to subpara 1 or memory access authorized in disputes pursuant to no. 2, as well as a lawsuit in disputes pursuant to no. 3 to 6 can be introduced only after notification of the decision of the regulatory authority in the dispute settlement procedure within the section 12 paragraph 4 E-ControlG period. If a procedure in accordance with Z is pending 1 or no. 2 with the regulatory authority, no judicial proceedings can be made until its completion in same thing pending.

(3) Notwithstanding the provision of paragraph 2, a lawsuit claims based on a refusal of network access or memory access, can be introduced only after legal effect of the decision of the regulatory authority; such a decision constitutes a preliminary question for the court proceedings, this is to break up to the legal force of the decision of the regulatory authority.

13 part

Natural gas transmission facilities and storage facilities outside of the mineral resource law

1 section

Characteristics of natural gas systems

Minimum technical requirements on systems

section 133. To ensure the obligations imposed on network operators, the rules of technology are in the construction, manufacturing and operation of natural gas transmission facilities (article 7, paragraph 1 Z 53) to comply.

2. section

Establishment and dissolution of gas supply systems

Permit requirements

Section 134 (1) without prejudice to the permitting existing under other provisions or authorization obligations requires the construction, extension, significant modification and operation of gas pipe systems of gas-legal authorisation by the authority referred to in article 148, paragraph 2.

(2) from the permit requirement, natural gas transmission facilities are excluded, with a maximum allowable operating pressure up to 0,6 MPa including where the holder of the cable plant



1 location and execution plans, technical descriptions of the management system as well as records, which indicating that the management system according to the relevant rules of the technology will be built and operated, and where the applicable rules of the technique described and their observance is occupied or 2.

the complete certification documents according to ÖVGW PV 200 "quality requirements for gas network operator, requirements of examinations for the certification of gas network operators", available in the Austrian Association for gas and water industry or other appropriate certification procedures (E.g. ÖNORM EN ISO 9001 "quality management systems - requirements (ISO 9001:2000)"), all available at the Austrian Institute for standards being, 1020 Vienna, Heinestraße 38, 3. a security concept in accordance with article 58, paragraph 1 Z 3 , Article 62, paragraph 1 Z 9 and section 150 subsection 2 Z 12 as well as proof of liability insurance in accordance with article 51 for inspection at any time by the authority in accordance with article 148, paragraph 2 are up and no forced rights in accordance with § 145 in claim be taken. Natural gas transmission facilities are no. 1 with a range of about 0.1 MPa three months prior to the planned construction of the authority in accordance with § 148 paragraph 2 in connection in article 150, paragraph 2, to display 5, 12 and 13 listed documents. The authority referred to in article 148, paragraph 2 has to prohibit the execution of request of an operator within three months if the conditions of article 137, paragraph 3. Article 138, paragraph 1 shall apply mutatis mutandis to no. 4. The documentation referred to in article 150, paragraph 2 are not excluded in the display Z 1, 5, 12 and 13 and this also not presented AVG of the authority in accordance with article 148, paragraph 2 when requested in accordance with article 13, the display must be rejected within a period of three months.

(3) the Federal Minister for economy, family and youth is authorized to amend those requirements specified in paragraph 2, under which natural gas transmission facilities are exempt from the permit requirement, regulation or supplement if you expect no adverse impact on the legal interests protected in accordance with § 135 after declared binding rules of technology.

(4) Notwithstanding the provision of paragraph 2 of the Federal Ministry of economy, family and youth, more natural gas transmission facilities from the permit requirement may exempt by regulation if is to be expected due to their nature, that to be performed in accordance with § 135 interests are sufficiently protected. Technical regulations for the quality of the natural gas line facilities exempt from the permit requirement for binding can be explained in this regulation.

Prerequisites

Natural gas transmission facilities are 135. (1) to build, expand, modify and operate, that



1 the life or the health of a) of the owner of the natural gas system, b) of not the provisions of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, covered with active family and c) the neighbors not endangered;

2. real rights are not compromised by neighbors

3. neighbors; not unreasonably bothered by noise, smell or otherwise

4. the technical safety rules is respected;

5. the relevant rules of technology are as well as 6 the heat during the compaction of natural gas to the extent technically possible and economically reasonable is fed to a concept.

(2) under a threat of property within the meaning of paragraph 1 Z 2 is not to understand the possibility of a mere reduction of the market value of the property.

Preliminary examination

Section 136 (1) may specify the authority under section 148, paragraph 2 on request of the applicant or its own initiative a preliminary examination procedure if a request temporary use of foreign land or permit a natural gas line system and to worry about is that these natural gas line system significantly affect public interest according to article 137 para 5. The authority referred to in article 148, paragraph 2 has to decide on this request within a period of three months.

(2) in a preliminary examination procedure are all public authorities and public bodies representing the public interests affected by the planned natural gas line system (article 137 para 5) to hear.

(3) after completion of the preliminary examination procedure is with notice to determine whether and under what conditions the planned management system does not contradict the contact with the public interests.

Approval of natural gas systems

Natural gas transmission facilities may 137. (1) without prejudice to the provision of § 134 para 3 only with the consent of the authority referred to in article 148, paragraph 2 be built, expanded, modified and operated.

(2) the approval is, where necessary, under notices of payment due of specific and appropriate conditions, to provide,



1. If, after the State of the art (article 7, paragraph 1 Z 60) as well as to expect of otherwise relevant sciences is that; at all or with compliance to prescriptive, if necessary, certain appropriate the foreseeable in the circumstances of the case risks in the sense of § 135 1 avoided No. 1 or no. 2 and disturbance, damage or adverse effects in the sense of § 135 1 limited to Z 3 to an acceptable level

2. when the construction, expansion, modification, and the operation of the system in compliance with the applicable safety legislation and relevant rules of the art, and 3. If evidence of insurance and the existence of a security concept in sufficient scale.

(3) the approval of a natural gas line system is to fail, if the construction, extension or modification of the installation with the objectives of section 4 is incompatible or preventing a network operator that fulfil the public service obligations imposed on it pursuant to article 5 and these grounds can be eliminated not by the notices of payment due requirements. The regulatory authority shall on request of an operator at least one of these grounds for refusal within two months from the receipt of the request for administrative decision to determine the existence of. The requesting operator has the existence of the grounds of refusal to prove. Until the decision of the regulatory authority, the authority referred to in article 148, paragraph 2 has to suspend the approval procedure in accordance with article 38 AVG.

(4) a refusal in accordance with paragraph 3 is inadmissible if the natural gas line installation solely for the supply of a single consumer built and operated.

(5) requirements is a vote with already existing or approved other energy facilities, the country's culture, to bring about forestry, of water law, spatial planning, water management, the torrent and avalanche control, of nature and landscape conservation, of monument protection, natural resources, public transport and defence. These interests are the authorities appointed to and public bodies.

(6) the authority in accordance with article 148, paragraph 2 can grant only the approval for establishing requirements, compliance with which for security reasons before a review is needed, and reserve the operating approval.

(7) results in the approval of a natural gas line installation, that preserve Z 1 to 3 are to interests despite compliance with the requirements prescribed in the gas licence or a possible operating licence cannot be sufficiently protected in accordance with article 135, paragraph 1, as has the authority pursuant to section 148, paragraph 2 to require that after the State of the art and the State of medical and otherwise relevant science to achieve this protection of required other or additional conditions. This also applies to installations which are exempted from the permit requirement referred to in § 134 para 2, mutatis mutandis. The authority referred to in article 148, paragraph 2 has such conditions not to prescribe when they are disproportionate, especially if the expenses out of proportion to the success with the requirements associated with the fulfillment of the conditions. In particular the useful life and the technical characteristics are taken into account.

(8) arises after a natural gas line installation, approval that the Z 1-3 to uninstalls interests without adhering to parts of the requirements prescribed in the gas licence or a possible operating licence are sufficiently protected in accordance with article 135, paragraph 1, as the authority in accordance with § 148 paragraph 2 on request pick up not required according to the rules of the technology to achieve this protection and, where appropriate, other constraints.

(9) due to a change in the person of the holder of a natural gas line system, the effectiveness of the approval for the construction of the natural gas system and the operating licence is not affected.

Parties

Section 138 (1) the procedure for the approval of natural gas transmission facilities have party status:



1. the approval of advertisers;

2. all property owners, whose Grundstücke along with her including become the establishment, extension or change of gas pipeline systems permanently or temporarily claim taken under ground or in the air space of measures, and that this land concrete entitled - excluding mortgage creditors--and the mining holders;

3. the neighbours (para. 2), as far as their touch after article 135, paragraph 1 Z 1-3 protected interests;

4. network operators who have submitted a request for refusal of the marketing authorization pursuant to article 137, paragraph 3;

5.

the locally competent Inspectorate, as far as the procedure affects matters of employee protection.

(2) neighbors are all persons who through the establishment, expansion, the change threatens the existence of or the operation of a natural gas line system or harassed or their property or other rights in rem could be endangered. Aren't people who temporarily residing in the vicinity of natural gas pipe and in-kind shall not in the sense of the previous set are neighbors. Neighbors however are the owners of facilities where, such as establishments, hospitals and homes, regularly people temporarily staying, with regard to the protection of these persons, and the Sustainer of schools with regard to the protection of the students, the teachers and the persons constantly employed in schools.

(3) as neighbors also are legally or but actually in para 2 first sentence persons referred to handle living on border land abroad, when in that State Austrian neighbours in the corresponding proceedings enjoy the same protection of the neighbor.

Reporting obligations at start and end of the operation

§ 139. (1) the holder of the plant has to indicate the completion of the natural gas system or its relevant parts of the authority in accordance with article 148, paragraph 2. Has the authority pursuant to § 148 paragraph 2 on the occasion of the construction approval does not reserve an operating licence, the plant owner is entitled to begin regular operation after the indication of the completion.

(2) has been subject to the gas pipe plant of an operating licence in accordance with article 137, paragraph 6, is to approve the start of regular operations, provided that the conditions of establishment approval have been met after the notification of completion.

(3) the holder of the plant has to show the permanent dissolution of an approved gas system of the authority in accordance with article 148, paragraph 2.

Self-monitoring

§ 140. (1) the owner of a natural gas pipe plant these regularly recurring has to check or check to allow, whether it meets the rules applicable to the facility, the permit notification or notices other judgments under this Federal Act. Unless the permit or notice another judgments under this federal law or other rules applicable to the system otherwise determined, the deadlines for the periodic inspections is ten years.

(2) to perform the periodic inspections in accordance with paragraph 1, institutions of the Federal Government or a federal country, accredited bodies in the framework of the technical scope of their accreditation, State-authorized institutions, civil engineer, or traders, are each to be used in the framework of its powers, by the owner of the natural gas transmission facilities; recurring inspections must be made also by the owner of the natural gas system, provided that it is suitable and competent, and of other appropriate and competent employees. Than to see people, if they have the technical knowledge necessary for the respective examination and experience for her education and her previous occupation are suitable and competent and also guarantees provide for a conscientious implementation of the audit work.

(3) on each periodic inspection is to issue an examination certificate which has to contain in particular deficiencies and suggestions for their rectification. That the test are examination certificate and other relevant documents, provided in the permit notification or in a communication other otherwise determined is to be kept by the owner of the plant up to the next recurrent inspection of the system and to submit on request of the authorities.

(4) deficiencies are in an examination certificate in the recurring inspection recorded, so the owner of the plant has a duplicate or illumination this examination certificate without delay and within a reasonable period of time to submit a representation of on the corrective measures the authority in accordance with article 148, paragraph 2.

Cancellation of the approval

141. (1) a permit granted under section 137 is void if



1. with the establishment is started within a period of three years from the legal effect of the permit or 2. the notification of completion (§ 139 para 1) within a period of five years from the legal effect of the construction permit is made.

(2) the operating licence expires, if



1. the regular operation does not within one year from the notification of completion, in the cases where the natural gas pipe plant of the granting of an operating licence in accordance with article 137 paragraph 6 has been kept before, is absorbed from the force of law, or 2. the marketing authorisation holder indicates that the natural gas line system is constantly been decommissioned, or 3. the operation of the gas line system was interrupted from the identification of the authority in accordance with § 148 paragraph 2 unfounded by more than three years.

(3) the time limits under paragraph 1 and paragraph 2 Z 1 can of the authority in accordance with § 148 paragraph 2 to no more than seven years be extended if the planning or construction works require this and therefore is requested before the end of the period.

(4) upon termination of the construction or operating licence, which has last plant holder to pay off the gas line system proven prompt the property owner immediately and restore the previous state if possible, unless this was ruled out by private agreements about leaving the natural gas system. This connection is to proceed with utmost and enable the intended use of the affected land.

(5) in the event of a total or partial interruption of operation the necessary precautions to take to avoid risks of protected goods listed in § 135.

Non-approved natural gas transmission facilities

142. (1) is a candidate natural gas line facility without permission built, expanded or substantially changed or a facility, whose operation permission reserved, operated without operating licence, so the authority in accordance with § 148 paragraph 2 decision has the required for the production of the legitimate State measures such as the setting of the construction work, the setting of operation, the removal of non-approved equipment or installation parts , to arrange. This caution is to take on a reasonable period of time to carry out the necessary work.

(2) the removal of plants or plant parts may be does not however, when winning the necessary approval has been requested and the request was not refused or rejected.

Interim safety measures

Section 143 (1) the gas pipe system subject to this Federal Act caused danger to the life or health of people or discourage for the ownership or other real rights of neighbours or who by a non-authorised or exempt natural gas line system to turn off caused unacceptable disturbance of neighbors, the authority in accordance with § 148 paragraph 2 according to the extent of the threat or harassment decision has the total or partial closure of the natural gas system , the scrapping of machinery or other, the relevant safety measures or arrangements to have. The authority in accordance with article 148, paragraph 2 has reason to believe that security measures in place are required, so she allowed to meet after agreement of the owner of the natural gas system, of the Manager or of the owner of the system or, if an understanding of these persons is not possible, such measures without previous procedure and prior to issuing a decision on the spot a person who actually performs the operation; This is a written opinion within one month adopt, failing which the taken measures lifted considered. This decision shall also apply when issued, if he no. 200/1982, due to failure of the authority is sent back delivery Act, Federal Law Gazette in accordance with section 19, and since two weeks have elapsed the fence on the official notice board by the authority in accordance with article 148, paragraph 2. These decisions are immediately enforceable. You compete with one year - from the date of their legal force calculated - override, unless no shorter period in the notification has been set. The effectiveness of these notices is not affected by a change in the person of the owner of the installations affected by the measure, plant parts or objects.

(2) the criteria for the issue of a notice referred to in paragraph 1 no longer exist and it is expected that in future elections were those rules determining compliance for the measures referred to in paragraph 1, are met by the company, that wants to operate the gas line system, so has the measures adopted by decision referred to in paragraph 1 first to revoke the authority in accordance with § 148 paragraph 2 at the request of the company.

Preparatory work for the construction of a natural gas pipe plant

Section 144 (1) to carry out preparatory work for the establishment, expansion or modification of a natural gas pipe installation has the authority pursuant to § 148 paragraph 2 on request to authorise the temporary use of foreign plots.


(2) in the application, the nature and duration of the proposed work shall be indicated. It is also to close in a map on an appropriate scale the application, which is to be evident to the area touched by the preparatory work.

(3) a right to a decision is only then, if the start of preparatory work within one year, calculated from application in Vista is.

(4) in the approval, the applicant is reserving the right, to enter foreign lands and on these to the preparation of the construction design of the natural gas system to perform necessary soil investigations and other technical work. No party position comes to the landowners and in-kind legitimate.

(5) in the implementation of the preparatory work, the legitimate has to proceed with utmost existing rights and to accept that the intended use of the affected land is not obstructed if possible carefully.

(6) the authorisation shall be limited in time. The deadline is set on the nature and the extent and the moderate terrain conditions of the preparatory work, taking into consideration. It is on a maximum of three years, counting from the delivery of the notification with the preparatory works have been approved to extend, as far as this requires the preparation of building design.

(7) the municipalities in which to perform the preparatory work, the authority in accordance with article 148, paragraph 2 has to deliver a copy of the approval and a map referred to in paragraph 2, which published are immediately due to stop on the official notice board. The public announcement period is three weeks. With the preparatory work must be started after the announcement deadline.

(8) the person entitled to carry out of the preparatory work is without prejudice to the provisions of paragraph 7 the owner or the beneficial owner of the affected properties, as well as any mining authorized at least four weeks before the intended start of preparatory work in writing to inform.

(9) the person entitled to carry out of the preparatory work has adequately the owners of affected land, the this land in-kind rights - excluding mortgage creditor and any mining authorized for all restrictions of their rights at the time of approval immediately associated with the preparatory work to compensate. As far as this no agreement is reached, the compensation upon request by the authority in accordance with article 148, paragraph 2 is set. Section 151 shall apply mutatis mutandis to proceedings for compensation.

3. section

Expropriation

Expropriation

145. (1) an expropriation by the deprivation or limitation of property or rights is allowed if this necessary and in the public interest is located the remote or distribution line for the establishment. The public interest is the affected property owners at the earliest possible date. A public interest exists anyway, when the natural gas system in the long-term planning or in the network development plan is provided. In this case is the public interest by the regulatory authority in the decision to determine. For natural gas systems, which are not subject to the long-term planning and the network development plan, a public interest exists anyway, then, if the construction of this plant to achieve the objectives of this federal law, in particular the objectives described in section 4, section 22 and section 63, is required. For natural gas transmission facilities with a pressure range up to 0.6 MPa including private land can be expropriated only, when public good in the area not available or the use of public good cannot be expected to the natural gas company for economic reasons.

(2) the expropriation includes:



1. the granting of easements to immovable property;

2. the transfer of ownership of land;

3. the assignment, restriction or suspension of other rights in rem in immovable property and such rights, the exercise of which is tied to a specific location.

(3) the in para 2 Z 2 listed measure may be made use of only in those cases, if the others are not sufficient measures to in para 2.

(4) a decision on the admissibility, the content, the subject matter and the scope of the expropriation, as well as in accordance with the § 151 of the amount of expropriation compensation decides the authority which is responsible for approving the plant in accordance with § 148.

(5) for natural gas systems, which are excluded in accordance with § 134 para 2 from the permit requirement, competent authority within the meaning of paragraph 1 is the Governor.

4 section

Storage facilities outside of the mineral resource law and measures relating to the control of major-accident hazards

Scope of application

146. (1) this federal law require tubes and ball storage a permit after. The provisions of section 133 shall apply mutatis mutandis to these storage facilities.

(2) the operator of a tube memory or ball store, which falls within the scope of this section and 1 Z 14 GewO exceeds the thresholds of Appendix 5 of part, has all the State of the art to take necessary measures, which are necessary to prevent major accidents and to limit their consequences for man and the environment. The § 84a shall apply h GewO 84e and § 84 on these assets accordingly.

14 part

Statistics

Arrangement and carrying out statistical surveys

147. (1) the regulatory authority is empowered statistical surveys including price surveys and surveys of other market data, in particular the number of changes and new customer numbers by customer group and other statistical work on gaseous energy sources of any kind, in particular of biogenic gases, which can be used in the form of original or converted by burning for purposes of power generation to arrange and carry out.

(2) the arrangement of the statistical surveys shall by regulation to be made. The regulation shall in particular contain in addition to the arrangement of statistical surveys:



1. the population;

2. statistical units;

3. the type of statistical survey;

4. data collection characteristics;

5. characteristic value;

6 frequency and time intervals of data collection;

7. the determination of the category of persons, which is obliged to provide information;

8 whether and to what extent the results of statistical surveys to publish are, where the provisions of article 19, paragraph 2 to observe Federal Statistics Act 2000.

(3) a declarant refuses to sign data, the regulatory authority of the registration decision can determine and map the message of data by decision.

(4) the disclosure of individual data to the Federal Agency "Statistics Austria" for purposes of Federal statistics is permissible.

(5) the implementation of surveys and as well as the processing of the data acquired on the basis of these surveys has to be carried out by analogy with the provisions of the Federal Statistics Act 2000.

15 part

Authorities and procedures

1 section

Authorities

Responsibility of the authorities in gas matters

§ 148. (1) unless in a particular case or in the following paragraphs unless otherwise determined, is E-ControlG authority within the meaning of the provisions of this federal law the regulatory authority referred to in paragraph 2.

(2) without prejudice to the provisions in paragraphs 1 and 3 are responsible authority within the meaning of this Federal Act in the first instance:



1. the Federal Ministry of economy, family and youth for a) the granting of authorisations for the construction, the change, the expansion of transmission systems in the sense of § 7 para 1 No. 19 as well as distribution systems of the network level 1;

(b) the granting of authorisations for the construction, modification, the extension of natural gas management systems across the State borders;

2. a provincial Governor) for the granting of permits for the construction, modification, the extension of all other natural gas systems;

(b) for the issuance of permits for the construction, modification, expansion of storage facilities in accordance with section 146;

(c) to the determination regarding the existence of a connection obligation pursuant to § 59 3.

(3) administrative penalties are in accordance with § 159 to § 162 of the district administration authority to impose. The regulator has in this party proceedings. It is entitled, the observance of laws that protect the compliance of their public interests to be performed, as a subjective right in the procedure and to raise complaints to the administrative court.

(4) the regulatory authority can hurt debtor, the obligations under this Federal Act, to point out and wear them to establish the legitimate State within a reasonable period of time set by her, if there are grounds to believe, that a legally compliant behavior will be also without penal. While she has on the legal consequences associated with such a prompt to point out.

(5) required are not to punish, if they make the legitimate State within the time limit specified by the regulatory authority.

(6) fines provided for in § 164 are to impose the Antitrust Court.


(7) in terms of management, that have the approval for the establishment, change or the extension of natural gas transmission facilities pursuant to par. 2 No. 1 to the subject or the admissibility, the content, and the subject of expropriation for their establishment to the subject, the Federal Minister of economy, family and youth in individual cases can the competent local country captains to carry out official acts, in particular to the issue of notices , wholly or in part authorize, if this is located in the interest of expediency, quickness, simplicity and cost savings. The main compatriots take the place of the Federal Minister of economy, family and youth fully in the case concerned.

2. section

Preliminary examination and procedures for approval of natural gas systems

Preliminary examination procedure

The request for initiation of a preliminary examination procedure has 149. (1) in writing.

(2) in the framework of the preliminary examination procedure of the approval applicant of the authority has to submit the following documents:



1. a report on the technical concept of the planned natural gas line installation;

2. an overview map with the provisionally intended route and the facilities serving obviously touched, public interests.

The approval procedure

§ 150 (1) is gas-legal approval in writing to apply for the authority.

(2) the request following documents in duplicate are to connect:



1. a floor plan;

2. a technical report with information on the purpose, scope, operation and technical execution of the planned natural gas line installation, in particular about the design pressure and working pressure;

3. a Trassenplan on a scale of 1:2 000, from which the history of the natural gas system and the affected land with their plot numbers, as well as the width of the intended work Strip and the protection zone are shown;

4. a plan all belonging to the gas pipe system equipment in accordance with § 7 paragraph 1 Z 15.

5. a directory of foreign investments affected by the natural gas system, such as railways, power lines and the like, with name and address of the owner;

6. the names arising from land register up-to-date at the time of the application and addresses of the owners of the land on which the natural gas line system to be built, including the in-kind authorized with the exception of the mortgage holders and owners of adjacent land, which fall within the work strips and the protection zone of the natural gas system; If this owner apartment owners in the condominium Act 2002 - away in 2002, Federal Law Gazette No. 70/2002, are the names and addresses of the respective administrator, (§ 20 way 2002);

7. an excerpt from the final zoned from which the dedication of the affected by the system and the land immediately adjacent to the plant is visible;

8. a directory of mining areas, where the gas line system, the working line and the protection zone is located or comes to be, together with the name and address of the mining holders;

9. the rationale for the choice of cable Street, taking into account the actual local conditions;

10. a description and assessment of expected hazards and nuisances in the sense of article 135, paragraph 1 Nos. 1, 2 and 3;

11. a description of the measures which threats or harassment of the undertaking or shall be eliminated, reduced offset;

12. a security concept that includes in particular, the security reports envisaged with risk analysis, as well as a contingency planning;

13. a confirmation of the liability insurance company pursuant to § 51 para 1.

(3) the authority shall refrain from the production of individual in the paragraph 2 of the listed documents if they are not necessary for the approval procedure.

(4) the authority shall require providing additional copies of all or individual required in paragraph 2 or 3 documents if this is necessary for assessing public service bodies or to the opinions by experts.

Permitting and consultation rights

151. (1) has the authority to convene a closer look at negotiation on the basis of an application for authorization of the establishment and the operation of a natural gas line system or authorisation of the extension or modification of an approved gas line installation. Object, to make known the neighbors and the operators time and place of the inspection proceedings as well as the conditions for the creation of the position of the party are due to stop in the town. The owners of adjacent land in accordance with article 150, paragraph 2 No. 6 and the 1 and 2 mentioned people are Z in § 138 para 1 personally to load. If these owners are homeowners, are verifiably in writing in order to bring the information stated in the second sentence, the Administrator noted this information the apartment owners immediately, such as stop in the House, known to give.

(2) is the risk of injury of an art -, operation -, or business secrecy (§ 40 AVG), so is allowed to participate in the survey of the natural gas system only with the consent of the approval recruiter the neighbors, but is possibly right to party hearing to maintain.

(3) private-law objections to the natural gas system put forward by neighbors, so has the head of negotiations on an agreement to work towards; about induced agreement is to record in the minutes of the proceedings. The rest is the neighbor with such submissions on the civil way to refer.

(4) as far as the interests of the operators are affected by the construction and operation of a natural gas line installation, they can be heard.

(5) the municipality in whose area a natural gas system should be established and operated, can be heard in the procedure for the granting of gas licence for the protection of the public interest within the meaning of section 135 within the framework of their sphere of competence.

(6) require approval projects of an authorising or display to other federal legislation, to the competent authorities voted to proceed, and at the same time making the procedure possible.

Procedure concentration

152. (1) is a natural gas system, which is subject to approval under this Federal Act, even after the emission protection law for boiler plants (EC K) approval or plant parts are included in an natural gas system authorisation under this Federal Act, are subject to approval according to the EC, K is a separate permit EC according to the K, it is to apply its substantive authorisation schemes but at the approval of the gas pipe system.

(2) for plants or plant parts of natural gas systems, that have a fuel heat capacity of 50 MW or more, also § 7 is in addition to para 1 para of 2 and 3 EC K application.

(3) the decision for gas transmission facilities referred to in paragraph 2 has the requirements of § 8 par. 3 EC K to match. The decision is about their approval to publish EC K the provisions of § 8 para 4.

Granting of approval

153. (1) is the natural gas pipe system with written notice to approve, if they fulfil the conditions in accordance with section 135.

(2) the authority may allow certain conditions only must to comply from a, the date to be determined time of for this purpose necessary measures according to after the commissioning of the plant, or parts of the system, if there are, however, no concern from the standpoint of protecting the Z 1, 2 and 3 defined interests in article 135, paragraph 1.

(3) extensions or approved changes has the approval to include also the already approved gas system, as far as it's because the extension or amendment to safeguard the circumscribed interests in article 135, paragraph 1 Nos. 1, 2 and 3 of already approved investment is required.

(4) you are part of a taken pursuant to the law of procedure and with the agreement the provisions of this Federal Act relating to document by the authority in the decision. The certifications made on the basis of this Federal Act and adopted decisions are documents in the sense of § 33 par. 1 lit. d of the General Land Act 1955, BGBl. No. 39/1955 depends on the acquisition or the load, limitation or cancellation of encumbering right after such a notice the occurrence of certain conditions, the authority on request to pronounce whether these conditions exist. The statement is binding on the Court.

3. section

Procedures for the implementation of expropriation

Expropriation procedures

§ 154. The expropriation process and the official determination of the compensation are the provisions of the railway expropriation compensation law, to apply Federal Law Gazette No. 71/1954, with the following exceptions:



1.

The expropriation opponent may require redemption of unspoilt land to be taken through easements or other real rights in accordance with § 145 section 2 claim or parts of such against compensation which is payable by the expropriation recruiters, in the course of the expropriation procedure if they lose the convenient usability due to the load. Loses a piece of land through the expropriation of part of the owner the practical usability, is to redeem the whole plot at the request of the owner.

2. about the admissibility, the content, the subject matter and the scope of the expropriation and compensation the authority determines after consultation with the legal advocacy competent for the subject of expropriation.

3. the amount of compensation is to determine, on the basis of the estimate of at least an sworn and court certified expert in the expropriation notice, or in a separate communication in the latter case, a provisional amount of freezing is to set without further surveys in the notice of expropriation.

4. each of the parties may request the determination of the compensation amount at the provincial court within three months from the issuing of the permit (Z 3) determined the compensation, in whose jurisdiction is located the subject-matter of the expropriation. The decision is in terms of the Ausspruches about the compensation with invocation of the Court override. The application to the Court to determine the compensation can be withdrawn only with the consent of the defendant. On withdrawal of the application of the compensation amount in the expropriation notice is deemed to be agreed.

5. a legal expropriation decision is only enforceable once in the expropriation notice, or in a separate notice certain amount of compensation or the provisional freezing amount specified in the notice of expropriation (Z 3) legally deposited or is paid out to the dispossessed.

6. at the request of the dispossessed, a compensation in the form of a similar and equivalent Nki can occur in place of cash compensation when these economically can be expected to the expropriation recruiters under consideration of the case. This decides the authority in a separate communication in accordance with no. 3.

7. the initiation of expropriation proceedings which relates to verbücherte real estate or verbücherte rights, is to announce the reason book Court by the authority. The basic book Court must initiate the expropriation process should be noted. The remark has resulted in the expropriation notice against anyone that will be effective in its favor in the range bücherliches right is entered after the note. On the basis of a final decision, with the the expropriation procedure completely or with regard to the property claimed or with regard to the right of verbücherten has been set, is to delete the note, however. The authority has the basic book Court of the setting of the expropriation procedure to communicate.

8 by the cancellation of the gas-legal approval of a natural gas pipe system is the owner of the contaminated plot by the authority that decides on the subject-matter of the expropriation, to communicate. He can apply for the express abolition of the easements granted for this attachment by way of expropriation with the authority. The authority has the easements granted to the gas system by way of expropriation under setting a reasonable paid compensation refund on its application by decision to lift. Nos. 3 and 4 shall apply mutatis mutandis for determining the refund.

9 the transfer of ownership of a plot of land for purposes of a natural gas line system was held according to a notice of expropriation, the authority on the basis of one has within one year after the removal of the natural gas system of the application of the previous owner or his successor in title in its favor to pronounce the return transfer of ownership against compensation. Nos. 3 and 4 applies to the determination of this compensation.

16 part

Special organisational regulations

Order an ad litem

§ 155. natural gas company with its seat abroad, supplying domestic consumers, are obliged to appoint a representative ad litem pursuant to § 9 delivery law to the authority.

Information and confidentiality

156. (1) the authorities responsible for the implementation of procedures are entitled to request information about respondents, what is necessary for the performance of their functions under this Federal Act through their organs from the referred to in paragraph 2 and to inspect for that purpose in the financial and business records.

(2) to provide information, all companies and associations and federations of enterprises are required. Legally recognized confidentiality obligations are not affected by the obligation to supply information.

(3) a claim for reimbursement of the costs associated with the information does not exist.

(4) a person who participates in a proceeding on the basis of the provisions provided for in this federal law pursuant to article 69, paragraph 3, or as representatives of public authorities, expert or member of the regulatory Advisory Committee or of the Energy Advisory Board, may reveal official, business or trade secrets, which in this property entrusted to him or have become available, during the proceedings, nor after its completion or exploit.

Obligation to pass tax cuts

§ 157 are in the prices of goods or services included taxes, duties or customs amounts wholly or partially, so are the prices in order to reduce these amounts.

Automation-supported data traffic

158. (1) personal data that are necessary for the conduct of procedures under this Federal Act which requires authority in fulfilling its supervisory activities or exercised the authority pursuant to section 10 or § 121 paragraph 6 noted, may in accordance with the provisions of the data protection act to determine automatically and processed.

(2) the Federal Minister of economy, family and youth, as well as the regulatory authority are authorized, processed data in the framework of proceedings, that this federal law are regulated, to submit to



1. the parties to this process;

2. experts who are invited to attend the proceedings.

3. the members of the regulatory and Energy Advisory Board;

4. requested or delegated authorities (§ 55 AVG);

5. the authority responsible for the gas regulatory approval procedure, insofar as these data within the framework of this procedure are required.

(3) the authorities are empowered to provide processed information the institutions of the European Union, insofar as any such obligation for providing this data on the basis of the Treaty on European Union, or on the basis of acts of the European Union.

17 part

Penalties and fines

1. main piece

Administrative offences

General penalty provisions

159. (1) unless the fact ff is not the offence of a criminal offence falling within the jurisdiction of the courts or a fine offense referred to in §§ 164 or threatened after other administrative penal provisions more stringent punishment, commits an administrative offence and is fined to punish with up to EUR 50 000, who



1 in § 106 section 2 Z 4 set not obligations;

2. the in section 107 subsection 2 Z 4 set not obligations 3. the in section 111, subsection 2, Z does not fulfil 3 fixed obligations;

4. the in article 116, paragraph 1 laid down no obligations;

5. causes the exchange period fixed in article 123, paragraph 1 is not respected.

(2) if the Act is not the offence of a criminal offence falling within the jurisdiction of the courts or a fine offense or is under threat after another administrative penal provisions more stringent punishment, commits an administrative offence and is fined to punish with up to 75 000 euro, who



1 in article 8, paragraph 1, 2 or 3, or article 9 established obligations does not fulfil;

2. his information and granting inspection according to § 10 obligation to comply;

3. his duties as market area manager fails to comply in accordance with section 14 to section 16, article 19 or article 63;

4. his duties as distribution area manager fails to comply in accordance with article 18 and article 23, section 25 or section 26;

5. his duties as operator fails to comply in accordance with article 23, § 28 and § 29, § 32, § 34 to § 37, § 43, § 47, § 60 para 5, § 62 to § 65 or section 67;

6. his commitment to appoint a technical undertaking in accordance with article 45, paragraph 1 or paragraph 6 or a Managing Director in accordance with article 44, paragraph 1 No. 4 lit. paragraph 1 does not comply with (b) in conjunction with § 46;

7. his obligation to the declaration pursuant to § 45 ABS. 5 or 6, § 46 para 2, § 51 para 1, § 121 or section 139, paragraph 1 or 3 fails.

8. his general port duty pursuant to section 59 does not comply;

9. his responsibilities as does not comply with the balance Group Coordinator in accordance with section 87;

10. his obligation as serving does not fulfil in accordance with section 91;

11. his duties as a storage company in accordance with section 97 or section 100, until does not comply with § 105;

12.

his obligation as a natural gas trader or provider in accordance with § 121 or § 125 does not meet;

13 paragraph 3 does not meet. his obligation to the transmission of data in accordance with section 123;

14. his obligation to provide uniform charges pursuant to § 124 not to comply;

15. his obligation pursuant to section 126 does not comply;

16. his obligations pursuant to § 127 no;

17 paragraph 1 does not comply with its obligations pursuant to section 128;

18 intelligent instruments used, which do not comply with the regulation in accordance with section 128, paragraph 2, established standards;

19. his obligations in accordance with article 129, paragraph 1, 2 or 3 does not fulfil;

20. his obligation pursuant to section 133 does not comply;

21. his obligation which pursuant to section 131, paragraph 2 and 3 adopted regulation does not meet;

22 the on the basis of a regulation which section 30 or section 41 does not meet regulatory authority in accordance with aforesaid regulations;

23 due to a regulation of the Federal Minister of economy, family and youth pursuant to § 134 para 3 certain conditions not meets the;

24. his obligation as a balance group coordinator does not comply with the filing of General conditions in accordance with article 88, paragraph 1;

25. his commitment to the monitoring pursuant to § 140 not comply;

26 paragraph 4 does not meet his obligations pursuant to § 141;

27. the on the basis of a regulation in accordance with § 147 ABS. 2 arranged statistical surveys does not fulfil;

28. his obligation to provide information in accordance with § 156 not to comply;

29. the decisions adopted on the basis of this Federal Act as well as the conditions, limits and conditions does not conform to.

30 on the basis of section 24 para 2 and § 12 of the E-ControlG for the scope of this federal law adopted decisions or the conditions, limitations and requirements not meets the;

31. the provisions of Regulation (EC) No. 715/2009 and Regulation (EC) No. 713/2009 or the guidelines adopted on the basis of these regulations does not meet;

32. decisions, based on Regulation (EC) No. 713/2009 or the-based guidelines no. 715/2009 or regulation (EC), does not meet;

33. provisions of the guidelines adopted on the basis of the directive 2009/73/EC does not meet;

34. decisions, based on guidelines, which were issued 2009/73/EC on the basis of the directive, does not comply with.

(3) if the Act is not the offence of a criminal offence falling within the jurisdiction of the courts or a fine offense or is under threat after another administrative penal provisions more stringent punishment, commits an administrative offence and is fined to punish with up to 100 000 euro, who



1 contrary to section 11, section 69, paragraph 3, article 123 para. 3, article 129, paragraph 1 or § 156 para 4 data illegally revealed;

Z 4 not obligations 2. set for distribution system operators in section 106, with the exception of section 106, paragraph 2;

3. the obligations laid down for storage company in section 107, with the exception of section 107, paragraph 2 No. 4, does not fulfil;

4. the for ownership unbundled transmission system operators in § 108 set not obligations;

5 for independent system operator and transmission system owners in section 109 to § 111 laid down obligations, with the exception of § 111 paragraph 2 No. 3, does not fulfil;

6 for independent transmission system operators in § 112 up to section 116 laid down obligations, with the exception of article 116 paragraph 1, does not fulfil;

7. the in § 117 set not obligations;

8. the in the notice of determination after 119 § or § 120 conditions laid does not meet;

9. the in article 119, paragraph 2 or article 119 para 6 laid down obligations does not comply with.

Withholding of tax cuts

section 160. Who contravenes section 157 or who although prices lowers the section 157 According to, the impact of the reduction of taxes, levies, or duties, but it bypasses that he, with corresponding cost increases is not caused, makes totally or partly ineffective lowering the mentioned duties through a price increase, commits an administrative offence and is to punish up to 50 000 euro fine.

Konsensloser operation

section 161. Commits an administrative offence and is fined to punish with up to 150 000 euro, who



1 exercise the activity of a natural gas company without authorization in accordance with article 43, paragraph 1, 2. building a candidate natural gas line facility without permission, a natural gas line facility without permission extends or significantly modifies or operates a plant, the approval was reserved for their operation, no operating licence or 3 makes no application for certification under section 119 subsection 2 Z 1 or § 120 as a transmission system operator or after the final rejection of such application for certification results in the operation of the transmission system without certification.

Price gouging

§ 162. (1) unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts or is threatened after other administrative penal provisions more stringent punishment, commits an administrative offence, who characterized a higher price than the one by the regulator under this Federal Act certain maximum or fixed price or a lower price than the minimum specified by the regulatory authority under this federal law or fixed price for a network service , demands, accepts or promise can be, and can be punished up to 100 000 euro fine.

(2) the unauthorized surplus is to explain revoked.

Statute of limitations

§ 163. The Statute of limitations (§ 31 para 2 VStG) for administrative offences pursuant to § 159 to § 162 is one year.

2. main piece

Fines

Discrimination and other fine facts

164. (1) on application of the regulatory authority has the cartel court decision in the proceedings except disputes fines up to a maximum of 10% of the in the preceded fiscal year of achieved annual sales of network operators to impose storage company and the operator of the virtual trading point, discriminated against the network operator, the memory company or the operator of virtual trading point intentionally or through gross negligence in accordance with § 9.

(2) on application of the regulatory authority has the cartel court decision in the proceedings except disputes fines up to a maximum of 5% of the in the preceded fiscal year achieved annual sales of network operators, to impose storage company and the operator of the virtual trading point, if he or it



1 obstructed. the compliance officer in the performance of his duties;

2. the Terminal, citing possible future constraint which rejects available network capacity and this rejection is not the actual conditions;

3. his him by Regulation (EC) No. 715 / 2009 imposed obligations for the provision of information or its reporting obligations does not meet;

4. the basic Regulation (EC) no corresponding to no. 715 / 2009 adopted decisions of the regulatory authority;

5. his obligations on a background which does not meet in the annex of to Regulation (EC) No. 715 / 2009 contained guidelines.

(3) the regulatory authority has party position in proceedings referred to in paragraphs 1 and 2.

Participating companies and succession

165. (1) not only the network operator, the storage company or the owner of the virtual trading point commits the fine offense of § 164 para 1 and 2, but also every company that determines the operator or the company to execute or otherwise contributes to the execution.

(2) with regard to the succession, article 10 applies Association responsibility Act, Federal Law Gazette I no. 151/2005, mutatis mutandis.

Design

166. (1) it is a network operator, a storage company or the owner of the virtual trading point, who or which is part of a vertically integrated natural gas company, is to calculate the amount of the fine of the annual turnover of the vertically integrated natural gas undertaking.

(2) in determining the amount of the fine is especially on the gravity and the duration of the infringement, on the enrichment obtained through the violation of rights, on the degree of culpability and the economic performance of, as well as on the participation in the enlightenment of the infringement to be taken into account.

Statute of limitations

section 167. A fine may be imposed only if the request within five years from the termination of the infringement.

3. main piece

Court criminal offences

Unlawful disclosure or use of data

168. (1) suitable who contrary to section 11, section 69, paragraph 3, article 123, para. 3, article 129, paragraph 1 or § 156 para 4 illegally disclosed data or recycled, whose revelation or exploitation, to violate a legitimate interest of the person concerned, is to be punished up to one year by the Court to imprisonment.

(2) the general public in the main proceedings is to exclude on its own initiative or at the request of, if this is necessary in the interests of the parties to the proceedings or the proceedings of people not involved.

18 part

Invalidation -, transitional and final provisions

Entry into force


169. (1) this federal law occurs, para 2 Save as otherwise provided, with the day following the by-laws in force. At the same time the Federal law with the new regulations in the sphere of the natural gas industry be adopted (gas Act - MLA), Federal Law Gazette I no. 121/2000, as amended by Federal Law Gazette II No. 479/2009, override.

(2) section 120 shall enter into force 3 March 2013.

Transitional provisions

170. (1) the restructuring carried out in connection with the unbundling of any restructuring carried out by by way of universal succession; This applies in particular to contributions. To formation operations are exempt from all deadline regulated taxes, duties and fees that are connected with the establishment or a transfer of assets. This exemption shall apply also to legal relationships established on the occasion of restructuring, in particular leases, easements, as well as loan and credit agreements. To Foundation operations are considered non-taxable sales within the meaning of the UStG 1994, BGBl. No. 663/1994, as amended; the transferee occurs immediately in the right position of the transferor for the scope of the sales tax. In addition the provisions of to tax Foundation, Federal Law Gazette No. 699/1991, as amended subject to the proviso that the Foundation to tax law also apply is if there is no partial operation in the sense of the Foundation to tax law.

(2) transmission system operators shall have to comply with the provisions of section 108 to § 119 until March 3, 2012.

(3) network users who have joined so far any balance group are required no later than September 10, 2012 a balance group to join or start an own balance sheet group.

(4) on the basis of the MLA, BGBl. No. 121/2000, before entry into force of this Federal Act until regulations adopted pursuant I the revision of relevant subjects by regulations under this Federal Act in force.

(5) system usage fees ff can be implemented at the earliest 1 January 2013 pursuant to §§ 69 with effectiveness. Pre-trial ff can be initiated in accordance with §§ 69 as of entry into force of this federal law. The determination of system usage charges before January 1, 2013 in accordance with article 12f, § 23 and § 23 b, 23d § and § 31 h paragraph 5 GWG, Federal Law Gazette I no. 121/2000, as amended by Federal Law Gazette I no. 45/2009, by the regulatory Commission for referral of the regulatory Advisory Committee in accordance with article 19 E ControlG. § 70 para. 2 is first set in this procedure to apply. The determination of charges for cross-border shipments before January 1, 2013 in accordance with § 31h para 1 to para 4 GWG, Federal Law Gazette I no. 121/2000, as amended by Federal Law Gazette I no. 45/2009, with the proviso that takes the place of the Energy Control Commission the regulatory authority.

(6) private agreements that govern the transport of natural gas, remain unaffected by the provisions of this federal law, with the proviso that



1. the booked capacity at the same level shall be replaced separate capacity bookings to the on and off dining points;

2. the Web user, once published tariffs pursuant to article 82, the corresponding input and off dining fees payable has; and 3 the transmission of system network user to give has the ability of to trade at the virtual trading point, and basically on a guaranteed basis; If this is technically not possible, on an interruptible basis.

The change according to Z 1 to 3 will take place in relation to contracts that are kept at the time of entry into force of this law by the OMV gas GmbH in favour of AGGM Austrian gas grid Management AG, October 1, 2012. The distribution area manager in all rights and obligations of OMV gas GmbH in connection with the off dining capacity on the network coupling points of the pipeline with the distribution system occurs at this time. The change according to Z 1 to 3 also takes place also in relation to contracts relating to cross-border transport as of October 1, 2012. At the request of the system operator, this period may be extended by decision of the regulatory authority, if otherwise negative impact on the overall financing of the operation of the transmission network and thus on the security of supply are to be expected. The applicability of section 38 depends on the time of the conversion. The amendment of existing agreements on access network in the transmission system are not eligible for the termination or partial termination of such contracts.

(7) the single dining capacity booked by OMV gas GmbH for the end customer care on the market area border, are to transfer to the same extent in the ways of the balance the suppliers where this capacity is assigned to with effect January 1, 2013. This is to ensure that all suppliers can continue to meet its contractual obligations in full.

(8) licences of the balance group coordinators on the basis of §§ 33 ff MLA, Federal Law Gazette I no. 121/2000, in concessions in accordance with § 85 for the territory of the distribution system skip.

(9) storage companies are entitled to charge the costs for system usage fees in accordance with § 73 para 5 and section 74 paragraph 2 to store users. Producers are entitled to charge the additional costs for system usage fees in accordance with article 73, paragraph 6 and section 74 paragraph 3 to their customers. The amendment of existing agreements are not eligible for the termination or partial termination of such contracts.

(10) provider may continue to charge the transmission fees borne by them for the supply in the market area in accordance with section 74 and you further charged them costs referred to in paragraph 9 to its customers without dismissal. Against related contractual agreements are invalid.

(11) market area manager, distribution area manager, balance group coordinators, operator of conduct, the operators of virtual trading point and storage company have that legal, organisational and technical measures which are required to provide all network users network access according to the provisions of this Act, to meet, in a timely manner so that this is possible at the latest on 1 January 2013.

(12) the coordinated network development plan referred to in section 63 is to submit for the first time twelve months after entry into force of this Federal Act for approval.

(13) operators, the at the time of entry into force of this federal law holder of a permit pursuant to section 13 or section 76 para 1 I no. 121/2000, are MLA, BGBl., need to exercise their activity as network operators of any new approval pursuant to § 43. Their rights and obligations are determined solely according to the provisions of this Federal Act.

(14) existing authorisations and permits for the construction or operation of natural gas transmission facilities pursuant to article 76, paragraph 3 I no. 121/2000 are considered MLA, BGBl. approvals according to this Federal Act. The provisions of this federal law are to apply this natural gas transmission facilities, as far as they are subject to the Federal law.

(15) on matters of administrative offences, which were committed before the entry into force of this federal law, the provisions of the GWG, BGBl. find remains I no. 121/2000, in the version applicable at the time of committing the Act application.

(16) for distribution system operators, whose Netz has confessed on September 3, 2009, in the ownership of a vertically integrated natural gas undertaking, and that the properties of section 7, paragraph 1 Z 20 meet at a later date, is the possibility of ownership unbundling to section 108 do not and instead the §§ 109 ff, §§ 112 ff or § 117 apply. section 119 shall apply mutatis mutandis. The deadline of article 114, paragraph 1 is no. 2 at companies that meet the properties of § 7 para 1 Z 20 at a later time, only for orders from people of management to the application, which take place after the certification of the transmission system operator.

(17) they agreed network expansion contracts prior to entry into force of this law on the basis of approved long-term plans between operators and control area manager or the capacity enlargement agreements agreed between network operators and customers or control area manager and customers keep up to their performance in full effect. Changes made by this Act shall entitle not to withdraw from the contract or to the resolution of the respective treaties. Case, that the regulator makes use of its powers pursuant to § 23 para 5 and intervened in existing network expansion contracts, are to cover the costs incurred on the basis of the existing treaties by the system usage fees.

(18) while not naming the distribution area manager pursuant to § 17 para 1 has occurred, the function of the distribution area manager is by that company to perceive, that was named for the entry into force of this federal law for the control area corresponding to the respective market area as a control area manager.

(19) as long as no naming of market area manager in accordance with article 13, paragraph 1 is made, the function of the market area manager of OMV gas GmbH is to perceive.


(20) the apprentices of a transmission company, who have started their training in a training workshop of the vertically integrated company prior to entry into force of this law, are entitled to finish their education in this training workshop.

(21) transport right holders in accordance with § 6 Z 20 MLA, Federal Law Gazette I no 121/2000, as amended by Federal Law Gazette I no. 45/2009, apply Z 20 mutatis mutandis as transmission system operators pursuant to § 7 paragraph 1 and subject to the provisions of this Federal Act provided for transmission system operators.

(22) distribution area manager can maintain the legal form of existing at the entry into force of this federal law. Distribution area manager, which already comply with the entry into force of this Federal Act, section 20, paragraph 2, may choose any other legal form.

(23) storage facilities within the meaning of section 146, whose construction at the time of entry into force of this federal act legally approved or granted are, considered to be approved within the meaning of this Federal Act. The provisions of section 146 shall apply to these storage facilities.

(24) commercial hub services and the associated trade transactions based on the 1.1.2013 existing contracts are to be transferred to the virtual trading point as the place of performance in the relevant market area and according to the operator of the virtual trading point to nominate.

Enforcement

section 171. Involved with the execution of this federal law:



1. with regard to section 8 and section 48 to § 51 of the Federal Minister of Justice in consultation with the Federal Minister of economy, family and youth;

2. with regard to section 132 and section 164 to § 168 of the Federal Minister for Justice;

3. in terms of section 133 of the Federal Ministry of economy, family and youth in agreement with the Federal Minister of agriculture and forestry, environment and water management;

4. with regard to 170 par. 1 of the Federal Minister of finance;

5. in the rest of the Federal Ministry of economy, family and youth.



Appendix 1

(to section 84)

Distribution management systems of the network level 1



1. the EVN-West, continuing up to the stores of Thann and Puchkirchen;

2. the EVN-South, continued until day Weitendorf;

3. the Pyhrnleitung, continued in the provincial network up to the pipe named under no. 2;

4. the line between Reitsham and the connection line of the store Puchkirchen;

5. the line between WAG Rainbach and the connection line of the memory of Thann and Puchkirchen;

6. the interconnector Reichersdorf EGGEN village;

7. the line EGO between Eggendorf and Lichtenwörth;

8. the management of East;

9. the branch line Southeast;

10. the spur Hornstein;

11. the branch line between Eggendorf OMV and WR. Neustadt node;

12. the line North between OMV LAA/Thaya about the transfer system LAA/Thaya West and LAA/border;

13. the cable between the WAG junction station Bad Leonfelden and Linz.

14. the primary distribution system 2 (PVS 2), ds. the systems for distribution of the primary distribution system;

15. the junction stations of OMV gas GmbH on day and WAG;

16. the interconnector between WAG junction station Kirchberg and EVN West Unit 2

(to section 84)

Transmission systems



1. the Trans-Austria - Gasleitung (TAG);

2. the West-Austria - Gasleitung (WAG);

3. the primary distribution system 1 (PVS 1);

4. the Hungaria-Austria line (HAG);

5. the South-East line (SOL);

6. the Penta West;

7. the Kittsee - Petrzalka gas pipeline (KIP).

The PVS 1 includes those pipe parts within the meaning of article 7, paragraph 1 Z 15 of OMV gas GmbH, which connect to the Slovak network or the natural gas systems in the station Baumgarten are linked, to ensure a coherent entry/exit zone in the market area, if they not the day or WAG are associated.

Appendix 3

(to section 84)



1. WIEN ENERGIE Gasnetz 2nd EVN Netz GmbH of 3. OÖ. 4. gas network GmbH Salzburg Netz GmbH 5. TIGAS gas Tirol GmbH 6 VEG Vorarlberger Erdgas GmbH 7 BEGAS Netz GmbH 8 gas power Styria GmbH 9 KELAG Netz GmbH 10 Stadtwerke Bregenz GmbH 11 LINZ GAS network GmbH 12 elektrizitätswerke WELS AG 13 Stadtwerke Steyr, gasworks 14 Energie Ried GmbH 15 energy Graz GmbH & Co KG 16 Stadtwerke Leoben 17 Stadtwerke Kapfenberg GmbH 18 energy Klagenfurt GmbH 19 EVA gas supply Außerfern GmbH & Co KG 20 municipality Veitsch - gas mains Veitsch 21 OMV gas 22 Tauern gas cable GmbH GmbH article 2