Current Labeling Regulations

Original Language Title: Stromkennzeichnungsverordnung

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310. Regulation of the E-Control on the regulations concerning electricity labelling and the designation of origin by primary energy sources (Electricity labelling regulation)

Pursuant to Section 79 (11) of the Electricity Economic and Organization Act 2010 (ElWOG 2010), Federal Law Gazette (BGBl). I No 110/2010, shall be arranged:

Section 1

General

Subject-matter

§ 1. The Regulation has the scope and the design of the mandatory electricity labelling system for electricity traders pursuant to Section 78 (1) and (2) of the ElWOG 2010, which includes the designation of origin and environmental impact, as well as the requirements for the Design of the evidence on the various primary energy sources.

Definitions

§ 2. For the purposes of this Regulation:

1.

"Electricity dealers" Electricity dealers and other suppliers who supply end consumers in Austria and are obliged to label electricity in accordance with Section 78 (1) and (2) of the ElWOG 2010.

2.

"Proof of proof" of all documents issued or recognized pursuant to § 79 (7) ElWOG 2010 as well as in accordance with the implementing regulations of the Länder to § § 72 and 73 ElWOG 2010.

Section 2

Design of electricity labelling

Presentation Form

§ 3. (1) The presentation of electricity labelling shall be clearly legible, in a clear and comprehensible form.

(2) The designation of the origin of the electricity as well as the environmental impact of electricity production shall be made in tabular form. On the electricity bill (annual accounts), the designation of the origin of the electricity must also take the form of an easily understood and non-misleading diagram.

(3) The font size used for all the information in the section "Electricity labelling" has to do with that of the main text of the electricity bill (annual accounts), or of the advertising material (subject to labelling).

(4) The period on which the electricity marking is based shall be placed at the beginning of the presentation of the electricity marking.

(5) This Regulation, as well as Section 78 (1) and (2) of the ElWOG 2010, shall be used as the legal basis for the designation of the electricity marking.

(6) The term "electricity labelling" shall be used in a uniform manner in the case of the designation of electricity labelling.

(7) Representations that deviate from the provisions of this Regulation may not be referred to as "electricity labelling". In the order of the presentations, any information which might not be covered by the statutory obligation to sign electricity should, in any case, be made in accordance with the mandatory section on "Electricity labelling". In addition, the designation or the nature of the presentation must not allow any confusion with the electricity labelling within the meaning of this Regulation.

(8) If the electricity marking is set out in an annex to the electricity bill (annual accounts), it must be pointed out, in any case, in a corresponding indication that the electricity marking is in the Annex.

Expulsion of the caretaker

§ 4. (1) The designation of origin in accordance with Section 79 (1) of the ElWOG 2010 shall be in the form of a percentage breakdown of the primary energy carriers into solid or liquid biomass, biogas, landfill and sewage gas, geothermal energy, wind and solar energy, Hydropower, natural gas, oil and its products, coal, nuclear energy and others.

(2) In the expulsion of the supplier mix, shares of different renewable energy sources, each of which is less than one per cent, are to be combined under a heading with the name "other green energy".

(3) Where no proof can be provided for a share or the whole of the supply mix, this proportion is/are not available. to treat the entire supply mix as "electricity of unknown origin". Electricity, which is known to be of origin, must not be designated as a stream of unknown origin.

(4) A separate listing of the current composition shall be made for the current of unknown origin. According to Article 79 (3) of the ElWOG 2010, this must be carried out on the basis of the current pan-European application to ENTSO (electricity) less the application of these on the basis of renewable energy sources. This separate listing shall contain a reference to the fact that this is a computational assignment. This note should contain the current composition according to ENTSO (current).

(5) If the shares of fossil fuels, nuclear energy and other primary energy sources are specified in the ENTSO (Electricity) mix, the period underlying the electricity labelling shall be put to an end. For this purpose, the last available annual values of ENTSO (electricity) must always be used.

(6) Where the term "ENTSO (electricity)" is used, it shall be explained in a conclusive manner immediately upon the identification of the ENTSO (electricity) mix.

(7) The percentage distribution of the proofs of origin must be given in the section on "Electricity labelling".

(8) The following additional information may be given in the section entitled "Electricity labelling":

1.

information on how many percent of electrical energy has been acquired together with the corresponding references;

2.

Information that the electricity trader exclusively has supply contracts with electricity producers or distributors, who exclusively generate electricity from renewable sources and act exclusively with them.

(9) The contractual relations underlying the information provided for in paragraphs 7 and 8 shall be disclosed to E-Control for the purpose of verification of the request.

(10) For the additional information provided by electricity traders pursuant to paragraphs 7 and 8 in their electricity labelling, the documentation and verification pursuant to § 79 (5) and (6) ElWOG 2010 shall be carried out in accordance with the relevant provisions.

Expulsion of the environmental impact

§ 5. (1) The expulsion of the environmental effects of electricity production must be carried out in accordance with Section 78 (2) ElWOG 2010. Data on CO2 emissions must be made in grams per kWh (el) (g/kWh). Radioactive waste is to be shown in milligrams per kWh (el) (mg/kWh).

(2) In the event that the electricity dealer has power plant-specific values, which have been confirmed by a monitoring, testing or certification body approved in accordance with the Accreditation Act for relevant subject areas, these are for the To use the environmental impact assessment. § 3 of the Accreditation Act applies accordingly. The data sources of such power-plant-specific values shall be shown.

(3) In the absence of any power-specific data, the average values published by the E-Control shall be used.

(4) Electricity dealers whose supply mix consists of 100% renewable energy sources may, instead of the zero values for CO2 emissions and radioactive waste, be able to explain in a sentence that the production of the existing supply mix neither CO2 emissions nor radioactive waste are produced.

(5) The expulsion of the environmental impact shall be subject to the expulsion of the caretaker mix or is directly related to the supply mix.

Section 3

Evidence

Recognition of guarantees of origin for electricity from non-Austrian production

§ 6. (1) Proof of origin of electricity produced from renewable energy sources from installations with a location in an EEA Contracting State or in a third country shall be applicable to electricity labelling in Austria, provided that it at least meets the requirements of Article 15 of Directive 2009 /28/EC.

(2) On guarantees of origin for electricity from highly efficient combined heat and power generation from plants with a location in an EEA Contracting State, the provisions of the Land implementing laws to § 73 ElWOG 2010 shall apply in accordance with the relevant provisions.

(3) In addition, recognition of guarantees of origin for electricity labelling in Austria is only possible if a country where the guarantees of origin have been issued in accordance with Article 15 of Directive 2009 /28/EC have been granted a certificate of origin in Austria. Electricity labelling system, which ensures that the same unit of energy from renewable energy sources is only considered one time.

Validity of evidence

§ 7. (1) If it is established by the competent authority that proof does not comply with the national or national legal requirements or the provisions of this Regulation, this proof of E-Control shall not be used for the electricity marking according to § § § § § § § § § § § § § § § § § § § § § 78 and 79 ElWOG 2010.

(2) The following calendar year shall be used at the latest in the calendar year following the production of the corresponding energy unit.

Registry database

§ 8. (1) For transparent electronic processing, the E-Control operates a certificate of origin register database which is to be used for the exhibition, transmission and devaluation of the evidence for use for the electricity marking.

(2) The quantities delivered to the final consumer in one quarter shall be allocated for electricity produced in this quarter.

(3) The auditor or the court-certified expert who reviews the documentation in accordance with § 79 Abs 6 ElWOG 2010 shall, for the purpose of enforceability of the devalued evidence, be given an insight into the accounts of the respective experts. To grant electricity traders in the register database of E-Control.

Section 4

Entry into force and transitional provision

entry into force

§ 9. (1) This Regulation shall enter into force with the date following the presentation, unless otherwise specified in paragraph 2.

(2) The provisions of § 3 bis § 5 shall take place on the 1. Jänner 2012 in force.

Transitional provision

§ 10. In the case of contracts for the acquisition of proof already concluded before the entry into force of this Regulation, contracts may be acquired for the period of validity of the contracts, but not more than 31 December 2014, and for the volume of contracts concluded by the Treaties , by way of derogation from the quarterly accounting period in accordance with Article 8 (2), an annual accounting period shall be applied.

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