310. Regulation of E-control over the rules to the current labelling and to the designation of origin for primary energy sources (electricity labelling regulation)
On the basis of § 79 para 11 of Elektrizitätswirtschafts and Organization Act 2010 (ElWOG 2010), Federal Law Gazette I no. 110/2010, is prescribed:
§ 1. The regulation has the scope and the design in accordance with section 78 para 1 and 2 ElWOG 2010 for electricity traders mandatory electricity labelling which includes the designation of origin, as well as the environmental impact, as well as the specifications for the design of the certificates for the different primary energy sources on the subject.
§ 2. The purpose of this Regulation:
"Electricity traders" electricity traders and other suppliers, supplying final consumers in Austria and to the current labelling undertaken para 1 and 2 ElWOG pursuant to § 78 2010 are 1.
2. "wise up" all the evidence in accordance with § 79 paragraph 7 ElWOG 2010 and according to the execution regulations of countries to § § 2010 issued 72 and 73 ElWOG or recognized were.
Design of electricity labelling
§ 3 (1) has the appearance of the current labelling clearly legible to be in clear and understandable form.
(2) the designation of the origin of the current as well as the environmental impact of electricity must be in tabular form. The designation of origin of electricity has to be carried out in an easily comprehensible and not misleading graph on the electricity bill (annual billing).
(3) which has a font size that is used for all information in the section 'Current label' agree with which of the main text of your electricity bill (annual billing) or advertising material (labelling) to vote.
(4) the underlying the current marking period is to put at the beginning of the representation of the current marking.
(5) this Regulation as well as § 78 para 1 and 2 ElWOG 2010 are as lead legal basis for the expulsion of the current marking.
(6) the term "Electricity labelling" is to use uniform at the expulsion of the current marking.
(7) representations that differ from the provisions of this regulation, may not be led under the name "Power marking". In the order of the representations of any of the statutory obligation to the current labelling not included information anyway, after the mandatory section "Power marking" must be made. In addition, there must be no confusing with the current labelling within the meaning of this regulation by the name or type of the representation.
(8) the current marking in an annex to the electricity bill (annual billing) is carried out, must be referenced on this anyway, in a corresponding indication, that the current marking is in the annex.
Expulsion of the Versorgermixes
4. (1) the designation of origin in accordance with article 79, paragraph 1 ElWOG 2010 is in the form of a moderate percentage breakdown of primary energy sources in solid or liquid biomass, biogas, landfill and sewage gas, geothermal energy, wind and solar energy, hydropower, natural gas, petroleum and its products, coal to be, nuclear energy, as well as other.
(2) in the expulsion of the Versorgermixes shares from various renewable energy sources, which are each less than a percent, are to summarize "other green energy" under an item with the name.
(3) no proof can be provided for a portion or the totality of the Versorgermixes, is to treat this portion or the entire provider mix as"unknown origin". Power, whose Herkunft is known, may not either be designated as power of unknown origin.
(4) for power of unknown origin, a separate collection of the current composition is to perform. These must follow 2010 ElWOG pursuant to article 79, paragraph 3 on the basis of the current Europe-wide total application ENTSO (current) minus their application on renewable energy sources. This separate collection has included a note that it is a mathematical mapping. This note must contain the current composition by ENTSO (current).
(5) when specifying the share of fossil fuels, nuclear energy and other primary energy sources on the ENTSO (current) mix underlying period is to turn off the current labelling. For this, always the last available year values by ENTSO (current) are to be used.
(6) is used the term "ENTSO (power)", it is conclusively immediately upon the identification of the ENTSO (current)-to explain mixes.
(7) the percentage distribution of the countries of origin of the evidence must be stated in the section 'Current label'.
(8) the following additional information can be listed in the section "Power marking":
1. details, how much percent of electricity together with the associated evidence were purchased
2. information that the electricity traders maintains exclusively supply contracts with electricity producers or traders who generate only electricity from a renewable source and deal exclusively with this.
(9) the contractual relations which underlie the specifications of paragraphs 7 and 8, must be disclosed to E-control for the purposes of the verification prompt.
(10) for the additional information provided by electricity traders in accordance with paragraphs 7 and 8 in their current labeling, documentation and assessment in accordance with § 79 para 5 and 6 2010 by analogy must be made ElWOG.
Expulsion of the environmental
5. (1) the identification of the environmental impacts of electricity pursuant to § 78 para 2 2010 must be made ElWOG. Information shall be given in grams per kWh (el) (g/kWh) to CO2 emissions. Radioactive waste has to be out in milligrams per kWh (el) (mg/kWh).
(2) in the event that power station-specific values are the electricity traders, which have been confirmed by one after the accreditation Act for relevant disciplines of approved monitoring, testing or certification authority, these are for the identification of the environmental effects to use. section 3 of the Act of accreditation shall apply mutatis mutandis. The data sources of such power plant-specific values are to lead.
(3) If no plant-specific data are available, the average figures published by E-control should be used.
(4) electricity traders, whose catering mix 100% from renewable energy sources is, instead of joining the null values for CO2 emissions and radioactive waste, explain that in the production of the present Versorgermixes not CO2 emissions or radioactive waste incurred in one sentence.
(5) the designation of the environmental impact has to be carried out under the designation of Versorgermixes or directly related to the mix of providers.
Recognition of guarantees of origin for electricity produced from non-Austrian production
6. (1) origin are applicable for the current identification in Austria, for electricity from renewable energy sources from plants located in an EEA State or a third country provided that they comply with at least the requirements laid down in article 15 of Directive 2009/28/EC.
(2) on guarantees of origin for electricity produced from high-efficiency cogeneration from plants located in an EEA State, the provisions of land execution laws to § 73 are 2010 mutatis mutandis apply ElWOG.
(3) in addition, a recognition of guarantees of origin for electricity labeling in Austria is only possible if in the country in which the proof of origin in accordance with article 15 of Directive 2009/28/EC issued, there is a current labelling system, which ensures that same unit only once considered by energy from renewable energy sources.
Validity of evidence
7. (1) will be determined by the competent authority, this detection of E-control for the current marking in accordance with §§ 78 is that a proof is not the federal or State regulations or the provisions of this regulation, and 2010 recognized 79 ElWOG.
(2) proof must be used at the latest in the calendar year following the production of the respective unit of energy.
§ 8 (1) to the transparent electronic processing operates the E-control a proof of origin register database, which to use transfer and cancellation of certificates to use for the current marking is for the exhibition.
(2) evidence of electricity was generated in this quarter to associate are the quantities delivered to the final consumer in a quarter.
(3) the auditor or the Court certified expert, the documentation referred to in section 79 ABS 6 ElWOG 2010 checks is to give insight into the accounts of the respective electricity traders in the register database of E-control for the purposes of traceability of the affected documents.
Entry into force and transitional provisions
Entry into force
§ 9 (1) this regulation with the day following the proclamation into force, paragraph 2 unless otherwise permitted.
(2) the provisions of § 3 and § 5 appear in force on January 1, 2012.
§ 10. An annual accounting period may be applied for contracts concluded evidence already before entry into force of this regulation to the acquisition of evidence for the validity period of the contracts, up to a maximum until December 31, 2014, as well as for the volume of evidence covered by the treaties, by way of derogation from the quarterly accounting period pursuant to § 8 para 2.