251. Regulation of the Federal Minister of economy, family and youth, with the raw material surcharges for plants on the basis of biogas for the calendar year be 2010 (raw material surcharge regulation 2010)
Due to § 11a paragraph 6 of the green electricity Act (ÖSG), Federal Law Gazette I no 149/2002, as last amended by Federal Law Gazette I no. 104/2009, is prescribed:
§ 1. For calendar year 2010 is in accordance with the § 11a paragraph 6 to 9 ÖSG, for facilities that generate electrical energy on the basis of biogas from renewable raw materials and on October 19, 2009, a contract for the purchase of green power by the eco power clearing agency at the prices are determined by regulation in accordance with article 11, paragraph 1 has passed, in addition to the regulation in accordance with § 11 ÖSG specific prices granted to a raw material surcharge of 2 cents / kWh.
Applications for payment of the surcharges are section 2 (1) be submitted three months after the entry into force of the regulation, the eco power settlement agency.
(2) operators of eco-electricity plants based on biogas have to submit a commodity balance ÖSG with the application in accordance with paragraph 1 of the eco power settlement agency pursuant to § 11a paragraph 8 in conjunction with § 3.
§ 3. on the occasion of the withdrawal of the raw material surcharges in accordance with § 11a paragraph 7 ÖSG has the eco power clearing agency the plant operators pursuant to § 11a paragraph 9 ÖSG to point out, that economically effective decline in commodity prices, the facts of the excess supply is met and an aliquot of the received raw material surcharge will be recovered.