Eco-Electricity Act, 2012 - Ösg 2012

Original Language Title: Ökostromgesetz 2012 – ÖSG 2012

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75. Federal Act on the promotion of electricity produced from renewable energy (green electricity Act 2012 - ÖSG 2012)

The National Council has decided:

Table of contents


1 part general provisions § 1 constitutional provision § 2. scope section 3 implementation of Union law § 4. objectives § 5. definitions 2. part systems § 6 power plants § 7 recognition of plants § 8 obligations of applicants and operators § 9 content of recognition decisions § 10 proofs of origin for RES § 11 recognition of certificates of origin for green electricity from other States 3. part operating grants 1 section General Contracting requirement section 12 Contracting obligation to feed-in tariffs section 13 contracting obligation to market price § 14. Special provisions on the duty of contracting § 15 application and conclusion of the contract § 16 duration of compulsory of contracting 2. section special contracting obligation § 17 follow-up tariffs for commodity-based eco-electricity plants 3. feed-in tariffs section § 18 General provisions on feed-in tariffs § 19 authority to issue regulations § 20 criteria for the calculation of feed-in tariffs 4 section supplements to feed-in tariffs § 21 technology and cogeneration bonus § 22 operating costs surcharge 5. section support volume § 23 support volume 4. part promotions for the establishment or revitalization of facilities 1 section investment grants § 24 General provisions § 25 investment grants for equipment on base by Lye from § 26 investment grants for small hydropower plants § 27 investment subsidies for medium-sized hydroelectric power plants 2. section settlement of investment grants § 28 Advisory Board § 29 settlement agent for granting investment aid § 30 guidelines for investment grants 5. part eco power clearing agency 1 section concession and the Organization of eco power management § 31 exercise conditions § 32. application § 33. licensing § 34. concession withdrawal § 35. termination of the concession § 36. change of ownership 2. section eco power management § 37. tasks of the eco power management agency § 38. eco-balance group § 39. General conditions § 40. obligations of electricity traders , Eco power plant operators and network operators § 41. calculation of the market price of electricity 3. section eco power processing § 42. compensation of additional expenses of the eco power settlement agency § 43. allocation of technology funds to 6 countries part application and management of funding 1 section raising the funding § 44. application of funds § 45. eco power package § 46. exemption from the obligation to pay the eco power package § 47. collect the eco power package § 48. eco power subsidy § 49. cost cap for low-income households 2. section management of funding § 50 funding account 7 part other provisions § 51. monitoring § 52. reports § 53. procedure before issue of regulation § 54. accountability § 55. General penalty provisions 8 part transitional provisions and entry into force § 56. General transitional provisions § 57. entry into force of § 58. enforcement 1 part

General terms and conditions

Constitutional provision

§ 1.(Verfassungsbestimmung) the issuing, suspension, and enforcement of regulations, as they are included in this federal law, are also the concerns of Federal thing, for which the B-VG determines otherwise. The matters regulated in those rules can be provided directly by the facilities provided for in this federal law.

Scope

2. (1) this federal law regulates



1. the evidence of the origin of electrical energy from renewable energy sources;

2. proofs of origin for RES, as well as the recognition of origin from another EU Member State, an EEA State or a third country;

3. the conditions for, and the promotion of the production of electrical energy from renewable energy sources;

4. raising the financing for the expenses incurred by promoting the generation of electrical energy from renewable energy sources.

(2) the object of promoting are in particular the following areas:



1. to encourage of the production of green electricity by set prices, so far as a Contracting eco power settlement agent is compulsory;

2. to promote the establishment or revitalization of certain facilities through investment subsidies;

3. granting of operating cost surcharges for eco-electricity plants based on liquid biomass or biogas.

Implementation of Union law

§ 3. The following guidelines are implemented by this law:



1. directive 2009/28/EC on the use of energy from renewable sources and amending and subsequent repealing of directives 2001/77/EC and 2003/30/EC, OJ No. L 140 of the 05.06.2009 S. 16;

2. directive 2009/72/EC concerning common rules for the internal market in electricity, OJ No. L 211 of August 14, 2009 p. 55;

3. 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 S. 64, as amended by Regulation (EC) No 1137/2008, OJ No. L 311 of November 21, 2008 p. 1.

Objectives

§ 4 (1) in the interests of the climate and environmental protection, as well as security of supply is the goal of this federal law, it



1. the production of green electricity by investing in Austria in accordance with the principles of European Union law to promote;

2. the share of the production of green electricity at least up to the target values specified in paragraph 2 to paragraph 4 should be increased;

3. energy-efficient generation of green electricity to make sure.

4. the appropriations for the promotion of renewable energy sources efficiently;

5. a technology policy priorities in terms of the achievement of market maturity of the technologies for the production of green electricity to make, taking on the European priorities as regards new renewable technologies, in particular in the framework of the strategic plan for energy technologies - SET-plan, is taken into consideration

6 the investment protection for existing and future systems to ensure;

7. the dependence of nuclear power to eliminate extended until 2015.

(2) until the year 2015, which is to support that by systems contracting obligation through the eco power clearing agency and equipment eligible for investment grants an overall power share of 15%, is measured by the delivery to the final consumer from public networks, produces new construction and expansion of facilities to such an extent. In this target value is newly constructed small hydropower plants as well as medium-sized hydroelectric power generation, as well as the additional power generation obtained by optimization and extension of existing small hydropower plants since entry into force of the eco-electricity Act, Federal Law Gazette I no. 149/2002, the rebuilding and extension of hydropower plants with a bottleneck capacity of more than 20 MW but not containing.

(3) to increase power generation from renewable energy sources, the most effective construction of additional 700 MW is hydroelectric power (with an additional amounting to a total of 3 500 GWh, including the effects of revitalization measures and extensions of existing eco-electricity generation plants related to the year of rule), of which 350 MW small and medium-sized hydroelectric power (with an additional eco-electricity generation related to the rule year amounting to 1 750 GWh) from 2010 to 2015 , the construction of 700 MW of wind power (with an additional eco-electricity generation based on an average year of 1 500 GWh), 500 MW photovoltaic (with an additional eco-electricity generation related to the average year of 500 GWh), and, when proven availability of raw materials, the establishment of 100 MW biomass and biogas (with an additional eco-electricity generation based on an average year of 600 GWh) to pursue.

(4) for the individual eco-power technologies, quantitative development objectives are set for the period 2010-2020:



1st power: 1 000 MW (equivalent to an additional eco-electricity generation related to an average year of about 4 TWh), as far as the availability of sites is given;

2. wind power: 2 000 MW (equivalent to an additional eco-electricity generation related to an average year of about 4 TWh), as far as the availability of sites is given;

3. biomass and biogas: 200 MW (equivalent to an additional eco-electricity generation related to an average year by about 1.3 TWh), where a demonstrable availability of the raw materials used is given;

4. photovoltaics: 1 200 MW (equivalent to an additional eco-electricity generation based on an average year of approx. 1.2 TWh).

(5) the objectives referred to in paragraph 1 to 4 is to monitor every two years through the E-control in accordance with article 51, paragraph 1. The Federal Minister of economy, family and youth has in the event that the objectives were achieved, to initiate the increase through a Government Bill.

Definitions

The term may refer to § 5 (1) within the meaning of this federal law



1.

"High proportion of biogenic waste" the waste listed in Appendix 1, defined by the associated 5 digit code number in accordance with annex 5 of the waste directory of the directory directive, Federal Law Gazette II No. 570/2003, as amended by regulation BGBl. II No 89/2005; the biodegradable fraction of waste according to annex 1 is to separately with respect to the tariff classification; the biodegradable fraction of waste, are not listed in annex 1 is not biomass within the meaning of this federal law;

2. "lye down" when the chemical digestion of waste incurred during the production of pulp wood;

3. those price committed to the electricity traders are "Purchase price" to remove the eco power assigned to them by the eco power settlement agency;

4. an "Old location" eco power plant, which recognized prior to the entry into force of this federal law as eco power system;

5. "System" a power generation plant, which at least in part from renewable energy green electricity is generated and recognized as eco power system, mixing combustion plant or hybrid system; Facilities that serve the purpose of eco-electricity generation and a technical functional related, are also then as uniform conditioning to handle when run by different people;

6 "Biogas" that flammable gas, which produced by fermentation of biomass in biogas plants and used to produce energy; Gas dispensed from a gas network is regarded as bio-gas, so far as the amount of extracted gas is powered a gas from biomass in the Wärmeäquivalent of the amount of elsewhere in the scope of the Act in the gas network;

7 "Biomass" the biodegradable part of products and residues of agriculture with organic origin (including vegetal and animal substances), forestry and related industries including fisheries and aquaculture, as well as the biodegradable share of waste pursuant to no. 1; the biodegradable fraction of waste, are not listed in annex 1 is not biomass within the meaning of this federal law;

8 "Fuel efficiency" the sum of electricity and used heat generation, divided by the energy content of used energy sources relate to a calendar year;

9 "Consumption" that amount of energy that is required for the operation of the plant, 10.              "Consumption" is the electrical energy produced in a plant which is not fed into the public grid.



11.



"Single dining fare volume" that accumulated over the duration of the General and specific contracting obligation predicted expenses the eco power settlement agency for buying (the Contracting) of green electricity at the rates determined by regulation or law; aliquot charges of the eco power settlement agency and charges the eco power settlement agency for the purchase of green electricity at the market price minus balance energy are not comprised thereof;



12 "Bottleneck power" through the worst performing of limited, maximum power of life throughout the facility with all machine movements.

13 "renewable energy" from renewable, non-fossil energy sources (wind, solar, geothermal, wave and tidal energy, hydropower, biomass, waste with high content of biogenic, landfill gas, sewage treatment plant gas and biogas), including meat and bone meal, Lye or sewage sludge;

14 "Fine dust" particles, which passes through a size-selective inlet, has an off vagina effectiveness by 50% for aerodynamic diameter of 10 µm;

15 "Guarantee of origin" that certificate, which clearly shows off the energy fed into the public grid or supplied to third parties; produces what energy source

16 'Hybrid plant' a plant, different technologies used in combination in the conversion of one or more primary energy into electrical energy, unless it is operated at least in part on renewable energy sources 17 "small hydropower plant" a recognized plant on the basis of renewable energy source hydropower with a bottleneck capacity including 10 MW;

18 "mixed combustion plant" a thermal plant, used in the fuels as primary energy sources, which are renewable energy only for the part, provided that the use of non-renewable primary energy sources exceeds the extent technically required for operation;

19 "medium-sized hydropower plant" a recognised plant on the basis of renewable energy source power with a bottleneck capacity of over 10 MW to 20 MW including;

20. "New plant" means a eco power system, recognised after the entry into force of this federal law as eco power system;

21. "public network" means a licensed distribution system or a transmission system, that the supply is used third parties and to which, there is entitlement to network access.

22 "Eco power" electricity from renewable energy sources;

23. "Eco power plant" means a plant that produces exclusively from renewable energy sources res, and is recognized as such;

24 is "Eco power subsidy" that contribution, by all end users connected to the public grid in accordance with section 48 and is used to cover the extra costs of the eco power settlement agency in accordance with section 42 minus the expenses covered by the eco power package.

25 is "Eco power package" that contribution in euros to the reporting point, by all end users connected to the public grid, with the exception of the consumer pursuant to section 46 and the coverage of costs according to CHP Act, the investment grants in accordance with this law, as well as proportional cover of the extra costs of the eco power settlement agency in accordance with section 42 (counting point package);

26 "standard capacity" the electricity amount resulting from the flow duration line rule year, taking into account the technical boundary conditions (the actual average production in the last three years of operation);

26A. "Revitalization" investment in small hydro power stations, which lead to an increase in the bottleneck capacity or an increase in the standard capacity by at least 15%. Revitalization is always given, if at least two of the essential parts of the system, continue to be used as turbine, water intake, penstock, drive water channel, power house or dam or weirs, which have already passed before construction starts,

27 "the relevant scientific knowledge-based state of facilities, advanced procedures or modes of operation, whose functioning is tested and is proven state of the art". In determining the State of the art are especially those similar procedures to attract facilities or operations which are most efficient to achieve the objectives contained in § 4 paragraph 2 to paragraph 4;

28 'Electricity from renewable energy sources' electrical energy produced in eco-electricity plants, as well as the part corresponding to the share of renewable energy sources in hybrid or mixed combustion plant generated electrical energy; electric energy obtained as a result of the pumping procedure for the purpose of storage in storage systems is excluded;

29 "Support volume" the funds arising from the proceeds from the allocation of guarantees of origin for RES in accordance with § 10 paragraph 8, the eco power package in accordance with Z 25, as well as the eco power funding contributions in accordance with for Z 24 per calendar year;

30 "full-load hours" the quotient of expected annual eco-electricity generation divided by the bottleneck capacity of the eco power plant;

31 "Manure" the sum of solid and liquid animal excrements. Manure can contain also subordinate amounts of additional products, which can be separated from the excrements without great economic effort;

32. "additional annual support volume" the portion of the support volume, for the contracting of green electricity on basis of the respective calendar year from the eco power settlement agency contracts with eco-electricity system operators is available;

33. "Counter point" is a unique alphanumeric name identified measuring point for electrical measured variables, over which a network operator maps all values relevant to the transfer.

(2) in addition I apply the definitions of electricity economic and Organization Act 2010 (ElWOG 2010), Federal Law Gazette No. 110/2010, as well as of the CHP Act, Federal Law Gazette I no. 111/2008.

(3) where other federal legislation is referenced in this federal law provisions, these provisions were to apply in their respectively valid version.

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

2 part

Plants

Power supply systems

Section 6 (1) has the right to be connected within its concession area the facility is located on the network of the operator each plant.


(2) within the framework of its competition authority, the E-control in particular has to ensure that the network operator treated equally all connecting advertisers and transparent going on. For this purpose can they require to announce his approach to requests and applications by connecting advertisers from the network operator, for example, how and within what period of time will respond to inquiries and requests, what criteria are applied in competing network access requests and what measures are taken to ensure the equal treatment of connecting advertisers. If the announced or actual procedure may not be, I no. 110/2010, as amended by Federal Law Gazette I no. 75/2011, take a fair competition to secure the E-control can Energy Control Act, BGBl. measures pursuant to § 24 para 2.

(3) the responsibilities of the State authorities in disputes over the power supply remain unaffected thereof.

Recognition of plants

Section 7 (1) in accordance with the provisions of § 7 and § 9 is on request of the operator by the Prime Minister of the country, where the plant is located, to recognize decision:



1 as eco power plant a plant for the production of electrical energy, which is run solely on renewable energy sources. The use of non-renewable primary energy sources are permitted to the extent technically required for operation;

2. mixing combustion plant a plant for the production of electrical energy which is renewable energy sources as well as on the basis of energy carriers, which are non-renewable energy sources, as far as the use of non-renewable primary energy sources exceeds the extent technically required for operation;

3. as a hybrid system a facility for the generation of electrical power, which used different technologies in combination in the conversion of one or more primary energy into electrical energy, as far as they at least partially operated on renewable energy sources.

Plants referred to in article 8 paragraph 3 requires the biogas-fired power generation plant, as well as the biogas production plant of recognition.

(2) who is no. 2 and no. 3 recognition in accordance with para 1 to fail when the used renewable energy sources is not at least 3 vH of the primary energy use in the observation period. The observation period is at least one calendar year.

(3) the Governor has on request of the system operator after implementing efficiency improvements to determine that a facility has been improved. The increase caused by the improvement of the fuel efficiency is in the recognition decision.

(4) the Governor has the recognition to be revoked if the conditions for recognition are no longer available, conditions are not respected, or if despite the request the certified documentation is not presented. The Governor has the E-control to notify the network operator to whose network the system is connected, and the eco power clearing agency immediately by the withdrawal of recognition. The eco power settlement agency contracting obligation ends with the access of withdrawal of recognition.

Obligations of the applicants and operators

Section 8 (1) request in accordance with § 7 are the following documents to connect:



1. information about the lawful operation of the plant and its location;

2. information about the used primary energy sources, separately according to their share of the total bet (calorific value);

3. a concept about the supply of raw materials at plants at least partially operated based on biomass or biogas, through at least the first five years of operation. This concept has also information on a possible cover from its own agricultural and forestry production to contain;

4. the related parameters of the system, in particular the bottleneck capacity;

5. the execution of the system, in particular a description of the technology used;

6. the unique identifier of the counting point through which the generated electricity; fed physically in a public network

7. name and address of the network operator to whose network the system is connected;

8. type and amount of investment aid or any other promotions.

In the case of a plant expansion all documentation on the existing system according to Z 1-Z 8 application include, if not already submitted with the initial application, to close at.

(2) operators of commodity-led systems have constantly to document to use fuels and to detect the composition of primary energy sources which were used once a year. The eco power clearing agency is entitled to request an opinion on their composition in terms of the primary energy sources. Operators of mixing combustion system or hybrid systems have in addition once a year to prove that came to the use of renewable energy sources of the calendar year will reach at least the amount specified in section 7, paragraph 2. These proofs are to provide through the evaluation of documentation and to present the Governor not later than 31 March of the following year. Underlying the evidence establishing the fuels which were used by an auditor is to check electrical engineering, mechanical engineering, combustion engineering or chemistry a civil engineer or a sworn and court certified expert, or a technical office in the fields. The Governor has to consider this evidence and to submit that, if necessary, adjust the price of the affected plant has (§ 18 para 2) in the presence of the eco power settlement agency with a confirmation of the correctness of the legal requirements.

(3) operators of facilities related to the production of green electricity gas from the gas network, which was fed elsewhere in the gas mains as gas from biomass, have constantly to document this. As well, operators of bio-gas plants feeding biogas into the natural gas network, have constantly to document feeding. Underlying the evidence establishing the fuels which were used by an auditor is to check electrical engineering, mechanical engineering, combustion engineering or chemistry a civil engineer or a sworn expert or a technical office in the fields. The injected amounts are monthly by issuing certificates to prove. The operators of installations within the meaning of this paragraph with an electric bottleneck capacity of over 1 MW must submit advance daily schedule messages to the eco power clearing agency. Are not adhered to, the cost of forecast deviation by the plant operator must be worn. The Governor has to consider the evidence provided pursuant to this paragraph, and to submit that, if necessary, adjust the price of the affected plant has (§ 18 para 2) occurrence of the statutory requirements of the eco-electricity settlement agency together with a confirmation.

(4) operators of existing and new plants are obliged to all information necessary for the processing of subsidies for eco power on request the eco power management authority and to provide documents.

Content of notices of recognition

Notices in accordance with § 7 have § 9 (1) in any case to contain:



1. energy to use;

2. the bottleneck capacity; in photovoltaic systems in addition the peak power;

3. name and address of the operator, is fed into its network

4. the percentage of individual energy sources, based on a calendar year;

5. the precise designation of the counting point through which the generated electricity; actually physically fed into a public network

6. an indication of the documentation to be drawn up in accordance with article 8, paragraph 2;

7. where systems on the basis of biomass or biogas as well as mixing combustion plant and hybrid systems the level of fuel efficiency or geothermal facilities in the amount of total energy efficiency, as well as information on the heat meter;

8. for plants based on biomass or biogas information on the supply of raw materials at least for the first five years of operation.

9 in the case of systems, also on the basis of waste with high content of biogenic (§ 5 par. 1 Z 1) are operated, the 5-digit code number to associate with the respective waste in accordance with annex 5 of the waste directory of the directory directive, Federal Law Gazette II No. 570/2003, as amended by regulation BGBl. II No 89/2005;

10. for systems operated at least partly on the basis of solid biomass be measures to prevent particulate matter;

11. for systems operated at least partly on the basis of liquid biomass are details, whether they meet the sustainability requirements for liquid biofuels pursuant to Regulation BGBl. II No. 250/2010;

12 in the case of systems, which operated sewage sludge or lye down on the basis of animal meal, be, the separate specification of these primary energy sources according to their share of the total bet (calorific value);

13. type and amount of investment aid or any other promotions.

(2) in the modest are relating to grant special proof obligations on the used primary energy sources anyway.


(3) decisions on investments are used where waste with high content of biogenic, is to join the annex 1 to this Act.

Proofs of origin for RES

§ 10 (1) for the monitoring of the exhibition, the transmission and the cancellation of guarantees of origin is called the E-control as the competent authority. This has to be done through automation-supported database.

(2) the network operator approved plants are connected to their networks, have to make the plant operator on request by entering the net electricity quantities injected into the grid in the automation-supported database of origin about the amounts injected from these systems in its network of eco-electricity. The exhibition can take place by means of automation-supported data processing.

(3) network operators in addition have generators that no. 6 last Halfsentence generate green electricity on the basis of bio-gas in the sense of § 5 para 1 to issue guarantees of origin in accordance with paragraph 1 for those amounts of green electricity, which are generated using gas and match those amounts of biogas, which elsewhere in the area of application of this Act in the gas network are injected.

(4) energy for each unit produced only a proof of origin must be issued. A guarantee of origin applies by default to 1 MWh, where a subdivision is allowed up to the third decimal.

(5) a proof of origin must be used at the latest in the calendar year following the production of the respective unit of energy. A proof of origin is to validate its use.

(6) the proof of origin referred to in paragraph 1 has to include the following:



1. the quantity of electrical energy produced;

2. the type and the bottleneck capacity of the plant;

3. the period and the place of production;

4. the employed energy;

5. nature and extent of investment aid;

6 nature and extent of any further promotions;

7 date of commissioning of the system;

8 date of issue and a unique identification number.

(7) the operator of the eco-electricity plants, as well as the power merchants who sell electric energy from plants as green electricity an other electricity traders or the eco power settlement agency, are obliged on request of the buyer has been shown to leave the origin corresponding to the sold quantity (by means of automation-supported data processing) This buyer.

(8) by way of derogation from paragraph 7 the eco power clearing agency has to the proofs of origin within the framework of their contracting obligations conferred Z 3 the electricity traders in accordance with § 37 para. 1 to charge the annual prescribed prices for origin of the E-control in accordance with paragraph 12.

(9) for approved systems for generating electricity on the basis of renewable energy sources, which are connected to systems of Vorarlberger Illwerke AG, the proof of origin referred to in paragraph 1 and paragraph 2 by VKW Netz AG is to exhibit.

(10) in the case of automation-supported exhibition of guarantees of origin is to issue a certificate on the basis of the first clearing monthly and to deliver to the plant operators.

(11) the system operator shall be liable for the accuracy of their information about the used energy sources.

(12) the E-control has the price for that of the eco power settlement agency the electricity traders in accordance with § 37 para. 1 Z 3 to allocate origin based on their value annually by regulation to redefine. For pricing, it is permissible to auction off a minor share of guarantees of origin.

(13) the proof of origin may be exhibited for electrical energy from photovoltaic systems with a capacity up to 5 kWpeak even without the existence of a recognition decision.

Recognition of certificates of origin for green electricity from other States

§ 11 (1) of assets located in another EU - Member State, an EEA State or a third country considered proofs of origin of green electricity origin within the meaning of this Federal Act, if they meet at least the requirements of article 15 of Directive 2009/28/EC.

(2) in case of doubt has the E-control on application or officio by decision to determine whether the conditions for recognition are available.

(3) the E-control may nominate States by regulation in which guarantees of origin of green electricity fulfil the conditions referred to in paragraph 1.

(4) regarding the in recognition of origin for the purposes of the current labelling, the conditions in the regulation in accordance with § 79 paragraph 11 are 2010 set ElWOG.

3 part

Operating grants

1 section

General Contracting obligation

Contracting obligation to feed-in tariffs

12. (1) the eco power clearing agency is obliged according to the available subsidies for eco-electricity plants, to the contract your offered green electricity feed-in tariffs determined by regulation in accordance with article 19 and for the period set in accordance with § 16 from following plants through the conclusion of contracts on the loss and compensation of green electricity to the General conditions approved pursuant to section 39:



1. hybrid and mixed combustion plant the proportion of employed and listed in no. 2 renewable energy sources, but with the exception in paragraph 2 Z 2 listed renewable energy sources;

2. eco-electricity plants on the basis of a) wind power;

b) photovoltaic;

c) solid and liquid biomass and biogas;

d) geothermal energy;

e) small hydropower plants with a bottleneck capacity of up to 2 MW in accordance with § 14 paragraph 7.

(2) any Contracting obligation referred to in paragraph 1



1. for plants that do not have a recognition decision in accordance with article 7;

2. for plants on the basis of animal flour, liquor off or sewage sludge;

3 kWpeak for photovoltaic systems with a capacity up to 5;

4. for systems operated at least partly on the basis of geothermal energy, biomass or biogas, be, as long as they don't fuel efficiency and overall energy efficiency by at least 60 per cent, or no heat meters corresponding to the State of the art for the purposes of calculating the used heat install;

5. for plants based on biomass or biogas, who have no concept of the supply of raw materials--at least for the first five years of operation.

6. for installations on base of liquid biomass, the sustainability requirements for liquid biofuels pursuant to Regulation BGBl. II Nr 250/2010 do not meet;

7. for plants on the basis of solid biomass that have no prevention measures corresponding to the State of the art of fine dust.

Contracting requirement at market prices

Section 13 (1) apart from the contracting obligation pursuant to § 12, the eco power management agency undertakes, through the conclusion of contracts on the loss and compensation of green electricity to the General conditions approved pursuant to section 39 the you offered green power to contract in paragraph 3 specific prices of assets, with the exception of



1. plants that do not have a recognition decision in accordance with article 7;

2. equipment for which a upright agreement about the loss and compensation of eco-electricity in accordance with article 12 or in accordance with section 17 is without prejudice to the provision in paragraph 2;

3. water turbines with more than 10 MW bottleneck capacity;

4. installations on the basis of animal meal, Lye down or sewage sludge;

5. hybrid and mixed combustion plant for the portion of the employed energy sources that come from energy sources in accordance with no. 3 or no. 4 or from non-renewable sources.

(2) If an operator of a facility, a Contracting obligation pursuant to § 12 for that, renounced his claim to contracting of electricity to feed-in tariffs for at least 12 months, the eco power clearing agency is also committed to the contracting of the eco electricity generated at the prices established in accordance with paragraph 3.

(3) the amount of the prices referred to in paragraph 1 is out in accordance with § 41 para 1 is published market price, minus the average expenses per kWh for balancing the eco power settlement agency in the last calendar year to determine where possible the costs caused by the respective technologies to consider are, to differentiate at least between balancing for wind power and balance energy for all other eco-electricity plants.

(4) the eco power clearing agency has the operators of facilities in accordance with § 12, with respect to those Contracting obligation to set feed-in tariffs is to submit an offer to the immediately continued further contracting to the price referred to in paragraph 3 at least three months before the expiry of the contract. Upon acceptance of the offer by the eco power plant operators, the eco power clearing agency has concluded a contract on the acceptance.

Specific provisions on the duty of Contracting

14. (1) the contracting obligation of the eco power settlement agency in accordance with article 12 or article 13 only exist if over a period lasting at least 12 calendar months, the generated and emitted into the public grid green electricity from a plant is delivered to the eco power clearing agency.

(2) the eco power clearing agency has a contract on the loss and compensation of green electricity to the General conditions approved pursuant to section 39 to complete in compliance with contracting requirements with the operator of a facility. With the conclusion of a supply contract, the plant's operator is member of the eco-balance group in accordance with section 38.


(3) the eco power settlement agency in accordance with section 12 Contracting obligation only in accordance with the available funding. For systems for which an application on conclusion of the contract was made, the contracting the eco power settlement agency in accordance with article 12 only to that extent is compulsory, as does not exceed the respective available additional annual support volume.

(4) can be found with the available additional annual support volume not the long out so the eco power clearing agency to the contracting of eco-electricity only from those plants is obliged, before reaping the full benefits of the volume of additional annual support contract for the contracting of eco-electricity was completed. The eco power clearing agency in this case has the Federal Minister of economy to put family and youth immediately of this fact in knowledge.

(5) can not long out of the current contracting of green electricity from those plants are found with the financial means available to the eco power settlement agency, with which there is an upright agreement the contracting of green electricity, the eco power clearing agency aliquot to cut the remuneration of green electricity. In this case, an immediate payment by the eco power clearing agency has to take place once the eco power clearing agency again has sufficient funds. The eco power clearing agency is obliged to take all measures to raising the necessary funds within their means.

(6) for photovoltaic systems over 5 kWpeak, for which an application on contracting was made after the entry into force of this federal law, is the ability to apply for the promotion of injected electricity amounting to 18 cents/kWh over a period of 13 years (Netzparitäts rate) by way of derogation from paragraph 3 and place the tariffs specified in article 18, paragraph 1. A change on acceptance of the eco-electricity at the rates specified in article 18, paragraph 1 is not allowed in this case. It in particular § 18 para 4 and § 20 para 3 shall apply mutatis mutandis. The conclusion of these contracts has to be Z 5 taking into account the available support volume in accordance with § 23 para. 3.

(7) instead of investment grants in accordance with section 26 the promotion can be requested for the establishment or revitalization of small hydropower plants with a bottleneck capacity of up to 2 MW, which have submitted a request for contracting after entry into force of this Federal Act and with their establishment at that time not yet begun was, by injected electrical energy in the amount of feed-in tariffs specified in the regulation referred to in article 19.

Application and contract

Section 15 (1) has the eco power clearing agency to contract the green electricity generated by the plants on the basis of contracts in accordance with an existing obligation of contracting.

(2) the request (which offered) on conclusion of the contract of the contracting of eco-electricity has to be made to the General conditions approved pursuant to section 39. In the General conditions can be provided that proposals (quotations) using automation-supported data processing are to contribute and edit.

(3) the application shall not separate evidence are required, the decision on the plant have reference pursuant to section 7 and proof of all necessary permits or ads connect for the construction of the plant. Incomplete applications cannot be take into account where the applicant of this fact in writing to put is in knowledge under loss of rank.

(4) proposals on conclusion of the contract in accordance with § 12, which for adoption would have exceeded the volume of support entail, are not to accept. At the same time incoming applications exceed the limit specified by the volume of support, overall, the lot decides.

(5) was not a contract for the purchase of green electricity is to be completed with an operator of a facility referred to in paragraph 4 as a result of the exhaustion of the volume of support, a contract for the contracting of green electricity is with the operator, taking into account the resulting from the time of application ranges at the earliest possible date to complete, with the rates and other general conditions of the eco power settlement agency to put the contract pursuant to § 18 para 1 underlying. It is free the operator in this case to withdraw his request. The application expires anyway at the end of the third following year after receipt of the request.

(6) is made, a photovoltaic system within a period of 12 months, a small hydroelectric power plant, a commodity-based system or wind turbine within a period of 36 months and an other system within a period of 24 months after acceptance of the application in operating agreement the contracting of green electricity is considered dissolved, unless the applicant not plausibly that the causes for this not in its sphere of influence. The freed up from the termination of this contract support volume is attributable to the support volume of each investment category in the current calendar year.

(7) for photovoltaic systems has the applicant in addition to make a statement, whether for the system or for parts of this plant grants on the basis of the climate and Energy Fund Act (KLI. EN-FondsG), Federal Law Gazette I no. 40/2007, claims have been taken. By way of derogation from paragraph 4 and paragraph 5 applications of photovoltaic systems which have submitted a request for contracting with the eco power settlement agency after entry into force of this federal law, must be rejected by the eco power settlement agency, unless at the time of their arrival, the volume of support was already exhausted.

Duration of compulsory of Contracting

Section 16 (1) is the duration of the contracting obligation of the eco power settlement agency in accordance with article 12



1. for eco-electricity plants based on solid and liquid biomass or biogas 15 years, 2. for all other green power technologies 13 years, from contracting with the eco power processing unit (start the purchase of green power by the eco power clearing agency in accordance with § 12) and ends no later than at the end of the 20th year of operation of the plant.

(2) the duration of the contracting obligation of eco power tender agent pursuant to clause 13 is for an indefinite period.

2. section

Special duty of Contracting

Follow-up tariffs for commodity-based eco-electricity plants

By way of derogation from article 13 § 17 (1) is for eco-electricity plants based on solid and liquid biomass or biogas, which feed into the grid, after expiry of the contracting period of the eco power settlement agency in accordance with section 12 or after the promotion period in accordance with the provisions of the eco-electricity Act, Federal Law Gazette I no. 149/2002, as amended by Federal Law Gazette I a no. 104/2009, special duty of contracting the eco power settlement agency. The eco power clearing agency has contracts for the further decline of green electricity, only taking into account the available to complete an additional annual support volume.

(2) any Contracting obligation referred to in paragraph 1 is for commodity-based eco-electricity plants, the



1. do not have a recognition decision pursuant to section 7;

2. on the basis of animal flour, liquor off or operate sewage sludge;

3. no fuel efficiency of at least 60 vH reach;

4. no concept about the at least five operating years have about commodity supply;

5. on the basis of solid biomass is operated and no prevention measures corresponding to the State of the art exhibit of particulate matter;

6. on the basis of liquid biomass be operated and II No. 250/2010 do not meet the sustainability requirements for liquid biofuels pursuant to Regulation BGBl..

(3) the conclusion of contracts referred to in paragraph 1 may be made only once per system. Article 14 and article 15 shall apply to these contracts accordingly. The eco power settlement agency contracting obligation expires at the end of 20 years from the commissioning of the plant.

(4) the Federal Ministry of economy, family and youth to determine for this eco-electricity plants by regulation succession rates which are oriented towards the running costs that are required for the operation of these facilities, taking into account not depreciation and interest for the investment. In addition, the Federal Minister for Economics has in determining the prices apply by analogy to the criteria set out in section 19 and section 20 family and youth.

3. section

Feed-in tariffs

General provisions on the tariff classification

The feed-in tariffs for the contracting of eco-electricity determined section 18 (1) for plants for the prices given at the time of application. The remuneration for the contracted eco-electricity plants is carried out according to the produced by the system and given into the public grid eco electricity.


(2) green electricity from commodity-based eco-electricity plants, hybrid or mixed combustion plant is to contract according to the percentages set out in the notice of recognition and reward. The eco power clearing agency has the percentages laid down in the notice of recognition are not respected according to the created documentation, after agreement by the Governor to roll up the remuneration for the past year and to be paid according to the documentation. Differences should be with the next following payment. The Governor has a compensation is not possible, to oblige the operator with notice to surrender of the profit. The additional revenues resulting from the difference between the fixed rate and the market price published recently by E-control at the time of production of the eco-electricity in accordance with article 41, paragraph 1. The extra revenues are contributing to the account pursuant to § 50.

(3) providing electrical energy to the public network from several plants for the access price approaches to the application, only a transfer point (counting), so is a composition of feed in proportion to the share the bottleneck capacity of each plant on the entire bottleneck capacity of all units connected to go out unless the operators of these facilities has explicitly after origin of energy from a particular investment , for example, by arrest logs individual plants or switching this equipment.

(4) funding from the CPI were for these systems or for the equipment necessary for the functioning of these facilities. This is taken EN Fund, in assessing the promotion under this Federal Act to the corresponding extent taken into account. Applicants have to submit a Declaration on the occasion of the submission. In addition, the eco power handling job applicants may request suitable evidence.

(5) If a plant is extended, then the regulations and price approaches for eco-electricity plants are on the expanded part in accordance with this Federal Act apply accordingly. The advanced system operator has to provide in particular a request pursuant to article 15 for the expanded part of the eco power plant. On the original investment portfolios before enlargement are the original rules and price approaches continue to apply and on the advanced part of the system is to apply the eco power settlement agency for the expanded eco power plant application corresponding to the performance of the overall system price approach at the time.

(6) the Federal Ministry of economy, family and youth may invite to determine the facts relevant to the determination of rates and allowances including experts, which the Federal Ministry for economy, family and youth, as well as the E-control available.

Authority to issue regulations

Section 19 (1) of the Federal Ministry of economy, family and youth has the feed-in tariffs in the form of prices per kWh for the contracting of green electricity in agreement with the Federal Ministers for agriculture and forestry, environment and water management and labour, Social Affairs and consumer protection regulation, so far as a Contracting obligation pursuant to § 12 is to be set.

(2) the tariffs in the regulation referred to in paragraph 1 shall be determined separately for each calendar year. If it is appropriate, it is permitted in the regulation referred to in paragraph 1 in advance to set the tariffs for two or more calendar years, where a deduction for the cost to provide is in relation to the respective prior-year figures in accordance with the cost development of relevant technologies. Periodic adjustments of tariffs are allowed. Until the entry into force of a new regulation will the latest valid for the respective prior-year rates at a discount of 8% for systems on the basis of photovoltaics, 1% of wind power and 1% of the remaining eco-power technologies.

Criteria for the assessment of feed-in tariffs

The feed-in tariffs are § 20 (1) in accordance with the objectives of this Federal Act, particularly with regard to the efficient use of resources, to organize that continuously increasing the production of green electricity is carried out, aiming at being an increase in the production of green electricity from commodity-based eco-electricity plants only when demonstrably secure supply of raw materials.

(2) provided for in paragraph 1 are the feed-in tariffs on the basis of the following criteria:



1. the rates are below comply with Union legislation to set;

2. the tariffs have on the average production cost of cost-efficient facilities that are State of the art, to orient;

3. between plants is then to be different if different costs or public subsidies granted;

4. the rates are set depending on the different primary energy sources where the technical and economic efficiency is taken into account;

5. the pricing is to ensure that the promotions at the most efficient locations have to orient and the ability of to maximise the amount of the tariff by a division into several plants is excluded;

6. the tariffs may contain more differentiation, about the bottleneck capacity, the annual electricity output (zone tariff model) or other special technical specifications. A temporal distinction is permitted; day/night and summer/winter in accordance with § 25 ElWOG

7. in regulation also minimum requirements to use technologies can be provided which have the minimum requirements to comply with the State of the art;

8. in regulation achieving a higher fuel efficiency than in § 12 para 2, no. 4 as a pre-condition for the granting of feed-in tariffs can be made if this is economically reasonable due to the nature of each type of investment, taking into consideration the State of the art and the optimal use of the primary energy (energy efficiency).

(3) the following applies for photovoltaic systems in addition to paragraph 2:



1. when determining the tariffs for photovoltaics, a differentiation between plants on open spaces and buildings is permitted, with the granting of aid may be limited to building-integrated photovoltaic systems;

2. for photovoltaic with a bottleneck capacity 20 kWpeak the tariffs referred to in paragraph 1 can cover only a part of the average production cost of cost-efficient facilities that are State of the art,

3. in regulation a single tariff for all size classes of photovoltaic systems must be provided, where a combined promotion by means of investment grants and feed-in tariffs can be provided and anyway the fact Bill to wear, whether the additional annual support volume of the previous year has been exhausted;

4. the granting of aid may be linked to a certain maximum size of the attachment being kWpeak anyway, ruled out a promotion of a photovoltaic system of more than 500.

(4) the following applies commodity-dependent systems in addition to paragraph 2:



1. the pricing may not be in such a form that biomass of material used is withdrawn or food and feed; deprived of its original purpose

2. between waste with high content of biogenic and other solid biomass is to distinguish;

3. differentiation within the investment categories on the basis of bio-gas energy and substrates within the investment categories on the basis of biomass energy sources, as well as other special technical specifications is allowed;

4. in determining the prices of assets based on bio-gas or liquid biomass, commodity prices (costs for the energy sources) may be taken into account that these costs measured last released the electricity market revenue, market prices on in accordance with article 41, paragraph 1 up to such an extent, not exceed; This applies to systems on the basis of solid biomass then, if the performance of the contract pursuant to article 15 in conjunction with article 12 according to the eco-electricity Act, Federal Law Gazette I no. 149/2002, as amended by amendment to the ÖSG 2009, Federal Law Gazette I no. 104/2009, has been made, reached 100 MW or crosses;

5. to ensure that food and feed not be removed from their original purpose, can be provided in the regulation, that particular bio gas plant groups only a contracting the eco power settlement agency to the specified feed-in tariff obligation, if a certain proportion of manure is used for the production of green electricity.

(5) in determining the average production cost is on an efficiently managed company, which financed the investment of financial market conditions, as well as considering other financing options. Life, the investment costs, operating costs, the appropriate return on capital employed and the annually generated amounts of electrical energy are taken into account. The calculation of these costs are national as well as international experiences into account.

4 section

Supplements to the feed-in tariffs

Technology and CHP bonus


Section 21 (1) by regulation in accordance with § 19 specific rates increase for plants referred to in article 12 to 2 cents/kWh for those amounts of green electricity from gas pursuant to § 8 para 3, if



1. the natural gas quality gases injected into the network are prepared on, 2nd in the electricity generation facility a minimum share of purified biogas is used from 50% to natural gas quality, 3. the efficiency according to § 8 para 2 CHP law criteria and 4. a unique identifying ID for the used bio-gas is provided (technology bonus). The granting of the technology bonus is limited to 15 years from the start-up of the biogas a dining facility. The balance Group Coordinator in accordance with GWG has for the eco power clearing agency and on whose behalf each month to exhibit confirmation with a unique identifying ID injected quantities of bio gas. The biogas plant operators has to prove the quality and quantity of injected biogas through an opinion of a technical expert of the eco power settlement agency until March 31 of the following year. This period may be extended only once at the request.

(2) for eco-electricity, which is generated in a cogeneration plant operated solely on the basis of bio-gas or liquid biomass and for after entry into force of the Federal Act Federal Law Gazette I no. 104/2009 a request for acceptance of eco-electricity was stopped at the rate prices determined by Regulation pursuant to section 19, a surcharge of 2 cents / kWh is provided, if this plant the efficiency criterion in accordance with § 8 par. 2 CHP Act , Federal Law Gazette I no. 111/2008, meets and (CHP bonus).

(3) in derogation from paragraph 2, a surcharge of 1 cent / kWh is by regulation in accordance with article 19 to provide the specific tariff rates on the entire eco-electricity supplied by this system, if this plant CHP Act, Federal Law Gazette I no. 111/2008, meets the efficiency criterion in accordance with § 8 par. 2 and be at least 12.5% of the cost of a new investment of the total investment the cost of enlargement to extensions of existing eco-electricity plants operated solely on the basis of bio-gas or biomass.

Operating costs

Operating costs are § 22 (1) for eco-electricity plants, which produce on the basis of liquid biomass or biogas eco-electricity and for the October 20, 2009 was a contract for the contracting of green electricity by the eco power clearing agency to feed-in tariffs, determined as far as due to cost increases when compared with the operating costs in the year 2006 this eco-electricity plants do not break even can be operated.

(2) the surcharges are in cents per kWh generated and injected eco electricity each year granted into the public grid. The amount of the payment of operating costs has to be 4 cents / kWh, unless no cuts to make in accordance with paragraph 5 or paragraph 6.

(3) these surcharges are in addition to grant to the feed-in tariffs at the request of the eco power plant operator and will be paid by the eco power settlement agency. Applications for payment of the charges must be submitted three months after the entry into force of the determination in the eco power settlement agency.

(4) on the occasion of the submission referred to in paragraph 3, as well as at the end of each calendar year, the operators of eco-electricity plants based on have to submit a commodity balance sheet, as well as an assessment of the other operating costs of biogas and liquid biomass of the eco power settlement agency. The balance of the raw material has to include:



1. nature and quantity of the raw material 2. origin of the respective raw material specified in megajoules (MJ) of energy content of the raw material used in the previous year (manure, agricultural substances clarifies how for example raw corn and wheat, green waste, others also clarified) to its suppliers: indicating what percentage of each commodity produced by the operators of the eco power plant itself, what percentage of each commodity produced by a supplier participating in the eco power and what percentage of each commodity from one on the eco power plant produced by non-participating suppliers.

3. the eco electricity generated in the previous year in the eco power plant are in addition to the material balance, to specify the amount of green power tempered with supported prices (feed-in tariffs), as well as the amounts of electricity used for the operation of the eco power plant (including a possible foreign electricity purchases). As well the current extent and type a heat and the calculated fuel efficiency to be specified from electricity and heat. Ways and extent of future use of heat are to represent.

A copy of the balance sheets is to deliver to the E-control. The E-control can specify the criteria for the submission of the cost of ownership for this purpose.

(5) the eco power clearing agency has a binding of resources required to ensure the funding. The existing support volume to cover the funding required for operating costs awarded is not sufficient, an aliquot cut through the eco power handling shall be made. The appropriations required for the granting of operating charges make the update for the raw material surcharge pursuant to § 11a paragraph 7 ÖSG, Federal Law Gazette I no. 143/2002, as amended by Federal Law Gazette I no. 104/2009, claimed means dar. A credit on the volume of support has to be as the means for the raw material surcharge be exceeded in 2009 therefore apply only to that extent. For the operating costs surcharge EUR 20 million per year are available.

(6) the development of operational costs is constantly to be documented by the eco power clearing agency and E-control, to prepare this documentation and annually submit the Federal Ministry of economy, family and youth. Economically effective decline in operating costs, the Federal Minister for Economics has immediately through regulation to prescribe a reduction or suspension of the operating costs of aggregate family and youth. On the occasion of the withdrawal of operating charges, the eco power clearing agency has the plant operators to indicate, that the offence of excessive delivery is fulfilled economically effective decline in operating costs and an aliquot of the received payment of operating costs will be recovered.

5. section

Support volume

Section 23 (1) to kontrahierende systems can be a contracting by the eco power clearing agency pursuant to §§ 12 ff only in accordance with the volume of additional annual support.

(2) the calculated quota set in the form of the additional volume of annual support for eco-electricity plants to kontrahierende: €50 million per year. This amount is reduced within the first ten years after entry into force of a calendar year to 1 million euro.

(3) the additional annual support volume referred to in paragraph 2 is an amount of



1. 8 million euros to photovoltaics;

2. 10 million euro on solid and liquid biomass and biogas, EUR 3 million for solid biomass with a bottleneck cable up to 500 kW;

3. at least 11.5 million euros on wind power;

4. at least 1.5 million euros on small hydropower, as well as 5. 19 million euros on the remaining canister (wind, hydroelectric, photovoltaic grid parity). This amount is reduced within the first ten years after entry into force of a calendar year to 1 million euro.

(4) the following applies for the immediate contracting pursuant to § 56 para 4 of requests I no. 149/2002, established on the basis of the eco-electricity Act, Federal Law Gazette, by way of derogation from paragraph 3:



1. for wind power, 80 million euro to support volume provided, are Z 1 available only for the immediate contracting pursuant to § 56 para 4;

2. for photovoltaic, provided 28 million euros to support volume that are available exclusively for the immediate contracting pursuant to § 56 para 4 No. 2 available.

(5) the contracting in accordance with paragraph 1 is carried out separately for each individual application. The additional annual support volume used is calculated multiplying the eco electricity produced by the plant in a calendar year with the difference between the costs of the eco power settlement agency in the amount of the respective single dining fare including any surcharges and the aliquot expenses in accordance with section 42 (4) on the one hand and the market price pursuant to article 41 paragraph 3 on the other hand. The relevant for additional annual support budget amounts are determined by multiplying the bottleneck capacity contained in the notice of recognition with the applicable to the eco power average annual number of full-load hours. These are as follows:



1. for biogas plants 7 000 full-load hours.

2. for plants on the basis of solid or liquid biomass 6 000 full-load hours.

3. for wind turbines 2 150 full-load hours.

4. for photovoltaic systems 950 full-load hours.

5. for small water power stations 4 000 full-load hours.

6. for other equipment 7 250 full-load hours.


(6) the eco power clearing agency is obliged to record still available additional annual support budget categories referred to in paragraph 2 and paragraph 3 and publish regularly (daily). The eco power clearing agency has also immediately to specify those points in time in accordance with article 18, paragraph 1, which are for the design of the feed-in tariffs of importance.

(7) surcharges as per § 21 as well as operating costs in accordance with section 22 to calculate the additional annual support volume of the respective asset class in that calendar year, where these surcharges for the first time claimed to be.

(8) if the available additional annual assistance budget in the current calendar year is not exhausted, the remaining support volumes of each investment category in the next calendar year are attributable to.

4 part

Funding for the creation or revitalization of facilities

1 section

Investment grants

General terms and conditions

Section 24 (1) at the request can be made a promotion of a system in accordance with section 25 to section 27 in form of an investment grant. Applications for investment grants are to line after the date of their arrival at the settlement agency for investment subsidies and to handle in the order of their receipt.

(2) applications for the granting of investment subsidies are to introduce before the establishment or revitalization of investments in writing to the settlement agency for investment grants. Representations with respect to the granting of investment subsidies have, as far as entitlement to promotion, to be carried out in accordance with the State aid provisions of the European Union law.

(3) application include the relevant to the establishment or revitalization of the plant, an enforcement accessible approvals or permits to connect a compilation of the investment costs as well as a profitability calculation according to the dynamic capital value method. The compilation of the investment costs and the profitability calculation must be confirmed by an auditor. Furthermore, all other relevant data and documents that are required for the assessment of the facts of the case to close in, and in particular the quantities of electricity fed into the grid, the time of the beginning of the establishment or revitalization, and the date of commissioning by appropriate documentation to prove are the investment grant application.

(4) when calculating profitability is to assume an interest rate of invested capital in the amount of six percent and to expel the required investment grant for the achievement of this interest. The expenses necessary for the establishment and operation, as well as the proceeds are determining the level of funding needs to be based, are expected at an economic management. In determining the expected revenues, the average value of the last available prices of the EEX forward is if they are no longer available to be used as far as possible similar values for the following three calendar years from the preparation of the opinion.

(5) investment grants are subject to and under the condition of existing funding to grant, and to pay. In the granting of investment aid is to ensure that the maximum permissible under Union law funding level is not exceeded.

(6) if the requirements are fulfilled, the Federal Minister for Economics has to assure the investment grant family and youth, in accordance with the recommendation of the Energy Advisory Board of. A contract is made by the clearing agency for investment grants on behalf of the Federal Minister.

(7) the profitability calculation with indication of the investment subsidy requirement is to update after presentation of the final documents of the amount of the investment, to be confirmed by an auditor to be assigned at the expense of the applicant by the settlement agent, and to submit the settlement agency for investment grants in writing. Misleading claims result in loss of entitlement to an investment grant.

(8) the investment grant is to pay the full commissioning of the plant and carried out testing of the submitted final documents by the clearing agency for investment grants. The final bill is to be confirmed by an auditor to be assigned at the expense of the applicant by the settlement agent. Akontierungszahlungen are allowed on the occurrence of seizures (eg, bank guarantees, sponsorship declarations) and the consent of the Energy Advisory Committee.

Investment grants for equipment on the basis of lye down

§ 25 (1) the construction of a cogeneration plant, on the basis of lye down (biogenic origin of the pulp and paper production residues) operated is, can be facilitated by investment grant, if the system



1. the production of process heat is used, 2. achieved a saving of primary energy carrier use and CO2 emissions compared to separate power and heat generation and 3. CHP law meets the contained efficiency criteria in section 8, paragraph 2.

(2) to be applied for the granting of investment subsidies by the eco power clearing agency funding are limited for the years 2009 to 2012, with 2.5 million euros per year.

(3) in accordance with the resources available are 30% of the required immediately for the construction of a plant referred to in paragraph 1 volume of investment (excluding land costs) as investment grant maximum grant, up to a maximum



1. up to a bottleneck capacity of 100 MW 300 Euro/kW;

2. when a bottleneck capacity of more than 100 MW to 400 MW 180 euro/kW;

3. from a bottleneck capacity of 400 MW 120 Euro/kW.

(4) compliance with the efficiency reference values that are harmonised by the European Commission in accordance with article 4 of Directive 2004/8/EC on the promotion of a thermal cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC, OJ No L 52 of the 21.02.2004 p. 50, as last amended by Regulation (EC) No. 219/2009, OJ No. L 87 of March 31, 2009 pp. 109, is a further prerequisite to the granting of investment aid.

(5) in calculating profitability also actual heat revenues are taken into account and to assume a life of the plant by 15 years.

Investment grants for small water power stations

Section 26 (1) the new direction, as well as the revitalization of a small hydroelectric power plant can be promoted by investment grant. Revitalization are eligible if the investment in small hydro power stations lead to an increase of the rule working capacity by at least 15%.

(2) to be applied for the granting of investment subsidies subsidies are limited to 16 million euros per year. In addition, once more 20 million euros of the amounts raised by the levy of the eco power package provided with the year following the entry into force of this federal law.

(3) for small hydropower plants with a bottleneck capacity of 500 kW, the amount of the investment grant with 30% of the investment volume of required immediately for the establishment or revitalization of the plant (excluding land costs) is limited, maximum however with 1 500 euros per kW. For small hydropower plants with a bottleneck capacity of 2 MW, the amount of the investment grant 20% is limited, maximum however at 1 000 euros per kW. For small hydropower plants with a bottleneck capacity of 10 MW, the amount of the investment grant at 10% is limited, maximum however with 400 euros per kW. For small hydroelectric power stations with a bottleneck capacity between 500 kW and 2 MW and 2 MW and 10 MW is to determine the amount of the investment grant in percent and in euros per KW by linear interpolation. In the case of restoration bottleneck capacity increase or the increase of the standard capacity converted on a fictional bottleneck capacity can be used for the calculation of the maximum investment subsidy either.

(4) the investment volume of the plant for an investment allowance is sought, as well as the educational needs are to be proved by an opinion of an independent expert, is to be determined by the Governor. The provisions of article 24 are, unless otherwise provided, mutatis mutandis apply subject to the proviso that at small hydro power stations in electrotechnical equipment by a lifetime of 25 years, with the rest of the plant by a lifetime of 50 years is.

(5) is taken within a period of 3 years after assurance of the investment grant by the Federal Minister of economy, family and youth in operating the plant, the investment grant application considered to be withdrawn and the assurance of the investment grant as forfeited. This period may be extended once for a further two years by the settlement agent for granting investment aid if there are particularly worthy of consideration reasons. The operation is to demonstrate through submission of the recognition decision in accordance with article 7, as well as a confirmation of the system operator of the settlement agency for investment grants.


(6) by way of derogation from section 24, the granting of investment subsidies for small hydropower plants under the following simplified conditions can be made:



1. for installations with a bottleneck capacity up to 50 kW of the investment grant amounts to EUR 1 500 per kW installed bottleneck capacity. As proof, merely an opinion of a technical expert on the strengthening of the bottleneck capacity in the context of new construction or revitalization is to provide in this case.

2. for installations with a bottleneck capacity of 50 kW to 100 kW, the amount of the investment grant with 30% of the investment volume of required immediately for the establishment or revitalization of the plant (excluding land costs) is limited, maximum with 1 500 euros per kW installed bottleneck capacity. As evidence, in this case, an opinion of a technical expert on the strengthening of the bottleneck capacity in the context of new construction or revitalization is to provide; the proof of the volume of investment required for the establishment or revitalization of the plant is carried out by the presentation of receipts to the processing facility for investment grants.

3. in the case of plants with a bottleneck capacity from 100 kW to 500 kW, the amount of the investment grant with 30% of the investment volume of required immediately for the establishment or revitalization of the plant (excluding land costs) is limited, maximum with 1 500 euros per kW installed bottleneck capacity. As evidence, in this case, an opinion of a technical expert on the strengthening of the bottleneck capacity in the context of new construction or revitalization is to provide; the investment volume of the plant for an investment allowance is sought, shall be demonstrated by an opinion of an expert designated by the operator.

4. a simplified procedure in the sense of no. 3 in conjunction with the guidelines according to § 30 para. 2 can be provided for the determination of the amount of educational needs for installations with a bottleneck capacity from 500 kW to 2 MW.

Investment subsidies for medium-sized hydropower stations

27. (1) the new construction or revitalization of a medium-sized hydropower plant can be promoted by investment grant. Section 26 paragraph 3 last sentence shall apply mutatis mutandis.

(2) to be applied for granting investment aid funding are limited to a total of 50 million euros. The eco power clearing agency has to do so until 2014 annually not more than EUR 7.5 million in funds to transfer.

(3) for a medium-sized hydropower plant the amount of the investment grant at 10% of the investment volume of required immediately for the construction of the plant (excluding land costs) is limited, maximum with 400 euros per kW as well as EUR 6 million per plant.

(4) the investment volume of the plant for an investment allowance is sought, as well as the educational needs are to be proved by an opinion of an independent expert, is to be determined by the Governor. The provisions of article 24 are, unless otherwise provided, mutatis mutandis apply subject to the proviso that in medium-sized hydropower plants in electrotechnical equipment by a lifetime of 25 years, with the rest of the plant by a lifetime of 50 years is.

(5) is taken within a period of 3 years after assurance of the investment grant by the Federal Minister of economy, family and youth in operating the plant, the investment grant application considered to be withdrawn and the assurance of the investment grant as forfeited. This period may be extended once for a further two years by the settlement agent for granting investment aid if there are particularly worthy of consideration reasons. The operation is to demonstrate through submission of the Anerkennungsbecheides pursuant to § 7, as well as a confirmation of the system operator of the settlement agency for investment grants.

2. section

Settlement of investment grants

Advisory Board

section 28. The advice of the Federal Minister of economy, family and youth in establishing the guidelines in accordance with article 30, as well as when deciding on the granting of investment aid in accordance with section 25 to section 27 and section 7 CHP act rests with the Energy Advisory Board (§ 20 Energy Control Act).

Settlement agent for investment grants

Section 29 (1) is carrying out the granting of investment aid in accordance with section 25 to section 27 to perform by the clearing agency for investment grants. In accordance with § 13c ÖSG, Federal Law Gazette I no. 149/2002, has the Federal Minister of economy, family and youth activity one handling the granting of investment aid already with the OeMAG settlement point for Ökostrom AG concluded the contract. After termination of this agreement to rewrite from the activity of the management body responsible under this Federal Act family and youth has the Federal Minister for Economic Affairs, and by applying the provisions of the Federal Procurement Act 2006, Federal Law Gazette I no. 17/2006, amended, to assign the best bidder. The contract requires the agreement with the Federal Minister of finance.

(2) the contract with the settlement agency for investment grants has to govern in particular:



1. the preparation and examination of the promotion request in accordance with the provisions of this Act and the respective policies;

2. the delivery of the prepared support request on the Energy Advisory Committee to advise the Federal Minister of economy, family and youth in terms of the promotion decision;

3. the conclusion of the agreements on behalf of the Federal Ministry for economy, family and youth with the support of advertisers, the settlement and the disbursement of development funds and control of compliance with the conditions of the promotion;

4. the recovery of granted investment subsidies;

5. the processing and the preparation of documents for the Energy Advisory Committee and the implementation of the decision of the Federal Minister of economy, family and youth;

6. the annual presentation of audited accounts no later than 1 may of the following year to the Federal Minister of economy, family and youth;

7. providing of an economic plan for the next year until the end of the financial year to the Federal Minister of economy, family and youth;

8. the submission of activity reports to the Federal Minister of economy, family and youth;

9. the supervision rights of the Federal Ministry of economy, family and youth;

10 reasons for contract resolution;

11. the Court of jurisdiction.

(3) for carrying out the promotion, a reasonable fee taking into account the cost of the settlement of similar promotions is to be set.

(4) the clearing agency has to run the business with the care of an ordinary entrepreneur. For carrying out the promotion is a separate accounting group.

(5) insight, to grant the administration of the documents in question, in particular in the promotion request and that is at any time the Federal Ministry of economy, family and youth.

(6) the Federal Ministry of economy, family and youth are to provide information about promotion request and the administration of the settlement agency, and to submit appropriate reports.

(7) for the examination of the activity of the processing agent in this federal law, the Federal Minister for Economics has to appoint an auditor family and youth, which is not identical with the external auditor to be ordered according to commercial law provisions. The auditor has to consider also the appropriateness of every year to be fixed remuneration and the costs. The auditor has the result of the audit to present to the Federal Ministry of economy, family and youth.

(8) they are costs linked to the handling of investment grants in accordance with section 25 to section 27 and the CHP Act for CHP, to cover small hydropower plants and medium-sized hydropower plants proportionally from the funds pursuant to § 45 of this Federal Act.

(9) the clearing agency has judicial enforcement of claims under this Federal Act on behalf of the Federal Minister for Economics, to represent family and youth in accordance with the provisions of the Pro curate urgesetzes, BGBl. No. 172/1945 by the Finanzprokuratur.

Guidelines for granting investment aid

Section 30 (1) of the Federal Ministry of economy, family and youth has issued guidelines for the implementation of the granting of investment aid.

(2) the guidelines have in particular provisions to include



1. the subject-matter of the investment subsidy;

2. eligible investment costs, in particular costs for investments, a) used in addition to the production of energy for other purposes (double occupancy), or b) promoted also by other federal or Landesförderprogramme, from the ability to support can be excluded if this is an efficient processing of funding or of compliance with Union law.

3. personal and objective conditions for obtaining investment subsidies;

4. proof of energy expediency of the project;

5. the procedures for the award of benefits by the recipient of the investment subsidies, where necessary;

6 magnitude and nature of the investment subsidies;

7 the proceedings concerning a) search (nature, content and facilities of documents);

b) payout mode;

c)

Reporting (final cut);

d) adjustment and recovery of the investment subsidies granted;

8. the Court of jurisdiction.

(3) in the case of the issuing of directives, the agreement with the Federal Minister of finance and the Federal Ministry of agriculture and forestry is to establish environmental and water management. The guidelines are to be published in the "Amtsblatt zur Wiener Zeitung". This announcement may be replaced by the announcement of the enactment of the directives, indicating the location of their existence in the "Amtsblatt zur Wiener Zeitung".

5.Teil

Eco power clearing agency

1 section

Concession and the Organization of eco power management

Exercise requirements

Section 31 (1) who is buying and selling of eco energy destined for in accordance with article 12 and article 13 contracting obligation, requires a licence. The concession by the Federal Minister of economy is to teach family and youth for the entire Federal territory.

(2) the licence shall be granted in writing and with the required terms and conditions are provided to ensure the tasks of the eco power settlement agency. The eco power clearing agency is obliged to establish an eco-balance group for each control area.

(3) in the case of a new award of the concession are the provisions relating to the tendering of service concessions apply.

Submission of the

§ 32. 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 technical and organizational infrastructure;

5. evidence of at least three years of practical experience in the timetable and balance group management.

6. the amount of initial capital without restriction and without stress free available to the boards in the country;

7. 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;

8. the name of the intended management boards and their qualification for the operation of the company.

Of a licence

33. (1) the concession for the eco power clearing agency is the Federal Minister for economy, in writing to teach family and youth for all zones and can be provided to ensure the tasks and conditions required for cost-effective compliance and requirements.

(2) a licence to engage in the activity of an eco power clearing agency may only be issued, if



1. the applicant inexpensively and safely to meet the tasks assigned to it by this law to the Agency is capable of;

2. 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 and which are no irreconcilable conflict of interest with the objectives and purposes of the eco-electricity Act;

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

4. the initial capital amounts to at least five million euros and this without restriction and without stress free is the boards of Directors and the management and administration of the company are best ensured by the personnel and material equipment of the company;

5. If any of the Board members exclusion is a reason within the meaning of § 13 para 1 to 6 GewO 1994;

6. against any board 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;

7. the Board members 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 the Executive Committee requires that this has sufficient knowledge of support mechanisms, EU aid and funding schemes and settlement of green electricity, as well as management experience; the professional competence for the management of a clearing agency is to assume if an at least three-year senior activity in relation to the electricity sector or accounting;

8. at least a Board has the Centre of its vital interests in Austria;

9. no Board of Directors exercising another main profession outside the company, is suitable to cause conflicts of interest;

10. the seat and headquarters in Germany are;

11. If the available settlement system complies with the requirements of a modern settlement system;

12. the neutrality, independence and the confidentiality of data compared with market participants and the efficient regional processing are guaranteed and the efficient regional settlement on at least a regional settlement agent for the zones in which the company has not established, is guaranteed.

(3) there are several applications for a licence, is the concession to issue the applicant who best meets the licensing requirements and the economic interest in a functioning electricity market and the purposes of the eco-electricity Act.

Concession withdrawal

Section 34 (1) of the Federal Ministry of economy, family and youth can take the concession back, if the eco power clearing agency activities



1. within a period of six months after the licence takes up or 2 more than a month does not exercise.

(2) the Federal Minister of economy, family and youth has the concession to take back, if



(1) it caused by incorrect information or deceptive acts or otherwise as is been surreptitiously 2 their obligations to their creditors does not satisfy the eco power clearing agency;

3. a licence requirement no longer exists according to § 33 para 2 after a licence or 4. the eco power clearing agency sustainable not properly and in accordance with fulfil their tasks.

Termination of the concession

35. (1) the licence expires:



1. by lapse of time;

2. in the event a resolution condition.

3. with their completion;

4. with the termination of the processing of the licence holder;

5. with the opening of bankruptcy proceedings against the assets of the eco power settlement agency.

(2) the termination of the concession by the Federal Minister for economics is to determine family and youth by ruling.

(3) the completion of a concession (paragraph 1 Z 3) is permitted only in writing and only if, before the management and administration of eco power clearing agency were taken over by eco power management elsewhere.

Change of ownership structure

36. (1) qualified participation in an eco power clearing agency anyone who intends a directly or indirectly to keep previously has the Federal Minister of economy to see family and youth, stating the amount of this contribution in writing.

(2) the Federal Minister of economy anyone who intends to increase, that the limits of 20 per cent, 33 per cent or 50 per cent of the voting rights or of the capital are met or exceeded or that the eco power clearing agency is its subsidiary, its qualified participation in an eco power clearing agency such has this previously in writing notify family and youth.

(3) the Federal Minister for economy, family and youth has to prohibit the intended participation, if that does not exist conditions laid down in section 31 or section 32 within three months after a notification pursuant to paragraph 1 or 2. Participation is not prohibited, as the Federal Minister of economy, family and youth may require an appointment until the you must be realized in intentions referred to in paragraph 4 and paragraph 5.

(4) the obligations referred to in paragraphs 1 and 2 shall apply in the same way for the intended task of a qualifying holding or falling below the limits for investments in an eco power management authority referred to in paragraph 2.

(5) the eco power clearing agency has the Federal Minister for Economics in writing without delay to display each purchase and each task of shares each reached and each parent - and falling below the limits of participation within the meaning of paragraph 2 and 4 family and youth, once she become aware of them. Also has the Federal Minister of economy the eco power clearing agency at least once a year in writing indicating the names and addresses of shareholders family and youth holding qualified shareholdings.

2. section

Eco power management

Tasks of the eco power management agency

The tasks of the eco power settlement agency are section 37 (1):



1. green electricity in accordance with section 12 and section 13 to contract;

2. the conclusion of a contract) with the remaining balance, control zone leaders, network operators and electricity companies (producers and electricity traders);

(b) with facilities, create the indexes, for the purpose of data exchange;

(c) with suppliers (producers and electricity traders), network operators, and balance on the transmission of data;

3.

the acquired pursuant to subpara 1 amounts of green electricity together with the corresponding guarantees of origin in accordance with the market rules to electricity traders, as far as they supply end users in Germany, to assign to the purchase price and the price referred to in article 10, paragraph 8 and paragraph 12 a day and charge. The assignment is done in the form of timetables at the respective balance sheet group, where the electricity traders is a member, in the ratio of the amounts of electricity emitted per calendar month to end users in the control area. The clearinghouses have automatically to provide the required data. For the calendar month, the ratio is calculated after a month, which is three months back. The value of the first full month is used for newly incoming electricity traders.

4. to ensure that in every eco-balance Group remained the same high percentage of green electricity final consumption is given, being volume I no. 149/2002, are promoted on the basis of any surcharges of the Governors according to § 30 par. 4 of the green electricity Act, Federal Law Gazette, not to include in the compensation;

5. creating forecasts about the future-powered eco-electricity and from it derive from schedules of the subject to contracting eco-electricity (article 12 and article 13) and its assignment to electricity traders, and pay attention to a lowest possible seizure of balance energy is;

6. the compliance with the requirements of the operators to monitor; in the case of a breach of duty, the eco power clearing agency is entitled to suspend the payment of the feed-in tariffs;

7 data matching with the KLI. EN Fund and other bodies to the prevention and investigation of funding abuses;

8. the rules of the market.

(2) the eco power clearing agency has the Federal Minister of Economics, to provide all data required for their supervision and reporting requirements on request family and youth, as well as the E-control. In addition the provision of section 47 applies ElWOG mutatis mutandis. It has to provide the data required for the establishment of a register database for origin in electronic form E-control.

(3) the eco power clearing agency has all organizational arrangements to meet to fulfill their tasks. She has an eco-balance group for each control area set up and performs the function of the Ökobilanzgruppenverantwortlichen.

(4) the eco power clearing agency is obliged to exhaust all possibilities of the minimization of expenses for the balance energy. It is empowered to everyone to respect the timetables take necessary measures, including the purchase and sale of electric energy to carry out. She must separately estimate the expenses necessary for wind turbines for balance energy in the balance sheet to represent.

Eco-balance group

Section 38 (1) in the eco-balance group in each control area are grouped together, for the a Contracting obligation pursuant to article 12 and article 13 claim all eco-electricity plants. Operators of eco-electricity plants, which take the contracting obligation pursuant to article 12 and article 13 claim, are as a member in the eco-balance group.

(2) for the eco-balance group is to charge no clearing of the balance Group Coordinator and there are no collateral to be deposited with the clearing houses. The eco power clearing agency is exempt particularly in beyond-rule zone schedules of charges for the use of power or for the power losses.

General terms and conditions

39. (1) the eco power clearing agency has the contracts mentioned in article 12 to section 15 and section 37, to finish as far as no. 4, relating to the contracting and the allocation of eco-electricity, including the compensation referred to in article 37, paragraph 1, on the basis of policies. The policies require the approval of the E-control.

(2) the General conditions have particular provisions to contain:



1. implementing, dates and methods of payments;

2. transmission of data and to data formats;

3. nature and extent of forecasts of supply-in schedules;

4. modalities of balancing the amount of green electricity and compensation in accordance with § 37 para. 1 No. 4.

(3) the permit is, if necessary, under notices of payment due requirements to grant conditions and limitations, if the General conditions for the performance of the circumscribed tasks are suitable in the article 12 to section 15 and section 37 and section 38.

(4) the eco power handling agency undertakes prompt E-control to change policies or to recreate.

Obligations of electricity traders, eco power plant operators and network operators

The electricity traders are 40th (1) committed to the them in accordance with § 37 para. 1 Z 3 to remove green electricity assigned to as well as the related proofs of origin and the eco power settlement agency the fee anyway, in the amount of the purchase price in accordance with section 41, paragraph 2, as well as of the price established in accordance with article 10, paragraph 8 and paragraph 12 monthly to be paid.

(2) the eco power plant operators and network operators have supported the data required for an optimal timetable compilation and minimization of the balancing energy needs, as the gang lines of electricity for past periods and forecast values, the eco power settlement agency on meteorological and hydrological base data, to provide. Schedules, which handle are on the respective balance, are taking to minimize the cost of balancing of the eco power settlement agency to create and to take over from the balance.

(3) the electricity traders have them in accordance with § 37 para. 1 No. 3 green electricity assigned to as well as the corresponding origin exclusively for supplying its customers in the domestic to use.

Calculation of the price of electricity market

41. (1) has the E-control to calculate the average market price of base-load electricity at the end of each quarter and publish. This value is calculated as the arithmetic average of the European energy exchange (EEX) set prices for the next four consecutive following baseload quarter (baseload quarter futures). For determining the appropriate quotes the last five trading days of the immediately preceding quarter are to be used. Should it no longer be published by EEX, comparable quotes of the EEX or another relevant power exchange are to be used.

(2) that are assigned to quantities of electricity according to the day-ahead spot market of hours price for the market area Germany/Austria of a recognised representative power exchange with siebentägigem trade, which operates delivery areas in Austrian control zones, to charge. No price could be determined, the previous day's respective product price is payable. Negative rates should be determined, is to pay a price of 1 cent per MWh.

(3) the applicable to the calculation of the additional annual support volume market price according to § 23 para 5 is by the average which published four quarterly values determined in the preceding calendar year referred to in paragraph 1.

3. section

Eco power processing

Compensation of additional expenses of the eco power settlement agency

Z are section 42 (1) the eco power settlement agency, taking into account a reasonable return on capital employed within the meaning of § 33 para 2 apply off 4 following additional expenses:



1. the difference in amounts, arising from the expenses for the contracting of res and the proceeds from the sale of green electricity, as well as the origin, with the expenses borne by the countries referred to in Article 10a paragraph 9 of the eco-electricity Act, Federal Law Gazette I no. 105/2006, to pull in the version of Federal Law Gazette I no. 149/2002,

2. the administrative and financial costs associated with the tasks of the eco power settlement agency;

3. the expenses for the balancing energy;

4. the expenses for the granting of a) of surcharges in accordance with section 21 or in accordance with section 11, paragraph 1, of the green electricity Act, Federal Law Gazette I no. 149/2002, as amended by Federal Law Gazette I no. 104/2009;

(b) of surcharges in accordance with section 22 or in accordance with section 11a of the eco-electricity Act, Federal Law Gazette I no. 149/2002, as amended by Federal Law Gazette I no. 104/2009;

5. the expenses for technology funding of the countries referred to in section 43.

(2) any differences arising collected funds and the additional expenditures referred to in paragraph 1 in a calendar year among according to § 44-§ 48, are technically balance sheet income statement to differentiate and to compensate in the next calendar year by adjusting the eco power funding contribution. A balanced result between the in the following year to anticipated additional expenditure, as well as the revenues projected in this period, is aiming for. The remaining, covered by revenues part of the additional expenditure of a financial year, is to apply in the financial statements of the eco power settlement agency as asset and settle with the revenue recoverable in the future eco-power subsidy. Exceed the revenues the additional expenses in a calendar year, so are these surpluses as offsetting liabilities in the balance sheet of the eco power settlement agency to adjust and settle with the increased revenue in the future eco power funding contribution will be deducted.


(3) the Federal Minister for economy, family and youth has to consider the additional expenses of the eco power settlement agency in the context of its supervisory work.

(4) that paragraph are aliquot expenses in accordance with 1 Z 2 Z 3 and Z 5, where necessary after technologies separated, to determine on the basis of the previous year's figures annually by an opinion of the E-control and to publish the eco power settlement agency. The costs caused by the respective technology in previous years are adequately taken into account.

Allocation of technology funds to countries

§ 43.(Verfassungsbestimmung) (1) is the countries for the promotion of new technologies to the eco-electricity generation, excluding hydro power, sewage sludge, animal meal and lye down, as well as for the promotion of energy efficiency programs a total of seven million euros a year to provide. Be measured according to the ratio of the output of electricity from public networks to end users in the country in a calendar year is the amount to be refunded to the countries.

(2) on the use of these funds to submit a written report is separated at the Federal Ministry for economy, family and youth, as well as on the E-control from each country no later than 30 June of the following year. Anyway, the supported green power projects with performance, technology and annual power generation as well as the supported energy efficiency programs each with indication of the extent of the support must be indicated in this report.

6 part

Application and management of funds

1 section

Application of funds

Application of funds

§ 44. The funding will be applied:



1. from the eco power package in accordance with section 45;

2. from the sale of renewable energy, as well as the corresponding guarantees of origin to the electricity traders at the purchase price on the basis of the assignment in accordance with section 37 in conjunction with article 40;

3. from the eco-current funding contribution established in accordance with section 48;

4. from the collected amounts pursuant to § 55 imposed the administrative penalties;

5. of interest veranlagten of funds;

6. by other allowances.

Eco power package

Section 45 (1) of all consumers connected to the public network is to make an eco power package in euro per reporting point pursuant to § 5 para 1 Z 25, which is to make and to raise with the relevant network use charge by the consumers connected to their networks by operators in invoice.

(2) the eco power package is including 2014 calendar year:



1. for the network users connected to the network layers 1 to 3 35 000 euro;

2. for the network users connected to the network layers 4 35 000 euro;

3. for the network users connected to the network levels 5 5 200 EUR;

4. for the network users connected to the network layer 6 320 euros.

5. for the network users connected to the network layer 7 11 euros.

(3) in the case of a use of the network of less than one calendar year one-twelfth of the respective eco electricity allowance referred to in paragraph 2 is a new calendar month payable.

(4) for 2014 following years of Federal Minister for Economics has the calendar year, every three years with regulation to redetermine the eco power packages applicable to the various levels of power family and youth. It is to go out by following criteria:



1. from those responsible for the promotion of green electricity, including investment grants for lye down and promotions according to CHP-law, necessary funds are based on forecasts, 38% by those means to cover small and medium-sized hydroelectric power, which are captured by the eco power package

2. the eco power packages designated in paragraph 2 are in the same ratio to adjust so that 38% of the funds will be covered by funds collected from the withholding of the eco power package.

(5) the proceeds of the eco power package can be used to cover the following expenses:



1. reimbursement of costs and investment grants in accordance with § 7 and § 8 CHP Act;

2. investment grants to lye down in accordance with article 25;

3. investment grants for small and medium-sized hydroelectric power in accordance with article 26 and article 27;

4. If funds remain after deduction of expenses in accordance with Z 1-Z 3, the overcost of eco power settlement agent for eco-electricity (§ 42).

Exemption from the obligation to pay the eco power package

Persons belonging in accordance with § 3 to the eligible persons, telephone fee subsidy law are section 46 (1), each for their main residence exempt from obligations relating to the payment of the eco power package.

(2) for the procedure, the limitation in time of the liberation, the information, template - and reporting and the end of the grant performance § 4, § 5, article 7, article 8 and article 12, paragraph 1 shall apply telephone fee subsidy law mutatis mutandis, where the GIS fees Info Service GmbH has to give information about the conditions of eligibility as well as the applicants the E-control, as well as the respective network operator upon request at any time.

(3) the E-control can by regulation detailed provisions in particular over



1. to be followed for determining the exemption procedure as well as the assertion of the liberation by the beneficiaries, 2. the period within which the eco power package against the beneficiary no longer billed must be installed and within which the eco power fee paid after the occurrence of the exemption by the operators to the beneficiaries to refund or credit is, 3. are the obligation of the beneficiary immediately to announce a change in the income, as well as an explicit reference to the obligation of the beneficiary , 4. further rules on information and dissemination of data to the extent required to adopt 5. an adequate compensation of benefits of GIS fees Info Service GmbH by the eco power clearing agency. The regulation has a rapid, to ensure simple and economical administration handling of tasks of GIS fees Info Service GmbH.

(4) the transmission of data of GIS fees Info Service GmbH E-control and network operators as well as the transmission of data of operators in the GIS fees Info Service GmbH for the purpose of this provision is allowed.

(5) the void with the loss of at least one of the conditions for exemption referred to in paragraph 1 and injury information, template - or reporting obligations in accordance with § 7 telephone fee subsidy law. The GIS fees Info Service GmbH has this time to inform the persons concerned as well as the network operator. Wrongly obtained financial benefits are to reclaim the GIS fees Info Service GmbH and to dissipate on the eco power clearing agency.

(6) in disputes between the GIS fees Info Service GmbH and the persons involved, the courts decide.

Collect the eco power package

The collected funds are 47th (1) by operators to be paid quarterly to the eco power clearing agency. The eco power clearing agency is entitled to its eco power fee in advance and to collect quarterly against subsequent settlement. The network operators and the clearinghouses have the eco power settlement agency to provide necessary data and other information all for the design and need the eco power package.

(2) the eco power package is separately on the invoices for the use of power or to charge separately. The categories included in the eco power package (CHP, small hydropower plants, medium-sized hydropower plants, as well as other eco-electricity plants) are to lead.

(3) in the case of non-payment of the eco power package by end users, network operators are obliged to take the necessary measures to the extra-judicial or judicial collected in making of the eco power package. The courts decide in disputes between operators and end users as well as the eco power settlement agency and network operators, especially on performance of the eco power package.

Eco power subsidy

Section 48 (1) to cover the extra costs of the eco power settlement agency in accordance with section 42, minus the expenses covered by the eco power package, is an eco power subsidy in relation to the respective payable encompassing and system loss charges of all consumers connected to the public network.

(2) the Federal Minister for economy, family and youth has an eco electricity subsidy to set a year in advance through regulation. On a nationwide uniform load of customer per network level, caution is to take when calculating the surcharges. Periodic adjustments are allowed.

(3) the eco power subsidy is to make the operators charged and to raise together with the respective system license fee by the consumers connected to their networks. The collected funds are by operators to be paid monthly on the eco power clearing agency.


(4) the eco power clearing agency is entitled to its the eco power subsidy in advance and to introduce monthly against subsequent settlement. The eco power subsidy is separately on the invoices for the use of power or to charge separately. The network operators and the clearinghouses have to provide all the data required for the assessment of the eco power funding contribution and other information the eco power settlement agency.

(5) in the case of non-payment of the eco power funding contribution by consumers, network operators are obliged to take the necessary measures to the extra-judicial or judicial collected in making of the eco power funding contribution. In disputes between operators and end users as well as the eco power settlement agency and network operators, in particular on the performance of the eco power funding contribution, the courts decide.

Costs capping for low-income households

Who among telephone fee subsidy law the eligible persons pursuant to article 3, are 49 (1), each for their main residence exempt from obligation to pay a 20 euro of excess eco power funding contribution.

(2) for the procedure, the time limit of the cost CAP, information, template - and reporting and the end of grant performance § 4, § 5, article 7, article 8 and article 12, paragraph 1 shall apply telephone fee subsidy law mutatis mutandis, where the GIS fees Info Service GmbH has to give information about the conditions of eligibility as well as the applicants the E-control, as well as the respective network operator upon request at any time.

(3) the E-control can by regulation detailed provisions in particular over



1. to be followed for determining the cost limit offence procedures as well as the assertion of the liberation by the beneficiaries, 2. the period within which the exceeding 20 euro eco power subsidy towards the beneficiary no longer billed must be installed and within which the eco power subsidy paid too much after the occurrence of the cost limit offence by the operators to the beneficiaries to refund or credit is, 3 are the obligation of the beneficiary , change the income immediately to announce as well as 4 more explicit reference to this obligation of beneficiaries, rules on information and dissemination of data to the extent required to adopt 5. an adequate compensation of benefits of GIS fees Info Service GmbH by the eco power clearing agency. The regulation has a rapid, to ensure simple and economical administration handling of tasks of GIS fees Info Service GmbH.

(4) the transmission of data of GIS fees Info Service GmbH E-control and network operators as well as the transmission of data of operators in the GIS fees Info Service GmbH for the purpose of this provision is allowed.

(5) the void with the loss of at least one of the conditions for exemption referred to in paragraph 1 and injury information, template - or reporting obligations in accordance with § 7 telephone fee subsidy law. The GIS fees Info Service GmbH has this time to inform the persons concerned as well as the network operator. Wrongly obtained financial benefits are to reclaim the GIS fees Info Service GmbH and to dissipate on the eco power clearing agency.

(6) in disputes between the GIS fees Info Service GmbH and the persons involved, the courts decide.

2. section

Management of funds

Funding account

Section 50 (1) the management of funding has the eco power clearing agency to set up an account.

(2) the management of the account is whether the eco power settlement agency. She has the interest to invest. The Federal Minister of economy, family and youth, which is E-control, as well as the consulted experts to provide access to all documents at any time.

(3) the eco power clearing agency has to transfer the funds for the grants of power heat cogeneration plants in accordance with § 8 CHP Act (support for existing power heat cogeneration plants) quarterly E-control. Funds for the funding referred to in § 7 KWK law (investment grants for new CHP) as well as in accordance with section 25 to section 27 (investment grants for lye from small hydro-power and medium hydropower) are transferred quarterly to the processing facility for investment grants.

7 part

Other provisions

Monitoring

51. (1) has the E-control constantly to monitor the achievement of objectives in accordance with § 4 and provide information on developments, which are the objectives an obstacle. The Federal Minister of economy, family and youth is immediately from these developments to inform.

(2) the Federal Ministry of economy, family and youth is responsible for the supervision of the eco power clearing agency.

(3) the eco power clearing agency under the control of the Court of Auditors regardless of their ownership.

(4) the settlement agency for investment grants under the control of the Court of Auditors with regard to its activities under this Act.

(5) the eco power clearing agency is entitled to the performance of their duties deriving from this federal law in the business records of the operators of plants, which have concluded a contract in accordance with section 15 or section 29 to inspect.

Reports

52. (1) has the E-control each year to submit a report the Federal Ministry of economy, family and youth and the National Council, where analysed to what extent the objectives of the Act, made what changes when compared to previous years and what impact this has for the consumer. In the report, detailed analysis on the extent and cause of the electricity development are complemented with action options to reduce of power consumption to lead. Suggestions for improvement or adaptation of support schemes and other provisions of this Act can be included in the report. Moreover, the report should include the quantities as well as the cost of electrical energy from plants on the basis of photovoltaic, geothermal energy, wind power, wave and tidal energy, biomass, landfill gas, sewage treatment plant gas and biogas.

(2) the Federal Minister for economy, family and youth has to submit a report to the National Council, if the objectives of this Federal Act pursuant to section 4 are met.

(3) the Federal Minister for agriculture and forestry, environment and water management has the processing status of permit applications for the establishment, to publish extension or adaptation of water turbines annually by no later than the end of March of the following year.

(4) the eco power settlement agent has to report the Energy Advisory Board every year comprehensively on its activities.

Proceedings before issue of regulation

Section 53 (1) of the Federal Ministry of economy, family and youth may invite in particular experts to establish the conditions necessary for the issuing of regulations, which are the Federal Ministry of economy, family and youth, as well as the E-control available.

(2) the nominated representatives of the Energy Advisory Committee are each issuing a regulation under this federal law (section 20 Energy Control Act) to provide information and to give them opportunity to comment.

Information disclosure

§ 54.(Verfassungsbestimmung) electricity companies as well as companies which are concerned with the issue of guarantees of origin are obliged to provide the competent authorities access to all documents and records 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.

General penalty provisions

Section 55 (1) unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts or threatened after other administrative penal provisions more stringent punishment, commits an administrative offence and is fined to punish with up to 20 000 euro, who does not fulfil his obligation to information and granting inspection in accordance with section 54.

(2) unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts or threatened after other administrative penal provisions more stringent punishment, commits an administrative offence and is fined to punish with up to 13 000 euros, who



1. the obligation to issue guarantees of origin in accordance with § 10 not to comply;

2. his obligations in accordance with § 37 not;

3. its obligations pursuant to section 40 does not.

(3) fines imposed under this Federal Act, go to the account set up in the framework of the eco power processing centre for eco-electricity pursuant to § 50.

8. part

Transitional provisions and entry into force

General transitional provisions


Section 56 (1) (constitutional provision) for the existing systems, which apply at the time of entry into force of this federal law on a upright contracts with eco power clearing agency if nothing special is determined, continue the applicable federal or State regulations. In particular, § 7 para 4, § 8 paragraph 2 to paragraph 4, § 10, § 11, § 13, § 14 para 1 and para 5, § 17, § 18 paragraph 2 to paragraph 5, § 21 para 2 and para 3, § 22 and § 51 para 4 for these systems apply.

(2) the existing licence of the eco power settlement agency, as due to the green electricity Act, Federal Law Gazette I no. 149/2002, was granted, be preserved. As long as nothing else is determined, the eco power clearing agency in the performance of their tasks in accordance with this federal law has to consider themselves as a result of subsequent novels of this federal law changed legal situations.

(3) on the basis of the eco-electricity Act, Federal Law Gazette I apply no. 149/2002, adopted decisions and regulations, insofar as no separate is determined, continue even after entry into force of this federal law.

(4) requests, which I no. 149/2002, were drawn on the basis of the eco-electricity Act, Federal Law Gazette, remain valid in accordance with the General provisions of this law, as well as the following provisions:



1 for wind turbines an immediate contracting the eco power clearing agency at a rate of 9.7 cents/kWh obligation, as far as the equipment at the time of entry into force of this provision in the calendar year 2012 or 2013 would receive a contract with the eco power settlement agency, and at a rate of 9.5 cents / kWh, as far as the equipment for a contracting during the calendar year are lined 2014 or later.

2. for photovoltaic systems an immediate contracting the eco power settlement agency is compulsory in accordance with the volume of available support in accordance with article 23, paragraph 4 as follows: contracting according to the waiting list in the calendar year





requested rate of 25 cents / kWh





requested rate of 33 cents / kWh





requested rate of 35 cents / kWh





requested rate of 38 cents / kWh







2012





2.5% discount





5% discount





6% discount





7.5% discount







2013





7.5% discount





10% discount





11% discount





12.5% discount







2014





12.5% discount





15% discount





16% discount





17.5% discount







2015 or later





17.5% discount





20% discount





21% discount





22.5% discount





The applicant of a request I no. 149/2002, established on the basis of the eco-electricity Act, Federal Law Gazette, has two months from entry into force of that provision or, if the application was made after the entry into force, to make the request for immediate contracting at the eco power settlement agency for application. In the opposite case, a contracting by the eco power clearing agency is carried out in accordance with the contracting date for the particular plant at the time of entry into force of this provision and one dining fare. Applications that are provided after entry into force of this provision in the year 2011, are arranged as in the year 2015. § 15 paragraph 5, last sentence and paragraph 6 shall apply mutatis mutandis.

Entry into force

§ 57.(Verfassungsbestimmung) (1) are the provisions of this Federal Act, as far as nothing else is starting with the approval or prohibition of not by the European Commission in accordance with article 108 TFEU, following Quartalsersten into force, after a four-month period, paragraph 3. The Federal Minister of economy, family and youth has to be published that date in the Gazette. At the same time appear with the entry into force of the provisions of the eco-electricity Act, Federal Law Gazette I no. 149/2002, as amended by Federal Law Gazette I no. 104/2009, as far as nothing else is determined override.

(2) contact the day following the announcement of this Federal Act into force § 1, § 23 para 4 and § 56 para 4.



Enforcement



section 58. Involved with the execution of this federal law:



1 (constitutional provision) With regard to § 1, § 43, article 54, article 56, paragraph 1, section 57 and section 58 No. 1 the Federal Government;

2. in terms of section 19 of the Federal Ministry of economy, family and youth in agreement with the Federal Minister of agriculture and forestry, environment and water management and the Federal Minister for Social Affairs and consumer protection;

3. with regard to section 29 para 1 of the Federal Ministry of economy, family and youth in agreement with the Federal Minister of finance;

4. with regard to article 30 par. 3 of the Federal Ministry of economy, family and youth in consultation with the Federal Ministers of finance and of agriculture and forestry, environment and water management;

5. with regard to article 52 par. 3 of the Federal Ministry of agriculture and forestry, environment and water management;

6. in the rest of the Federal Ministry of economy, family and youth.

Fischer

Faymann



Appendix 1

Waste with high content of biogenic pursuant to § 5 para 1 subpara 1

 

Waste with high content of biogenic are defined by the assigned five-digit key number and, where appropriate, by the additional two-digit specification in accordance with annex 5 of the waste directory regulation 2 types of waste listed below in table 1 and (with the specified constraints) table. Subsets of types of waste, which listed are not in tables 1 and 2, are not considered wastes with high content of biogenic and biomass.

 

Table 1: High content of biogenic waste

 





Key number and specification





Waste designation and specification







12





Waste of vegetable and animal fat products







123





Wastes from the production of vegetable and animal fats and waxes







12301





Waxes







125





Emulsions and mixtures of vegetable and animal fat products







12501





Contents of grease traps







12503





Oil -, grease - and wax emulsions







17





Wood waste







171





Wood waste from the treatment and processing







17104





Wood dust from sanding and slurries







17104 01





Wood dust from sanding and slurries - (from) behandeltes(m) wood







17104 02





Wood dust from sanding and slurries - (of) demonstrable exclusively mechanical behandeltes(m) wood







17104 03





Wood dust from sanding and slurries - (from) behandeltes(m) wood, free of harmful substances







17114





Dust and mud from the particle board production







17115





Chipboard waste







172





Wood waste from the application







17202





Construction and demolition wood 1)







17202 01





Construction and demolition wood - (from) behandeltes(m) wood 1)







17202 02





Construction and demolition wood - (of) demonstrable exclusively mechanical behandeltes(m) wood







17202 03





Construction and demolition wood - (from) behandeltes(m) wood, free of harmful substances







17207





Railway sleepers







17209





Wood (E.g. poles and masts), creosote impregnated







17209 88





Wood (E.g. poles and masts), creosote impregnated - out considered







18





Pulp, paper and cardboard wastes







184





Wastes from the processing of cellulose







18401





Paper residues (spitting substances) without waste paper processing







187





Paper and cardboard wastes







18702





Paper and paperboard, coated







19





Other wastes from the processing and refining animal and plant products







199





Other wastes from the processing and refining animal and plant products







19909





Sud boiler residues (SOAP making)







94





Waste from water treatment, wastewater treatment and water use







947





Residues from the sewer and wastewater treatment (excluding sludge)







94705





Content from grease traps







949





Wastes from the use of the waters







94902





Screenings from computing systems of power plants





 



(1) excluding salt-impregnated wood [Note: salt-impregnated timbers can involve a high input of heavy metals (lead white, CFA salts, etc.) is not destroyed in the thermal treatment].

 

Notes to table 1:

The solids content of the above mentioned waste consists predominantly (over 90%) of organic carbon. Thereby, we can distinguish three groups of waste:

Group 1:


The following wastes are derived directly or indirectly (in the form of cellulose or lignin) from wood, which represents the oldest bio fuel:

17104 (if necessary with specification), 17114, 17115, 17202 (if necessary with specification), 17207, 17209 (if necessary with specification), 18401 94902

The solids content of such waste is the predominant portion of organic carbon of biological origin (in the form of cellulose and lignin). The calorific value of the dry matter is on the order of 20 MJ/kg.

Group 2:

The following wastes are derived primarily from animal and vegetable fats. The amount of carbon is biological in origin and is essentially in the form of glycerides and fatty acids. The calorific value of the organic matter is thus very high (order of 30 MJ/kg).

12301, 12501, 12503, 19909, 94705

Group 3:

The following wastes represent a bond between the waste of Group 1 and synthetic polymers (PE, etc.) or metals (Al). The specific calorific value which is not biological units but higher than those of biological interest, still outweighs the calorific value of biological units in the mix to much more than 50% (the calorific value of PE lies though about twice as high as those of paper, but is the plastic portion usually under 25%).

18702

 

 

Table 2: Waste with high proportion of biogenic, insofar as such a biological recovery not possible or is preferable

 





Key number and specification





Waste designation and specification







11





Food and beverage waste







111





Waste from the food processing industry







11102





layered food







11103





Husk, husk - and grain dust







11104





Seasonings residues







11110





Molasses







11111





Dough







11112





Beet chips, beet cocks







114





Waste from food production







11401





layered luxury food







11402





Tobacco dust, tobacco Grus, tobacco ribs







11404





Malt grains, malt sprouts, malt dust







11405





Hop beer pellet







11406





Stripping - and swimming barley







11415





Pomace







11416





Manufacturing residues of coffee (E.g. Fried goods and extraction residues)







11417





Manufacturing residues of tea







11418





Cocoa production residues







11419





Yeast and yeast-like residues







11423





Residues and waste from the production of fruit juice







117





Wastes from the production of animal feed







11701





Feed







11702





layered feed







12





Waste of vegetable and animal fat products







121





Wastes from the production of vegetable and animal oils







12101





Oilseed residues







12102





rotten vegetable oils







123





Wastes from the production of vegetable and animal fats and waxes







12302





Fats (E.g. frying oils)







127





Sludges from the production of vegetable and animal fats







12702





Sludge from the production of cooking oil







12703





Sludge from the production of cooking oil







12704





Centrifuge sludge







129





Refining residues resulting from the treatment of vegetal and animal fats







12901





Bleaching Earth, containing oil







17





Wood waste







171





Wood waste from the treatment and processing







17101





Bark







17102





Rinds, splinters from natural, clean, uncoated wood







17103





Saw dust and sawdust from natural, clean, uncoated wood







172





Wood waste from the application







17201





Wood tool cabinets and wood waste, not contaminated







17201 01





Wood tool cabinets and wood waste, wood not contaminated - (from) behandeltes(m)







17201 02





Wood tool cabinets and wood waste, wood not contaminated - (of) demonstrable exclusively mechanical behandeltes(m)







17201 03





Wood tool cabinets and wood waste, wood, free of harmful substances not contaminated - (from) behandeltes(m)







17203





Wood wool, not contaminated







18





Pulp, paper and cardboard wastes







181





Wastes from the manufacture of pulp







18101





Residues from the pulp production (spitting substances and branches)







19





other wastes from the processing and refining animal and plant products







199





other wastes from the processing and refining animal and plant products







19901





Thick mud







19903





Gelatine waste







19904





Residues from the production of potato starch







19905





Residues from the production of corn starch







19906





Residues from the production of rice starch







19911





Bowel wastes from processing







53





Waste Pflanzenbehandlungs - and pesticides as well as pharmaceutical products and disinfectants







535





Waste of medicinal products







53504





Grounds of medicinal plants







91





Solid waste including similar commercial waste







916





Market waste







91601





Viktualienmarkt waste







917





Green waste







91701





Garden and Park wastes and other biogenic wastes that do not meet requirements of compost regulation as amended







94





Waste from water treatment, wastewater treatment and water use







949





Wastes from the use of the waters







94901





Residues from the water cleaning (Bach departure, Abmäh - and fishery goods)





 

Notes to table 2:

The waste referred to in table 2 are of biological origin (animal and plant products) and contained in the solid substance primarily hydrocarbon compounds; they can be split again into three groups:

Group 1:

"Native" biological material, i.e. plants, parts of plants (including extraction residues) and animal tissues in their natural composition. The solids content consists mainly of biologically fixed carbon in the form of cellulose/lignin (cell-wall, store body), protein and glycerides (cell membrane, memory body). A "antropogener" share is low (possibly as an impurity from the collection).

11103, 11104, 11112, 11402, 11404, 11405, 11406, 11415, 11416, 11417, 11418, 11419,11423, 12101, 12102, 12302, 17101, 17102, 17103, 17201 (if necessary with specification), 17203, 18101, 19901, 19903, 19904, 19905, 19906, 19911, 53504, 91601, 91701, 94901

Group 2:

Plant and animal substances processed to food: the solids content of such waste is predominantly biological origin with low proportions (inorganic) fillers and possibly packaging remains.

11102, 11110, 11111, 11401, 11701, 11702, 12702, 12703, 12704

Group 3:

Processing residues with a high proportion of inorganic, whose organic Anteil but is entirely biogenic origin.

12901