Key Benefits:
Federal Law on the Promotion of Electricity Production from Renewable Energy Sources (Ökostromgesetz 2012-ÖSG 2012)
The National Council has decided:
table of contents
| Part 1 |
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| General provisions |
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| § 1. Constitutional provision |
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| § 2. Scope |
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| § 3. Implementation of Union law |
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| § 4. Objectives |
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| § 5. Definitions |
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| Part 2 |
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| Assets |
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| § 6. Network connection of assets |
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| § 7. Recognition of installations |
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| § 8. Obligations of applicants and plant operators |
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| § 9. Content of the Recognition Mods |
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| § 10. Guarantees of origin for green electricity |
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| § 11. Recognition of proofs of origin for green electricity from other countries |
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| Part 3 |
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| Operations promotion |
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| Section 1 |
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| General obligation to contract |
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| § 12. Duty of contrasting to fixed feed-in tariffs |
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| § 13. Contrasting to market prices |
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| § 14. Special provisions on the obligation to contract |
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| § 15. Application and conclusion of the contract |
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| § 16. Duration of the general contraa |
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| Section 2 |
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| Special contra-obligations |
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| § 17. Succession tariffs for raw material-dependent green power plants |
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| Section 3 |
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| Feed-in tariffs |
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| § 18. General provisions on feed-in tariffs |
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| § 19. Authorisation |
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| § 20. Criteria for the dimensioning of the feed-in tariffs |
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| Section 4 |
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| Supplement to feed-in tariffs |
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| § 21. Technology and KWK-Bonus |
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| § 22. Operating Cost surcharge |
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| Section 5 |
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| Support Volume |
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| § 23. Support Volume |
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| Part 4 |
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| Support for the construction or revitalization of plants |
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| Section 1 |
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| Investment grants |
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| § 24. General provisions |
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| § 25. Investment grants for waste-based plants |
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| § 26. Investment grants for small-scale hydropower plants |
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| § 27. Investment grants for medium-sized hydropower plants |
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| Section 2 |
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| Implementation of investment grants |
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| § 28. Advisory Council |
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| § 29. Resolution point for the granting of investment grants |
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| § 30. Guidelines for the granting of investment grants |
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| Part 5 |
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| Eco-downstream Unit |
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| Section 1 |
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| Concession and organisation of the green-current winding site |
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| § 31. Exercise Requirements |
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| § 32. Application |
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| § 33. Concession |
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| § 34. Concession Withdrawal |
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| § 35. Quenchment of the concession |
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| § 36. Change in participation conditions |
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| Section 2 |
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| Eco-flow handling |
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| § 37. Tasks of the Eco-downstream Unit |
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| § 38. Eco-balance groups |
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| § 39. General conditions |
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| § 40. Obligations of electricity traders, green electricity system operators and network operators |
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| § 41. Calculation of the electricity market price |
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| Section 3 |
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| Cost of eco-electricity processing |
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| § 42. Diversion of the additional costs of the green-current winding site |
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| § 43. Allocation of technology resources to the countries |
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| Part 6 |
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| Application and management of funding |
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| Section 1 |
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| Application of the funding |
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| § 44. Application of the funding |
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| § 45. Eco-electricity |
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| § 46. Exemption from the obligation to pay the green electricity |
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| § 47. Recharging of the green electricity |
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| § 48. Green Electricity Contribution |
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| § 49. Cost coverage for low-income households |
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| Section 2 |
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| Management of funding |
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| § 50. Fund Account |
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| Part 7 |
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| Other provisions |
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| § 51. Monitoring |
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| § 52. Reports |
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| § 53. Procedure before Regulation |
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| § 54. Obligation to provide information |
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| § 55. General criminal provisions |
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| 8. Part |
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| Transitional provisions and entry into force |
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| § 56. General transitional provisions |
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| § 57. entry into force |
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| § 58. Enforcement |
Part 1
General provisions
Constitutional provision
§ 1. (constitutional provision) The dismissal, cancellation and enforcement of regulations, as contained in this Federal Act, are also in the matters of the Federal Republic, with regard to which the B-VG determines otherwise. The matters governed by these provisions may be directly provided by the bodies provided for in this Federal Law.
Scope
§ 2. (1) This federal law governates
| 1. |
the proofs of the origin of electrical energy from renewable sources; |
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| 2. |
Guarantees of origin for green electricity as well as the recognition of guarantees of origin from another EU Member State, an EEA State Party or a third country; |
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| 3. |
the conditions for and promotion of the production of electrical energy from renewable energy sources; |
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| 4. |
the application of the appropriations for the expenditure incurred by promoting the production of electricity from renewable energy sources. |
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(2) The subject of the promotion shall be in particular the following areas:
| 1. |
to promote the production of green electricity through fixed prices, to the extent that there is an obligation to concontract the ecocurrent management body; |
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| 2. |
to promote the establishment or revitalisation of certain investments through investment grants; |
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| 3. |
Provision of operating cost surcharges for green electricity plants based on liquid biomass or biogas. |
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Implementation of Union law
§ 3. This law implements the following directives:
| 1. |
Directive 2009 /28/EC on the use of energy from renewable sources and amending and subsequently repealing Directives 2001 /77/EC and 2003 /30/EC, OJ L 197, 21.7.2009, p. No. OJ L 140, 05.06.2009 p. 16; |
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| 2. |
Directive 2009 /72/EC on common rules for the internal market in electricity, OJ L 327, 30.4.2009, p. No. OJ L 211, 14.08.2009 p. 55; |
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| 3. |
Directive 2006 /32/EC on energy end-use efficiency and energy services and repealing Directive 93 /76/EEC, OJ L 206, 22.7.2006, p. No. 64., as amended by Regulation (EC) No 1137/2008, OJ L 114, 27.4.2008, p. No. OJ L 311, 21.11.2008 p. 1. |
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Objectives
§ 4. (1) In the interest of climate protection and environmental protection as well as security of supply, the aim of this federal law is to:
| 1. |
to promote the production of green electricity by installations in Austria in accordance with the principles of European Union law; |
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| 2. |
to increase the share of the production of green electricity, at least up to the target values set out in paragraph 2 to (4); |
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| 3. |
ensure the energy-efficient production of green electricity; |
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| 4. |
to use the funds for the promotion of renewable energy sources in an efficient way; |
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| 5. |
to set a technology policy focus in order to achieve the market maturity of green electricity generation technologies, focusing on the European priorities for new renewable technologies, in particular: within the framework of the Strategic Plan for Energy Technologies-SET Plan, taken into consideration; |
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| 6. |
to ensure investment security for existing and future installations; |
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| 7. |
to eliminate the dependence on nuclear electricity imports by 2015. |
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(2) By 2015, the re-erection and expansion of installations shall be supported to such an extent that installations with the obligation to concontract the green-current winding site and investments with a claim to an investment grant Total stream content of 15%, measured at the delivery rate to end users from public networks, is generated. In this target value, electricity generation from newly built small hydropower plants as well as medium hydropower plants as well as the additional power generation achieved by optimization and expansion of existing small-scale hydropower plants has been since Entry into force of the Ecoelectricity Act, BGBl. I No 149/2002, but not the re-erection and extension of hydropower plants with a bottleneck capacity of more than 20 MW.
(3) In order to increase the generation of electricity from renewable energy sources, from 2010 to 2015, the volume-effective establishment of an additional 700 MW hydropower (with an additional green electricity generation based on the regular year total of 3) is 500 GWh, including the effects of revitalisation measures and extensions of existing plants), of which 350 MW are small and medium hydropower (with an additional green electricity production of 1 750 GWh), the construction 700 MW wind power (with an additional average year Eco-electricity generation of 1 500 GWh) , 500 MW of photovoltaics (with an additional green electricity generated by the average year of approx. 500 GWh) as well as, in the case of proven raw material availability, the establishment of 100 MW of biomass and biogas (with an additional 600 GWh of green electricity).
(4) The following quantitative targets for the period 2010 to 2020 shall be defined for each of the ecoelectricity technologies:
| 1. |
Hydropower: 1 000 MW (equivalent to an average year of additional green electricity production of approx. 4 TWh), in so far as the availability of the sites is available; |
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| 2. |
Wind power: 2 000 MW (equivalent to an average year of additional green electricity production of approx. 4 TWh), in so far as the availability of the sites is available; |
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| 3. |
Biomass and biogas: 200 MW (equivalent to an average year of additional green electricity generation of approx. 1.3 TWh), in so far as there is a demonstrable availability of the raw materials used; |
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| 4. |
Photovoltaics: 1 200 MW (equivalent to an average year of additional green electricity generation of approx. 1.2 TWh). |
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(5) The achievement of the objectives set out in paragraphs 1 to 4 shall be monitored every two years by the E-Control in accordance with Section 51 (1). The Federal Minister for Economic Affairs, Family and Youth has, in the event that the goals have already been achieved, to initiate the increase of these goals by means of a government template.
Definitions
§ 5. (1) For the purposes of this Federal Law, the term "
| 1. |
"high biogenic waste" means the waste listed in Appendix 1, defined by the associated 5-digit key number according to Appendix 5 of the Waste List Waste List, BGBl. II No 570/2003, as amended by the BGBl Regulation. II No 89/2005; the biodegradable fraction of waste according to Appendix 1 shall be treated separately with regard to tariff classification; the biodegradable fraction of waste not listed in Appendix 1 shall not be biomass in the sense of this federal law; |
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| 2. |
"waste liquor" in the chemical analysis of wood in the course of the production of pulp, waste materials; |
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| 3. |
"acceptance price" means the price to which the electricity traders are obliged to take off the green electricity assigned to them by the eco-downstream winding station; |
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| 4. |
"Altanlage" means an eco-power plant which was recognised as an ecosystem before the entry into force of this Federal Law; |
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| 5. |
"plant" means a power generation plant which at least partly generates green electricity from renewable energy sources and is recognised as an eco-power plant, a mixed combustion plant or a hybrid system; facilities which serve the purpose of green electricity production and which are used in a technical-functional relationship shall be treated as a single installation, even if operated by different persons; |
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| 6. |
"biogas" means the combustible gas produced by digestion of biomass in biogas plants and used for the production of energy; gas taken from a gas network shall be considered as biogas, in so far as the quantity of the gas removed is equivalent to the heat equivalent of the gas the quantity of gas supplied by other bodies within the scope of the law to gas from biomass fed into the gas grid; |
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| 7. |
"biomass" means the biodegradable fraction of products and residues of organic farming (including vegetal and animal substances), forestry and related industries, including those of fisheries and aquaculture, as well as the biodegradable fraction of waste according to Z 1; the biodegradable fraction of waste not listed in Appendix 1 shall not be biomass within the meaning of this Federal Law; |
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| 8. |
"fuel utilization rate" means the sum of electricity generation and heat generation used, divided by the energy content of the energy sources used, in relation to a calendar year; |
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| 9. |
"own requirement" means the amount of energy required for the operation of the installation; 10. "self-consumption" means the electrical energy produced in an installation which is not fed into the public grid; |
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| 11. |
"Feed-in tariff" means the forecast costs of the green-current winding site for the purchase (the contracting) of green electricity to the forecast by regulation or law accumulated over the duration of the general and special contra-obligations. , the aliquot costs of the eco-current winding site as well as the costs of the green-current winding station on the purchase of green electricity at the market price minus balancing energy are not included; |
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| 12. |
"bottleneck performance" means the maximum electrical continuous power of the entire system with all machine sets, limited by the most powerful part; |
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| 13. |
"renewable energy sources" means renewable non-fossil fuels (wind, sun, geothermal energy, wave and tidal energy, hydropower, biomass, high biogenic waste, landfill gas, sewage gas and biogas), including animal meal, waste liquor or Sewage sludge; |
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| 14. |
"particulate matter" particles which pass through a size-selecting air inlet which has a separation efficiency of 50% for an aerodynamic diameter of 10 µ m; |
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| 15. |
"certificate of origin" means the certificate attesting to the source of energy from which the energy source is fed into the public network, or has been produced to third parties; |
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| 16. |
"hybrid system" means an installation which, in combination, uses different technologies in the conversion of one or more primary energy sources into electrical energy, insofar as it is operated at least in part on the basis of renewable energy sources |
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| 17. |
"small-scale hydropower plant" means a recognised plant based on the renewable energy source hydropower, with a bottleneck capacity of up to 10 MW; |
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| 18. |
"mixed combustion system" means a thermal installation in which fuels are used as primary energy carriers, which are only partly renewable energy sources, provided that the use of non-renewable primary energy sources is technically exceeds the necessary level; |
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| 19. |
"medium water power plant" means a recognised plant based on renewable energy, hydropower with a bottleneck capacity of more than 10 MW up to and including 20 MW; |
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| 20. |
"new plant" means an eco-power plant which has been recognised as an ecosystem after the entry into force of this Federal Law; |
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| 21. |
"public network" means a concessionated distribution network or a transmission network serving third parties and entitled to network access; |
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| 22. |
"green electricity" means electrical energy from renewable energy sources; |
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| 23. |
"green electricity plant" means an installation which generates green electricity exclusively from renewable energy sources and is recognised as such; |
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| 24. |
"eco-electricity contribution" means the contribution to be made by all end-users connected to the public network in accordance with section 48 and the coverage of the additional costs of the ecosystem in accordance with § 42 minus the Eco-electricity, covered expenses; |
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| 25. |
"green electricity package" means the contribution in euro per counting point to be made by all end-users connected to the public network, with the exception of the final consumer according to § 46, and the coverage of the expenses in accordance with the KWK-Act, which shall: investment grants under this Act and the pro-rata coverage of the multi-expenditure of the Oeko-downstream winding site in accordance with § 42 (the counting-point flat rate); |
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| 26. |
"normal working capacity" means the amount of electricity generation resulting from the water volume continuous line for the regular year, taking into account the technical constraints (actual average production of the last three years of operation); |
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| 26a. |
"Revitalization" means investments in small-scale hydropower plants, which lead to an increase in bottleneck performance or to an increase in the standard work capacity by at least 15%. Revitalization shall always be given if at least two of the essential parts of the plant, such as the turbine, the water version, the pressure line, the propulsion water channel, the powerhouse or the dam or the dam, respectively, are provided. defensive systems which have already been passed before the start of the construction work; |
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| 27. |
"State of the art" means the state of development of advanced techniques, facilities or modes of operation, which are based on the relevant scientific knowledge, and have been tested and proven to be functional. In the determination of the state of the art, in particular, those comparable methods, facilities or modes of operation are to be used which are the most efficient in achieving the in Article 4 (2) to (4) are; |
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| 28. |
"electricity produced from renewable energy sources" means electrical energy produced in green electricity plants and the proportion of electrical energy produced in hybrid or mixed combustion plants corresponding to the share of renewable energy sources, with the exception of: electrical energy obtained as a result of the pumping process for storage in storage systems; |
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| 29. |
"support volume" means the funds resulting from the proceeds from the allocation of the guarantees of origin for green electricity pursuant to Article 10 (8), the green electricity package according to Z 25 and the green electricity contributions according to Z 24 per calendar year; |
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| 30. |
"full-load hours" means the quotient of the expected annual green electricity generation divided by the congestion performance of the green electricity system; |
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| 31. |
"Economic fertilizer of animal origin" means the sum of the solid and liquid animal excretions. Economic fertilizer may also contain minor amounts of additional products which cannot be separated from the excrements without great economic effort; |
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| 32. |
"additional annual support volume" means the share of the support volume for the contraction of green electricity on the basis of contracts concluded in the relevant calendar year of the green-current winding station eco-system operators shall be available; |
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| 33. |
"counting point" means a measuring point for electrical measures, identified by a unique alphanumeric designation, by which a network operator allocates all the measured values relevant to the offsetting. |
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(2) In addition, the definitions of the Electricity Economic and Organization Act 2010 (ElWOG 2010), BGBl. I n ° 110/2010, as well as the CHP Act, BGBl. I No 111/2008.
(3) Where reference is made in this Federal Act to provisions of other federal laws, these provisions shall be applied in their respectively applicable version.
(4) Person-related terms do not have gender-specific meaning. They must be applied to specific persons in their respective gender-specific form.
Part 2
Assets
Network connection of assets
§ 6. (1) Each installation shall have the right to be connected to the network of that network operator within whose concessionary territory the installation is located.
(2) In the context of its competitive supervision, E-Control has to pay particular attention to ensuring that the network operator treats all connecting advertisers in the same way and transparently predates. To this end, it may require the network operator to disclose its approach to requests and requests from connecting advertisers, such as how and within which time limit requests and requests will be met, which criteria shall be met by: competing network access requests, and what measures are being taken to ensure equal treatment of the connecting advertisers. If the announced or actual procedure does not appear to be suitable for ensuring fair competition, the E-Control can take measures pursuant to Section 24 (2) of the Energy Control Act, BGBl. I No 110/2010, in the version of the Federal Law BGBl. I No 75/2011.
(3) The responsibilities of the state authorities in disputes over the network connection shall remain unaffected.
Recognition of installations
§ 7. (1) In accordance with the provisions of § 7 bis § 9, the operator of the country of the country in which the facility is located shall be informed of the request of the operator:
| 1. |
as an eco-power plant, a plant for the production of electrical energy, which is operated exclusively on the basis of renewable energy sources. The use of non-renewable primary energy sources shall be permitted in the extent technically necessary for the operation; |
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| 2. |
as a mixed-combustion plant, an installation for the production of electrical energy, which is operated both on the basis of renewable energy sources and on the basis of energy sources which are not renewable sources of energy, unless the use of renewable energy sources is not used. renewable primary energy sources exceeding the level technically necessary for the operation; |
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| 3. |
as a hybrid system, a plant for the generation of electrical energy, which, in combination, uses different technologies in the conversion of one or more primary energy sources into electrical energy, provided that they are at least partially based on renewable energy sources. |
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| In the case of installations according to § 8 (3), both the biogas supply system and the biogas production plant require recognition. |
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(2) The recognition referred to in paragraph 1 (1) (2) and (3) shall be refused if the proportion of renewable energy sources used in the observation period is not at least 3 vH of the primary energy input. The observation period shall be at least one calendar year.
(3) The Governor of the State shall, at the request of the plant operator, establish, after performing efficiency improvements, that an installation has been improved. The increase in the degree of fuel use caused by the improvement is to be determined in the notification of recognition.
(4) The Landeshauptmann has to revoke the recognition if the conditions for recognition are no longer available, conditions are not complied with or if, in spite of the request, the verified documentation is not submitted. The Governor has the E-Control, the network operator to whose network the system is connected, and the Eco-Fdownstream Unit to agree immediately on the revocation of the recognition. With the access of the withdrawal of the recognition, the obligation to contraction of the green-current winding station ends.
Obligations of applicants and plant operators
§ 8. (1) The following documents shall be attached to the application in accordance with § 7:
| 1. |
information on the legal operation of the plant and its location; |
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| 2. |
information on the primary energy sources used, in each case separately according to their share in the total use (calorific value); |
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| 3. |
a concept of the supply of raw materials for installations which are operated at least partly on the basis of biomass or of biogas, for at least the first five years of operation. This concept also includes information on a possible cover from own agricultural and forestry production; |
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| 4. |
the technical parameters of the installation, in particular the bottleneck performance; |
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| 5. |
the implementation of the installation, in particular a description of the technology used; |
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| 6. |
the unique designation of the counting point via which the generated amount of electricity is physically fed into a public grid; |
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| 7. |
the name and address of the network operator to whose network the installation is connected; |
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| 8. |
Type and extent of investment aid or of any other support. |
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| In the case of an investment extension, all documents relating to the existing plant in accordance with Z 1 to Z 8 are to be enclosed to the application if they have not already been submitted at the time of the initial application. |
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(2) Operators of raw material-guided plants shall continuously document the fuels used and have to prove once a year the composition of the primary energy carriers used for use. The Eco-Fdownstream Unit shall be entitled to request an opinion on its composition with regard to the primary energy carriers used. In addition, operators of mixed-combustion plants or hybrid plants shall provide proof that the renewable energy sources used for a calendar year are at least equal to the percentage specified in section 7 (2). These documents must be provided by the evaluation of the documentation and must be submitted to the Landeshauptmann by 31 March of the following year at the latest. The establishment of the fuel used for the purpose of the verification shall be carried out by an auditor, a civil engineer or a general and court-certified expert, or a technical office from the Technical fields of electrical engineering, mechanical engineering, fire technology or chemistry. The Landeshauptmann shall examine this evidence and, in the event of the legal requirements of the eco-current winding station, have to be provided with confirmation of the correctness, which shall, if necessary, adjust the remuneration of the plant concerned. (Section 18 (2)).
(3) Operators of plants that are responsible for the production of green electricity from the gas grid, which has been fed into the gas grid in other places as gas from biomass, have to document this on an ongoing basis. In the same way, operators of biogas plants that feed biogas into the natural gas grid have to continuously document the feed-in. The establishment of the fuel used for the purpose of the verification shall be an auditor, a civil engineer or a legal expert or a technical office in the field of electrical engineering, Mechanical engineering, fire technology or chemistry to be tested. The quantities fed in are to be proved monthly through the issuing of confirmations. The plant operators of installations within the meaning of this paragraph with an electrical bottleneck capacity of more than 1 MW shall transmit daily timetable messages to the ecocurrent winding station. If these are not complied with, the costs of the forecasting deviation will have to be borne by the plant operator. The Landeshauptmann shall examine the evidence provided in accordance with this paragraph and, in the presence of the legal requirements, shall forward to the ecopower station, together with a confirmation, which shall, if necessary, be the remuneration of the (Section 18 (2)).
(4) Operators of existing and new installations shall be obliged to provide all necessary information and documentation for the handling of green electricity production at the request of the Oeko-downstream Unit.
Content of the Recognition Mods
§ 9. (1) The following shall be included in any case pursuant to § 7:
| 1. |
the sources of energy used; |
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| 2. |
the bottleneck performance; in addition, in photovoltaic systems the peak power; |
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| 3. |
the name and address of the network operator to which the network is fed; |
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| 4. |
the percentage of each energy source, in relation to a calendar year; |
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| 5. |
the exact designation of the counting point via which the generated amount of electricity is actually physically fed into a public grid; |
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| 6. |
an indication of the documentation to be provided pursuant to § 8 (2); |
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| 7. |
in the case of plants based on biomass or biogas as well as in the case of mixed combustion plants and hybrid systems, the level of the fuel utilization rate or in the case of geothermal systems, the level of the total ergetic degree of utilization as well as information on the heat meter; |
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| 8. |
for installations on the basis of biomass or biogas, information on the supply of raw materials, at least for the first five years of operation; |
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| 9. |
in the case of installations which are also operated on the basis of waste with a high biogenic share (§ 5 (1) (1) (1)), the 5-digit key number to be allocated to the respective waste in accordance with Appendix 5 of the waste register of the Waste Directory Regulation, BGBl. II No 570/2003, as amended by the BGBl Regulation. II No 89/2005; |
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| 10. |
in the case of installations which are operated at least partly on the basis of solid biomass, measures for the prevention of fine dust; |
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| 11. |
in the case of installations which are operated at least partly on the basis of liquid biomass, information as to whether they comply with the sustainability requirements for liquid biofuels in accordance with the BGBl Regulation. II No 250/2010; |
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| 12. |
in the case of installations which are also operated on the basis of animal meal, waste liquor or sewage sludge, the separate indication of these primary energy carriers in accordance with their share of the total use (calorific value); |
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| 13. |
Type and extent of investment aid or of any other support. |
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(2) In any case, conditions relating to special duty to follow up on the primary energy carriers used shall be subject to conditions in the cases of the decision.
(3) In respect of installations in which high biogenic waste is also used, Appendix 1 to this Federal Law shall be attached.
Guarantees of origin for green electricity
§ 10. (1) E-Control shall be designated as the competent authority for the monitoring of the exhibition, the transfer and the devaluation of the proofs of origin. This has to be done by means of a database supported by automation.
(2) The network operators whose networks are connected with recognised installations shall have the quantities of green electricity fed into their network from these installations to the plant operator at the request of the plant operator by entering them into the public grid. Issue net power generation quantities in the automationsupported database of origin certificates. The exhibition can be carried out by means of automation-assisted data processing.
(3) Weiters shall have power producers who produce green electricity on the basis of biogas as defined in Article 5 (1) (6), last half-sentence, to issue guarantees of origin in accordance with paragraph 1 for those quantities of green electricity produced using gas and those quantities of biogas which are fed into the gas grid elsewhere within the scope of this Act.
(4) Only a certificate of origin may be issued for energy produced for each unit. A guarantee of origin is valid for 1 MWh by default, with a breakdown up to the third decimal place being allowed.
(5) A certificate of origin must be used at the latest in the calendar year following the production of the corresponding energy unit. Proof of origin shall be devalued after its use.
(6) The evidence of origin referred to in paragraph 1 shall include the following information:
| 1. |
the quantity of electrical energy produced; |
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| 2. |
the nature and bottleneck performance of the plant; |
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| 3. |
the period and place of production; |
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| 4. |
the energy sources used; |
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| 5. |
the nature and extent of investment aid; |
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| 6. |
the nature and scope of any further funding; |
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| 7. |
the date of entry into service of the installation; |
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| 8. |
Date of issue and unique identification number. |
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(7) The operators of the green electricity plants, as well as electricity traders who sell electrical energy from plants as green electricity to another electricity dealer or the green-current winding station, shall be obliged, at the request of the buyer, to make the quantity sold Proof of origin (by means of computerized data processing) can be proven to this buyer.
(8) By way of derogation from paragraph 7, the eco-current winding station has the guarantees of origin transferred to it within the framework of its obligation to contravene the electricity traders pursuant to § 37 (1) Z 3 to the prices prescribed annually by the E-Control in accordance with paragraph 12 of this Article for Guarantees of origin are to be offset.
(9) The proof of origin referred to in paragraphs 1 and 2 shall be issued by VKW-Netz AG for approved plants for electricity generation based on renewable energy sources, which are connected to line systems of Vorarlberg Illwerke AG.
(10) In the case of an automatic exhibition of proofs of origin, a certificate must be issued on a monthly basis on the basis of the first clearing and shall be sent to the plant operators.
(11) Plant operators shall be liable for the accuracy of their information on the energy sources used.
(12) E-Control has to re-establish the price of the guarantees of origin to be assigned by the eco-current processing unit to the electricity traders pursuant to section 37 (1) (3) (3) of this Regulation on the basis of their value annually by means of a regulation. For the purpose of pricing, it is permissible to increase a small proportion of proofs of origin.
(13) Certificate of origin may be used for electrical energy from photovoltaic systems with a power of up to 5 kW peak shall be issued without the existence of a recognition certificate.
Recognition of proofs of origin for green electricity from other countries
§ 11. (1) Proof of origin of green electricity from installations with a location in another EU Member State, an EEA State Party or in a third country shall be deemed to be the proofs of origin within the meaning of this Federal Law, if at least the requirements of the species. 15 of Directive 2009 /28/EC.
(2) In case of doubt, the E-Control shall, on request or on its own account, determine whether the conditions for recognition are fulfilled.
(3) E-control may by regulation designate states in which guarantees of origin on green electricity meet the conditions laid down in paragraph 1 above.
(4) Subject to the recognition of guarantees of origin for the purposes of electricity labelling, the conditions laid down in the regulation pursuant to Section 79 (11) of the ElWOG 2010 are to be laid down.
Part 3
Operations promotion
Section 1
General obligation to contract
Duty of contrasting to fixed feed-in tariffs
§ 12. (1) The Oeking-downstream Unit is obliged, in accordance with the available funds for green power plants, to conclude contracts for the reduction and remuneration of green electricity to the General Conditions approved in accordance with § 39 To contract the green electricity offered to it for the feed-in tariffs determined by regulation in accordance with § 19 and for the duration determined in accordance with § 16 from the following plants:
| 1. |
Hybrid and mixed combustion plants for the share of renewable energy sources used and listed in Z 2, but with the exception of the renewable energy sources listed in paragraph 2 (2) (2); |
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| 2. |
Eco-electricity systems based on |
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| a) |
wind power; |
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| b) |
Photovoltaics; |
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| c) |
solid and liquid biomass and biogas; |
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| d) |
geothermal energy; |
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| e) |
Small-water power with a bottleneck performance of up to 2 MW in accordance with § 14 (7). |
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(2) There is no obligation to contraction in accordance with paragraph 1.
| 1. |
for installations which do not have a notification of recognition in accordance with § 7; |
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| 2. |
for plants based on animal meal, waste liquor or sewage sludge; |
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| 3. |
for photovoltaic systems with power up to 5 kW peak ; |
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| 4. |
for installations which are operated, at least in part, on the basis of geothermal energy, biomass or biogas, provided that they do not have a fuel-use degree or reach a total level of utilisation of at least 60 vH or do not install heat meters corresponding to the state of the art for the purposes of measuring the heat used; |
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| 5. |
for installations based on biomass or biogas, which do not have a concept of raw material supply at least for the first five years of operation; |
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| 6. |
for installations on the basis of liquid biomass which meet the sustainability requirements for liquid biofuels in accordance with the BGBl Regulation. II No 250/2010; |
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| 7. |
for installations based on solid biomass, which do not have any measures corresponding to the state of the art in order to avoid fine dust. |
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Contrasting to market prices
§ 13. (1) Apart from the obligation to contraction in accordance with § 12, the "Ökodownstream winding station" shall be obliged to offer the services offered to it by concluding contracts for the acceptance and payment of green electricity to the general conditions authorized in accordance with § 39. To contract the green electricity to the prices specified in paragraph 3 from installations, with the exception of
| 1. |
Installations which do not have a notification of recognition in accordance with § 7; |
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| 2. |
Installations for which an upright contract for the acceptance and payment of green electricity exists in accordance with § 12 or § 17, without prejudice to the regulation in para. 2; |
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| 3. |
Hydropower plants with more than 10 MW of bottleneck performance; |
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| 4. |
Plants based on animal meal, waste liquor or sewage sludge; |
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| 5. |
Hybrid and mixed combustion plants for the share of energy sources used, which are made up of energy sources in accordance with Z 3 or Z 4 or from non-renewable sources. |
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(2) Where an operator of an installation for which there is a contraction obligation in accordance with § 12, his right to contract electrical energy to the feed-in tariffs for at least 12 months, the ecodownstream winding station shall be also to contract the generated green electricity to the prices laid down in accordance with paragraph 3.
(3) The level of the prices referred to in paragraph 1 shall be determined from the market price published in accordance with § 41 (1), minus the average expenses per kWh for balancing energy of the ecocurrent winding site in the last calendar year, with the Where possible, account should be taken of the costs incurred by the respective technologies, but at least to distinguish between balancing energy for wind power and balancing energy for all other eco-electricity installations.
(4) The Oeko-downstream winding station has an offer to the operators of installations according to § 12, with respect to which there is a obligation to concontract with the specified feed-in tariffs, at least three months before the expiry of the contract. to submit to the price referred to in paragraph 3, continued further contracting. Upon acceptance of the offer by the green electricity system operator, the Eco-current winding station has to conclude a corresponding contract on the acceptance.
Special provisions on the obligation to contract
§ 14. (1) The obligation to confront the ecosystem in accordance with § 12 or § 13 shall apply only if, over a period of at least 12 calendar months, the green electricity generated and discharged into the public grid from a facility to the Eco-current winding station is delivered.
(2) In order to comply with the obligation to contract, the ecodownstream processing unit shall conclude a contract with the operator of an installation for the reduction and remuneration of green electricity to the general conditions approved in accordance with § 39. With the completion of the feed-in procedure, the operator of the plant will become a member of the Ökobilanzgruppe according to § 38.
(3) The obligation to concontract the ecosystem of the ecosystem in accordance with § 12 shall apply only in accordance with the available funding. For installations for which an application has been made for conclusion of a contract, the obligation to contract the green-current winding station in accordance with § 12 shall be limited to the extent to which the respective disposal is available. additional annual support volume is not exceeded.
(4) If the additional annual amount of support available cannot be used to find the long-lasting, the green-current winding site for the contracting of green electricity shall be required only from those installations with which before the utilisation of of the additional annual support volume, a contract for the contracting of green electricity has been concluded. In this case, the Federal Minister for Economic Affairs, Family and Youth shall inform the Federal Minister for Economic Affairs, Family and Youth immediately of this fact.
(5) It is not possible to find out, with the available financial resources of the ecosystem, the long-running for the current contraction of green electricity from those plants with which an upright contract for the contracting of green electricity exists; To reduce the cost of green electricity to the eco-power station. In this case, an immediate repayment should be made by the eco-current winding station as soon as the ecosystem has sufficient funds. Within the framework of its possibilities, the Eco-current winding station is obliged to take all measures to obtain the necessary financial resources.
(6) For photovoltaic systems over 5 kW peak , for which a request for contracting has been submitted after the entry into force of this Federal Law, the possibility exists, by way of derogation from para. 3 and in place of the tariffs specified in § 18 (1), to promote the fed-in electrical energy in 18 cent/kWh above the 13-year period (net parity rate). A change to the decrease of the green electricity to the tariffs specified in § 18 para. 1 is inadmissible in this case. In particular, § 18 (4) and § 20 (3) apply. The conclusion of these contracts shall be made on the basis of the amount of support available under section 23 (3) Z 5.
(7) Instead of investment grants in accordance with § 26, the establishment or revitalisation of small-scale hydropower plants with a bottleneck performance of up to 2 MW, which after the entry into force of this Federal Act, may be subject to a contract for contracting , and with the establishment of which it has not yet been started, the promotion of fed electrical energy is requested at the level of the feed-in tariffs determined in the regulation in accordance with § 19.
Application and conclusion of the contract
§ 15. (1) The green-current winding station shall, in accordance with an existing obligation to contract, contract the green electricity generated by the plants on the basis of contracts.
(2) The application (the Anbot) for the conclusion of the contract on the contracting of green electricity must be made in accordance with the general conditions approved in accordance with § 39. In the general conditions, it can be provided that applications (anbotes) are to be introduced and processed with the assistance of automation-supported data processing.
(3) The application shall, in so far as not separate documents are required, be to be connected with the decision referred to in § 7 as well as proof of all the permits or advertisements necessary for the installation of the installation. Incomplete applications are not to be taken into account in the case of loss of precedence, whereby the applicant must be informed of this fact in writing.
(4) Applications for the conclusion of a contract in accordance with § 12, the acceptance of which would result in an overshoot of the support volume, shall not be accepted. If, at the same time, incoming applications exceed the limit specified by the support volume, the lot shall decide.
(5) In the event that an operator of an installation in accordance with paragraph 4 does not conclude a contract for the reduction of green electricity as a result of the exhaustion of the support volume, the operator shall be informed, taking into account the date of the transaction. To conclude a contract concerning the contracting of green electricity at the earliest possible date, whereby the contract is to be concluded with the prices and other general conditions of the green-current winding station in accordance with section 18 (1) of the Treaty. The reason is to lay down. In such a case, the operator shall be free to withdraw his application. In any event, the application shall expire after the end of the third following year after the application has been submitted.
(6) If a photovoltaic plant is not installed within 12 months, a small-scale hydropower plant, a raw material-dependent plant or a wind power plant not within 36 months and any other plant within 24 months of the adoption of the If the application is put into operation, the contract for the contracting of green electricity shall be deemed to be dissolved, unless the applicant makes it credible that the reasons for this do not lie within its sphere of influence. The volume of support released from the termination of this contract is to be attributed to the support volume of the respective plant category in the current calendar year.
(7) For photovoltaic systems, the applicant must also make a statement, whether for the installation or for parts of this plant, subsidies under the Climate and Energy Fund Act (KLI.EN-FondsG), BGBl. I n ° 40/2007. By way of derogation from paragraph 4 and paragraph 5, applications from photovoltaic installations which, after the entry into force of this Federal Law, have submitted an application for contracting with the green-current winding station shall be rejected by the Eco-downstream winding station, provided that: at the time of their arrival, the support volume had already been exhausted.
Duration of the general contraa
§ 16. (1) The duration of the contraction of the ecocurrent winding site in accordance with § 12 shall be:
| 1. |
for green power plants on the basis of solid and liquid biomass or biogas |
15 years, |
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| 2. |
for all other eco-power technologies |
13 years, |
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| from contracting with the green-current winding site (The beginning of the decrease of green electricity by the eco-downstream processing site in accordance with § 12) and ends at the latest by the end of the 20. Operating year of the asset. |
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(2) The duration of the obligation to concontract the ecocurrent winding station in accordance with § 13 shall be indefinitely.
Section 2
Special contra-obligations
Succession tariffs for raw material-dependent green power plants
§ 17. (1) By way of derogation from § 13, there is a requirement for green electricity plants based on solid and liquid biomass or biogas which feed into the public grid, after the end of the obligation to contract the green-current winding station according to § 12 or after the expiry of the Duration of funding according to the provisions of the Ecoelectricity Act, BGBl. I No 149/2002, as amended by the BGBl version. I No 104/2009, which is a special requirement for the contraction of the eco-current winding site. The ecosystem has contracts for the further decrease of green electricity only on the basis of the availability of the additional annual support volume complete.
(2) No obligation to contraction in accordance with paragraph 1 shall consist of green power plants dependent on raw materials, which
| 1. |
do not have a notification of recognition in accordance with § 7; |
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| 2. |
are operated on the basis of animal meal, waste liquor or sewage sludge; |
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| 3. |
do not achieve a fuel efficiency of at least 60 vH; |
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| 4. |
have no concept of raw material supply at least for the further five years of operation; |
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| 5. |
are operated on the basis of solid biomass and have no state-of-the-art measures in order to avoid particulate matter; |
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| 6. |
are operated on the basis of liquid biomass and the sustainability requirements for liquid biofuels in accordance with the BGBl Regulation. II No 250/2010. |
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(3) The conclusion of contracts in accordance with paragraph 1 may only take place once per facility. § 14 and § 15 shall apply to these contracts in accordance with the provisions of this Regulation. The obligation to contract the green-current winding station shall end at the end of 20 years from the commissioning of the plant.
(4) The Federal Minister for Economic Affairs, the Family and Youth may determine, by means of Regulation, successor tariffs for these green electricity plants, which are based on the current costs required for the operation of these plants, with depreciation and amortisation and interest rates are not to be taken into account for the investment. In addition, the Federal Minister for Economic Affairs, Family and Youth has to apply the criteria listed in § 19 and § 20 in the determination of prices.
Section 3
Feed-in tariffs
General provisions on tariff classification
§ 18. (1) The feed-in tariffs for the contracting of green electricity shall be determined for installations in accordance with the prices determined at the time the application is submitted. The remuneration for the contracted green electricity installations shall take place in accordance with the quantities of green electricity produced by the plant and discharged into the public network.
(2) Ecocurrent raw-material-dependent eco-electricity systems, Hybrid or mixed combustion plants shall be contracted and remunerated in accordance with the percentages fixed in the notification of recognition. If the percentages fixed in the notice of recognition are not complied with according to the documentation drawn up, the Ecodownstream Development Office shall, after agreement by the Governor of the Land, repay the remuneration for the past year and shall be paid in accordance with the documentation. Differences are to be compensated with the following remuneration. If compensation is not possible, the Landeshauptmann has to oblige the operator with a decision to release the additional revenues. The surplus earnings are the result of the difference between the fixed tariffs and the market price last published by the E-Control at the time of the production of the green electricity in accordance with § 41 (1). The multiple proceeds shall be added to the account in accordance with § 50.
(3) The supply of electrical energy to the public network of several installations for which different price approaches are used shall be followed by only one point of transfer (counting point), and shall be based on the composition of the feed in accordance with the Percentage of the congestion performance of each plant to be based on the total congestion performance of all connected installations, unless the operator of such installations explicitly indicates the origin of the energy from a particular installation, for example by: Standstill protocols of individual plants or switching states of these plants.
(4) Where funding from the KLI.EN-FondsG has been used for these installations or for the parts of the installation necessary for the operability of these installations, this is the case in the assessment of the funding under this Federal Act in the corresponding Extent to be considered. Applicants have to make a statement on the occasion of the application. In addition, the ecosystem can demand appropriate evidence from applicants.
(5) If an installation is extended, the regulations and price estimates for green power plants shall apply in accordance with this Federal Act in accordance with the provisions of this Federal Act. The operator of an extended plant shall, in particular, submit an application in accordance with § 15 for the extended part of the eco-power plant. The initial inventory prior to enlargement shall continue to apply to the original rules and rates and to the extended part of the plant, the price corresponding to the performance of the overall situation shall be at the time of the Apply the application to the ecosystem for the extended green power plant.
(6) The Federal Minister for Economic Affairs, Family and Youth may, in order to determine the facts of interest for the determination of prices and allowances, also contribute in particular to experts who are members of the Federal Ministry for Economic Affairs, the Family and the Family. Youth and E-Control are available.
Authorisation
§ 19. (1) The Federal Minister for Economic Affairs, the Family and Youth, in agreement with the Federal Ministers for Agriculture, Forestry, the Environment and Water Management, and for Labour, Social Affairs and Consumer Protection, has in the form of a Regulation the feed-in tariffs in the form of a of prices per kWh for the contracting of green electricity to the extent that there is an obligation to contraction in accordance with § 12.
(2) The rates laid down in the Regulation referred to in paragraph 1 shall be determined separately for each calendar year. Where appropriate, it is permissible, in the Regulation referred to in paragraph 1, to fix the tariffs in advance for two or more calendar years, with reference to the previous year's values, in accordance with the cost of the respective It is necessary to provide for a cut-off for the costs. Underage adjustments to tariffs are permitted. Until the entry into force of a new regulation, the last valid tariffs for the previous year shall be subject to a discount of 8% for photovoltaic systems, 1% wind power and 1% for other eco-power technologies.
Criteria for the dimensioning of the feed-in tariffs
§ 20. (1) The feed-in tariffs shall be designed in accordance with the objectives of this Federal Law, in particular as regards the efficient use of funds, in such a way that an increase in the production of green electricity is carried out continuously, with an increase in the number of Production of green electricity from raw material-dependent green power plants is only to be sought in the case of demonstrably secured raw material supply.
(2) In accordance with paragraph 1, the feed-in tariffs shall be determined on the basis of the following criteria:
| 1. |
the tariffs must be laid down in accordance with the requirements of Union law; |
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| 2. |
the tariffs have to be based on the average cost of production of cost-efficient equipment which corresponds to the state of the art; |
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| 3. |
between installations must be distinguished when there are different costs or if public funding has been granted; |
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| 4. |
the tariffs should be defined as a function of the various primary energy sources, taking account of technical and economic efficiency; |
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| 5. |
the determination of prices must ensure that the subsidies are geared to the most efficient locations and that the possibility of maximising the tariff level by dividing them into several installations is excluded; |
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| 6. |
The tariffs may include further differentiations, such as congestion performance, annual electricity production (zone tariff model), or other special technical specifications. A temporal differentiation by day/night and summer/winter within the meaning of § 25 ElWOG is permissible; |
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| 7. |
The Regulation may also provide for minimum requirements with regard to the technologies to be used, with the minimum requirements to be met by the state of the art; |
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| 8. |
In the Regulation, the attainment of a higher level of fuel use than in Article 12 (2) (4) of the Regulation may be made a condition for the granting of feed-in tariffs if, on the basis of the nature of the particular type of plant, this is carried out under Acceptance of the state of the art and the optimal use of the primary energy used (energy efficiency) is economically reasonable. |
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(3) In addition to paragraph 2, the following shall apply to photovoltaic systems:
| 1. |
for the fixing of tariffs for photovoltaics, it is permissible to differentiate between installations on open spaces and buildings, with the possibility of restricting the granting of support to photovoltaic installations integrated into the building; |
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| 2. |
for photovoltaics with a bottleneck power up to 20 kW peak the tariffs referred to in paragraph 1 may also cover only part of the average cost of production of cost-efficient equipment which corresponds to the state of the art; |
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| 3. |
The Regulation shall include: uniform Tariff for all size classes of photovoltaic installations, whereby combined support may be provided by means of investment grants and feed-in tariffs and, in any event, to take account of the fact that the additional annual the support volume of the previous year has been exhausted; |
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| 4. |
the granting of a grant may be linked to a certain maximum size of the plant, with the promotion of a photovoltaic system of more than 500 kW peak is in any case excluded. |
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(4) In addition to paragraph 2, the following shall apply to raw material-dependent installations:
| 1. |
price fixing must not take place in such a way that biomass is withdrawn from its material use, or food and feed are withdrawn from their original intended use; |
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| 2. |
between waste with a high biogenic share and other solid biomass shall be distinguished; |
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| 3. |
a differentiation within the plant categories based on biogas by energy carrier and substrates, within the plant categories based on biomass by energy source, and according to other special technical specifications permitted; |
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| 4. |
in the determination of the prices of installations based on biogas or liquid biomass, raw material prices (costs of energy sources) shall be taken into account at most to such an extent that these costs are the electricity market revenues, measured against the in accordance with § 41 (1) last published market prices; for installations based on solid biomass, this shall apply if the performance on which a contract is concluded in accordance with § 15 in conjunction with § 12 or according to the Ökostromgesetz, BGBl. I No 149/2002, in the version of the ÖSG-Novelle 2009, BGBl. I n ° 104/2009, has been reached or exceeds 100 MW; |
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| 5. |
In order to ensure that food and feed are not withdrawn from their original intended use, the Regulation may provide that, for certain biogas plant groups, only the obligation to contradate the An eco-current winding site for the specified feed-in tariffs if a certain proportion of economic fertilizer of animal origin is used for the production of green electricity. |
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(5) In determining the average cost of production, it is necessary to rely on a rationally managed company, which finances the investment in financial market conditions and taking into account other financing options. Account shall be taken of the service life, the investment costs, the operating costs, the appropriate return on the capital used and the quantities of electrical energy produced annually. National and international experience shall be taken into account in the collection of these costs.
Section 4
Supplement to feed-in tariffs
Technology and KWK-Bonus
§ 21. (1) The tariffs determined by the Regulation in accordance with § 19 shall increase for investments pursuant to § 12 by 2 cents/kWh for those quantities of green electricity from gas pursuant to § 8 para. 3, if:
| 1. |
the gases fed into the grid have been prepared for natural gas quality, |
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| 2. |
a minimum proportion of 50% of biogas treated with natural gas is used in the power supply system, |
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| 3. |
the efficiency criteria are complied with in accordance with Section 8 (2) of the KWK-Act; and |
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| 4. |
a clear identification code for the biogas used is provided |
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| (Technologiebonus). The granting of the technology basis is limited to 15 years from the commissioning of the biogas feed-in plant. The balance group coordinator in accordance with GWG has to issue monthly confirmations with a clear identification code on the quantities of biogas fed in for the ecosystem and on the bill of the balance sheet. The biogas plant operator shall, by 31 March of the following year, demonstrate the quality and quantity of the biogas fed in by an expert opinion from a technical expert of the Eco-Fdownstream Unit. This period may be extended once upon request. |
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(2) For green electricity produced in a cogeneration plant, which is operated exclusively on the basis of biogas or liquid biomass and for which BGBl is only available after the entry into force of the Federal Law. I n ° 104/2009, an application for the reduction of green electricity to the tariff prices determined by regulation in accordance with § 19 must be provided for a surcharge of 2 cents/kWh, provided that this plant is the efficiency criterion according to § 8 para. 2 CHP law, BGBl. I n ° 111/2008, (KWK-Bonus).
(3) By way of derogation from paragraph 2, in the case of extensions of existing green electricity plants, which are operated exclusively on the basis of biogas or biomass, a surcharge of 1 cent/kWh to the tariff prices determined by the Regulation in accordance with § 19 shall be applied to the the total green electricity supplied by this plant, provided that this plant is the efficiency criterion in accordance with Article 8 (2) of the KWK-Gesetz, BGBl. I n ° 111/2008, and the cost of enlargement is at least 12.5% of the cost of a new investment in the overall situation.
Operating Cost surcharge
§ 22. (1) For green electricity plants which produce green electricity on the basis of liquid biomass or biogas, and for which the 20. In October 2009, a contract for the contraction of green electricity by the "Eco-downstream" unit to feed-in tariffs was established, operating cost surcharges are determined, as far as the cost increases compared to operating costs in 2006 these green electricity plants cannot be operated on a cost-effective basis.
(2) The surcharges shall be granted in cents per kWh of green electricity produced and fed into the public network in the year concerned. The amount of the operating cost supplement shall be 4 cents/kWh to the extent that no reduction shall be made in accordance with paragraph 5 or (6).
(3) These surcharges shall be granted in addition to the feed-in tariffs at the request of the green electricity system operator and shall be paid out by the Oeko-de-veloping entity. Applications for payment of the surcharges shall be submitted within three months from the date of entry into force of the provision at the ecodeburo site.
(4) On the occasion of the application as referred to in paragraph 3 and at the end of each calendar year, the operators of green electricity plants on the basis of biogas and liquid biomass of the green-current winding station have a raw material balance and a balance sheet on the other operating costs. The raw material balance has to include:
| 1. |
Type and quantity of the raw material specified in each megajoule (MJ) energy content of the raw material used in the previous year (liquid manure, agricultural substances specified as for example raw maize and wheat, green cut, others also specified) |
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| 2. |
Origin of the respective raw material according to its supplier: indication of the percentage of the respective raw material produced by the operator of the green power plant itself, to what percentage of the respective raw material of one in the green power plant and to what percentage of the respective raw material is produced by a supplier not participating in the green power plant. |
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| 3. |
In addition to this stock balance, the quantities of green electricity produced in the green electricity plant in the previous year, the quantities of green electricity paid at supported prices (feed-in tariffs) and the quantities of electricity used for the operation of the green electricity plant are (including any external current reference). The current level and nature of the use of heat, as well as the degree of fuel use determined from electricity generation and use of heat, are also to be stated. The possibilities and extent of future heat recovery are to be presented. |
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| A copy of these balance sheets is to be transmitted to the E-Control. For this purpose, the E-Control is able to determine the criteria for presenting the operating cost balance. |
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(5) The ecosystem has to be provided with the best possible financing through the binding of the necessary funds. If the existing support volume is not sufficient to cover the funding required for the operating cost surcharge, an aliquot has to be cut through the green-current-winding site. The funds required for the granting of the operating cost surcharges shall be the continuation of the allocation for the raw material surcharge in accordance with Section 11a (7) of the Austrian Federal Law Gazette (ÖSG), BGBl. I No 143/2002, as amended of the Federal Law BGBl. I No 104/2009, shall be used. Therefore, an invoice to the volume of support has to be made only to the extent to which the resources for the raw material surcharge are exceeded in 2009. A maximum of € 20 million is available for operating cost surcharges. Euro per year.
(6) The development of operating costs is to be documented on an ongoing basis by the "Ökodownstream winding station" and the E-Control, to prepare this documentation and to submit annually to the Federal Minister for Economic Affairs, Family and Youth. In the event of a decrease in operating costs which is economically effective, the Federal Minister for Economic Affairs, Family and Youth shall immediately prescribe a reduction or suspension of the operating cost surcharge by means of a regulation. On the occasion of the disbursary of the operating cost surcharges, the Eco-downstream Unit shall inform the plant operators that, in the event of a reduction in operating costs, the operating costs of the transfer are met and that the cost of the transfer is fully operational and an aliquot part of the operating cost surcharge received will be reclaimed.
Section 5
Support Volume
§ 23. (1) For new installations to be contracted, a contract can be contracted by the "Ökodownstream winding station" in accordance with § § 12 et seq. only in accordance with the additional annual support volume.
(2) The calculated quota for newly-contrasting green electricity plants, as defined in the form of the additional annual support volume, amounts to EUR 50 million per year. This amount will be reduced by EUR 1 million within the first ten years after the entry into force per calendar year.
(3) The additional annual support volume referred to in paragraph 2 shall not include an amount of:
| 1. |
EUR 8 million Photovoltaics ; |
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| 2. |
10 million euros on solid and liquid biomass and biogas, of which 3 million euros for solid biomass with a narrow-pass line up to 500 kW; |
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| 3. |
at least EUR 11.5 million in wind power; |
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| 4. |
at least EUR 1.5 million in small hydropower; |
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| 5. |
19 million euros on the residual pot (wind, water power, photovoltaic power parity). This amount will be reduced by EUR 1 million within the first ten years after the entry into force per calendar year. |
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(4) For immediate contracting in accordance with § 56 para. 4 of applications, which are based on the Ecoelectricity Act, BGBl. No 149/2002, by way of derogation from (3):
| 1. |
for wind power, EUR 80 million will be allocated to support volumes available exclusively for the immediate contracting in accordance with Article 56 (4) (1) (1); |
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| 2. |
for photovoltaics, EUR 28 million will be allocated to support volumes, which are available exclusively for immediate contracting according to § 56 (4) Z 2. |
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(5) The contraction in accordance with paragraph 1 shall be made separately for each individual application. The additional annual volume of support used for this purpose shall be calculated from the multiplication of the quantities of green electricity produced by the plant in a calendar year, with the difference between the costs of the ecodeburial site at the level of the total amount of the green electricity. respective feed-in tariffs, including all-due surcharges and the aliquot expenses in accordance with § 42 para. 4 on the one hand and the market price according to § 41 para. 3 on the other hand. The quantities relevant to the additional annual volume of support shall be determined by multiplying the bottleneck performance contained in the notice of recognition with the average annual number of green electricity in the country. Full-load hours. These are:
| 1. |
for biogas plants |
7 000 full-load hours; |
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| 2. |
for plants based on solid or liquid biomass |
6 000 full-load hours; |
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| 3. |
for wind turbines |
2 150 full-load hours; |
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| 4. |
for photovoltaic systems |
950 full-load hours; |
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| 5. |
for small-scale hydropower plants |
4 000 full-load hours; |
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| 6. |
for other installations |
7 250 full-load hours. |
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(6) The Oeko-downstream winding station is obliged to record the additional annual support volume still available in a differentiated way according to the categories of plant according to section 2 and section 3 and to publish it on an ongoing basis (up-to-date). In addition, the ecodownstream winding station shall immediately indicate those points of time in accordance with section 18 (1) of this Regulation, which are important for the assessment of feed-in tariffs.
(7) Additional charges in accordance with § 21 and operating cost surcharges in accordance with § 22 shall be charged to the additional annual support volume of the respective plant category in that calendar year, in which these surcharges are first used.
(8) If the additional annual support volume available is not used up in the current calendar year, the remaining support volumes of the respective plant category shall be allocated in the next calendar year.
Part 4
Support for the construction or revitalization of plants
Section 1
Investment grants
General provisions
§ 24. (1) A promotion of an installation pursuant to § 25 bis § 27 may take the form of an investment grant on request. Applications for investment grants shall be submitted after the date of their arrival at the resolution point for investment grants and shall be dealt with in the order in which they are received.
(2) Applications for investment grants shall be submitted in writing to the Resolution Unit for investment grants prior to the commencement of the establishment or revitalisation of the annexes. Assurances regarding the granting of investment grants shall be made in accordance with the law of the Union in accordance with the law of the Union, in so far as a right to support exists.
(3) The application shall be the authorisations or authorisations, which are relevant for the establishment or revitalisation of the installation, which are accessible to a full education, a compilation of the investment costs and an economic calculation in accordance with the dynamic capital value method. The compilation of the investment costs as well as the economic calculation shall be confirmed by an auditor. The application for the grant of the investment grant shall also be accompanied by any other relevant data and documents necessary for the assessment of the facts of the case, in particular by means of the application of the data to the public network. Current quantities, the date of commencement of erection or revitalization and the date of entry into service shall be demonstrated by a corresponding documentation.
(4) The economic calculation shall be based on an interest rate of the capital employed in the amount of six per cent and the investment grant required for the attainment of this interest. The determination of the amount of the supply needs shall be based on the costs required for the establishment and management of the goods and on the revenue to be expected from an economic management. In determining the revenue to be expected, the average value of the last available EEX-Forwardprizes, if they are no longer available, shall be as similar as possible, for the following three calendar years from the date of preparation of the opinion to use.
(5) Investment grants shall be granted and paid in accordance with the conditions laid down and subject to the conditions laid down in the existing funds. The grant of the investment grant shall ensure that the maximum permitted level of support is not exceeded in accordance with Union law.
(6) In the presence of the conditions, the Federal Minister for Economic Affairs, Family and Youth has, in the light of the recommendation of the Energy Council, to grant the grant of the investment grant. The conclusion of a contract is made by the settlement agency for investment grants on behalf of the Federal Minister.
(7) The economic calculation, specifying the investment grant requirement, must be updated on presentation of the final accounting documents on the level of investment, from a request to be commissioned by the settlement body at the request of the applicant. The auditor shall be required to submit a written presentation of the investment grant to the settlement body. Misleading information leads to a loss of entitlement to an investment grant.
(8) The investment grant shall be paid out by the full operation of the installation and the audit of the final accounting documents submitted by the settlement office for investment grants. The final settlement shall be confirmed by an auditor to be appointed by the settlement body at the expense of the applicant. Accrual payments are permitted in the case of collateral (e.g. bank guarantees, declarations of patronage) and the approval of the Energy Council.
Investment grants for waste-based plants
§ 25. (1) The construction of a CHP plant, which is operated on the basis of waste liquor (residual substances of biogenic origin from the pulp or paper production) , may be encouraged by investment grant, if the investment
| 1. |
the production of process heat, |
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| 2. |
a saving of the primary energy carrier insert and the CO 2 emissions in comparison to separate electricity and heat generation, and |
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| 3. |
the efficiency criteria set out in § 8 para. 2 KWK-Act are fulfilled. |
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(2) The financial support to be provided for the granting of investment grants by the Oeko-de-winding Centre shall be limited to 2.5 million euro per year for the years 2009 to 2012.
(3) In accordance with the available funds, a maximum of 30% of the investment volume directly required for the establishment of an installation as referred to in paragraph 1 (exclusive property costs) shall be granted as an investment grant, but not more than
| 1. |
up to a bottleneck capacity of 100 MW |
300 Euro/kW; |
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| 2. |
With a bottleneck output of more than 100 MW to 400 MW |
180 Euro/kW; |
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| 3. |
From a bottleneck output of 400 MW |
120 Euro/kW. |
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(4) Compliance with the efficiency reference values harmonised by the European Commission in accordance with Article 4 of Directive 2004 /8/EC on the promotion of cogeneration based on a useful heat demand in the internal energy market and the modification of the Directive 92 /42/EEC OJ L 206, 22.7.1992 No. OJ L 52 of 21.02.2004 p. 50, as last amended by Regulation (EC) No 219/2009, OJ L 327, 30.12.2009, p. No. 109, is a further prerequisite for granting investment grants.
(5) The calculation of profitability shall also take account of actual heat revenues and shall have a lifetime of the plant of 15 years.
Investment grants for small-scale hydropower plants
§ 26. (1) The new direction as well as the revitalization of a small hydropower plant can be promoted by investment grant. Revitalisations are eligible if investments in small-scale hydropower plants lead to an increase of at least 15% of the standard work assets.
(2) The financial support to be provided for the granting of investment grants is limited to EUR 16 million per year. In addition, with the year following the entry into force of this federal law, another 20 million euros will be made available from the amounts applied by the collection of the green electricity bill.
(3) For small-scale hydropower plants with a bottleneck capacity of 500 kW, the amount of the investment grant shall be 30% of the investment volume directly required for the installation or revitalisation of the installation (excluding property costs) limited, however, with a maximum of 1 500 Euro per kW. For small-scale hydropower plants with a bottleneck capacity of 2 MW, the amount of the investment grant is limited at 20%, but at most 1 000 euro per kW. For small-scale hydropower plants with a bottleneck capacity of 10 MW, the level of the investment grant is limited at 10%, but at the most at 400 euro per kW. For small-scale hydropower plants with a bottleneck power of between 500 kW and 2 MW and between 2 MW and 10 MW, the level of the investment subsidy as a percentage as well as in euros per KW shall be determined by linear interpolation. In the case of revitalisations, the increase of the bottleneck performance or the increase in the standard work capacity converted to a fictitious bottleneck performance can be used for the dimensioning of the maximum permissible investment grant.
(4) The investment volume of the investment for which an investment grant is requested and the need for support shall be demonstrated by an expert opinion of an independent expert to be determined by the governor. The provisions of Section 24 shall apply, unless otherwise provided for, with the proviso that, in the case of small-scale hydropower plants, an electrical installation shall be of a service life of 25 years, and in the case of the other parts of the installation, The life span of 50 years is to be expected.
(5) If the facility is not put into operation within 3 years after the Federal Minister of Economic Affairs, Family and Youth has been assured of the investment grant, the application for investment grant shall be deemed to have been withdrawn and the assurance of the investment subsidy as expired. This period may be extended by the settlement body for the granting of investment grants once for a further two years, if there are grounds for particular consideration. The entry into service shall be demonstrated by presenting the approval certificate in accordance with § 7 as well as a confirmation by the network operator of the settlement agency for investment grants.
(6) By way of derogation from § 24, the granting of investment grants for small-scale hydropower plants may be carried out under the following simplified conditions:
| 1. |
In the case of installations with a bottleneck capacity of up to 50 kW, the amount of the investment grant shall be EUR 1 500 per kW of developed bottleneck performance. In this case, only an expert opinion of a technical expert on the expansion of the bottleneck performance in the context of the revitalization or revitalization is to be provided as proof. |
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| 2. |
In the case of installations with a bottleneck output of 50 kW to 100 kW, the level of the investment grant is limited to 30% of the investment volume (excluding property costs) required directly for the installation or revitalisation of the installation, a maximum of 1 500 Euro per kW of built-in bottleneck. In this case, proof must be provided by a technical expert on the expansion of the bottleneck performance in the context of the revitalisation or revitalisation; the proof of the installation or revitalization of the installation the required volume of investment will be made by presenting the invoices to the settlement agency for investment grants. |
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| 3. |
In the case of installations with a bottleneck power of 100 kW to 500 kW, the level of the investment grant is limited to 30% of the investment volume (excluding property costs) required directly for the installation or revitalisation of the installation, a maximum of 1 500 Euro per kW of built-in bottleneck. In this case an expert opinion of a technical expert on the expansion of the congestion performance in the context of the re-establishment or revitalisation shall be provided as proof; the investment volume of the investment grant for which an investment grant , an expert opinion of an expert appointed by the plant operator shall be established. |
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| 4. |
For installations with a bottleneck output of 500 kW to 2 MW, a simplified procedure for the determination of the amount of the funding requirement can be provided for in the sense of the Z 3 in conjunction with paragraph 2 in the guidelines in accordance with § 30. |
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Investment grants for medium-sized hydropower plants
§ 27. (1) The new direction or revitalization of a medium hydroelectric power plant can be promoted by investment grant. Section 26 (3) of the last sentence shall apply mutatily.
(2) The total amount of aid to be provided for the granting of investment grants is limited by a total of EUR 50 million. To this end, the Eco-Fdownstream Unit has a maximum of 7.5 million annually until 2014. The euro is to be transferred to funds.
(3) For a medium-sized hydropower plant, the level of the investment grant shall be limited to 10% of the volume of investment directly required for the construction of the installation (excluding land costs), but not more than 400 euro per kW, and a maximum of 6 million euros per facility.
(4) The investment volume of the investment for which an investment grant is requested and the need for support shall be demonstrated by an expert opinion of an independent expert to be determined by the governor. The provisions of Section 24 shall apply, unless otherwise provided for, with the proviso that, in the case of medium-sized hydropower plants, electrical installations are subject to a service life of 25 years, in the case of the other parts of the installation, of a life span of 50 years.
(5) If the facility is not put into operation within 3 years after the Federal Minister of Economic Affairs, Family and Youth has been assured of the investment grant, the application for investment grant shall be deemed to have been withdrawn and the assurance of the investment subsidy as expired. This period may be extended by the settlement body for the granting of investment grants once for a further two years, if there are grounds for particular consideration. The entry into service shall be demonstrated by the presentation of the recognition request in accordance with § 7 as well as confirmation of the network operator of the settlement agency for investment grants.
Section 2
Implementation of investment grants
Advisory Council
§ 28. The advisory services of the Federal Minister for Economic Affairs, Family and Youth in the preparation of the guidelines pursuant to § 30 as well as in the decision to grant investment grants in accordance with § 25 bis § 27 as well as § 7 KWK-Gesetz shall be the responsibility of the Energy Council (§ 20 Energy Control Act).
Resolution point for the granting of investment grants
§ 29. (1) The settlement of the grant of the investment grants in accordance with § 25 bis § 27 shall be carried out by the settlement agency for investment grants. In accordance with § 13c ÖSG, BGBl. I n ° 149/2002, the Federal Minister for Economic Affairs, Family and Youth has concluded a contract with the OeMAG liquidation agency for Ökostrom AG concerning the operation of a grant of the investment grants. Upon termination of this contract, the Federal Minister for Economic Affairs, Family and Youth shall re-write the work of the settlement body responsible under this Federal Act and shall apply the provisions of the Federal Law of Procurement in 2006, BGBl. I No 17/2006, as amended, to be awarded to the best tenderers. The contract requires the agreement of the Federal Minister of Finance.
(2) The contract with the Resolution Unit for investment grants shall, in particular, be regulated:
| 1. |
the preparation and examination of the requests for funding in accordance with the provisions of this Act and the respective Directives; |
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| 2. |
the forwarding of the processed requests for funding to the Energy Council for the advice of the Federal Minister for Economic Affairs, the Family and Youth with regard to the decision to grant funding; |
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| 3. |
the conclusion of the contracts, on behalf of the Federal Minister for Economic Affairs, Family and Youth, with the promotional advertisers, the settlement and payment of the funding, and the monitoring of compliance with the eligibility conditions; |
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| 4. |
the recovery of investment grants granted; |
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| 5. |
the preparation and compilation of documents for the Energy Council and the implementation of the decision of the Federal Minister for Economic Affairs, the Family and Youth; |
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| 6. |
the annual presentation of a audited financial statement to the Federal Minister for Economic Affairs, Family and Youth by 1 May of the following year at the latest; |
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| 7. |
the presentation of an economic plan for the following year to the end of the financial year to the Federal Minister for Economic Affairs, Family and Youth; |
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| 8. |
the submission of activity reports to the Federal Minister for Economic Affairs, the Family and Youth; |
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| 9. |
the supervisory rights of the Federal Minister for Economic Affairs, the Family and Youth; |
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| 10. |
Contract resolution reasons; |
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| 11. |
the place of jurisdiction. |
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(3) An appropriate fee shall be fixed for the purpose of carrying out the promotion, taking into account the costs of the settlement of comparable support.
(4) The settlement body shall carry out the transactions with the diligence of a prudent entrepre. A separate accounting system must be carried out for the purpose of carrying out the promotion.
(5) The Federal Minister for Economic Affairs, the Family and Youth shall at all times be granted an insight, in particular in the requests for support and in the documents relating to the handling thereof.
(6) The Federal Minister for Economic Affairs, the Family and Youth shall provide the resolution body with information on requests for funding and the settlement thereof and, upon request, submit reports to that effect.
(7) The Federal Minister for Economic Affairs, Family and Youth has to appoint an auditor for the examination of the activities of the settlement body under this Federal Act, which is not to be ordered under the terms of trade law. Auditor is ident. The auditor shall also examine the appropriateness of the remuneration and costs to be determined each year. The auditor has to submit the result of the examination immediately to the Federal Minister for Economic Affairs, Family and Youth.
(8) The costs associated with the settlement of the investment grants pursuant to § 25 to § 27 and the CHP Act shall be pro rata for cogeneration plants, small hydropower plants and medium hydropower plants in accordance with § 45 of this to cover federal law.
(9) In the case of judicial assertion of claims under this Federal Act, the settlement body shall, on behalf of the Federal Minister for Economic Affairs, Family and Youth, pursuant to the provisions of the Procuration Act, BGBl. No. 172/1945, to be represented by the financial procuration.
Guidelines for the granting of investment grants
§ 30. (1) The Federal Minister for Economic Affairs, the Family and Youth has to adopt guidelines for the implementation of the grant of investment grants.
(2) The Directives shall in particular contain provisions on:
| 1. |
the subject of the investment grant; |
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| 2. |
eligible investment costs, in particular costs of investment, |
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| a) |
which, in addition to the extraction of energy, are also used for other purposes (dual use), or |
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| b) |
which are also supported by other federal or state support programmes, |
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| can be excluded from eligibility if this is used for efficient handling or compliance with Union law; |
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| 3. |
personal and factual conditions for obtaining investment grants; |
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| 4. |
proof of the energy efficiency of the project; |
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| 5. |
the procedure for the award of benefits by the recipient of the investment grants, where necessary; |
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| 6. |
the extent and nature of investment grants; |
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| 7. |
the procedure relating to |
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| a) |
Request (type, content and equipment of the documents); |
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| b) |
Payout mode; |
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| c) |
Reporting (control rights); |
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| d) |
the setting and recovery of the investment grants awarded; |
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| 8. |
the place of jurisdiction. |
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(3) When the directives are released, the agreement shall be established with the Federal Minister for Finance and the Federal Minister for Agriculture, Forestry, the Environment and Water Management. The guidelines are to be published in the "Official Journal of the Wiener Zeitung". This declaration may be replaced by the announcement of the release of the directives, stating the place of its existence in the "Official Journal of the Wiener Zeitung".
5.Part
Eco-downstream Unit
Section 1
Concession and organisation of the green-current winding site
Exercise Requirements
§ 31. (1) The purchase and sale of eco-energy, for which a contract of contraction is determined in accordance with § 12 and § 13, requires a concession. The concession is to be granted by the Federal Minister for Economic Affairs, Family and Youth for the entire Federal territory.
(2) The concession shall be given in writing and may be provided with the conditions and conditions necessary to ensure the tasks of the Eco-Fdownstream Unit. The ecosystem is obliged to set up an ecobilance group for each control zone.
(3) In the case of a re-award of the concession, the provisions relating to the tendering procedure for service concessions shall apply.
Application
§ 32. The applicant shall attach the following documents to the application for a concession:
| 1. |
the information on the seat and the legal form; |
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| 2. |
the Articles of Association or the Social Contract; |
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| 3. |
the business plan, which will result in the organizational structure of the company and the internal control procedures; furthermore, the business plan shall include a budget preview for the first three financial years; |
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| 4. |
a description of the technical and organisational infrastructure available; |
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| 5. |
a proof of at least three years of practical experience in road map and balance sheet management; |
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| 6. |
the amount of the initial capital freely available to the national board of management, without any burden on the free available capital; |
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| 7. |
the identity and the amount of the ownership of the owners holding a qualifying holding in the undertaking and the disclosure of the group structure, provided that such owners belong to a group; |
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| 8. |
the names of the proposed board members and their qualification for the operation of the company. |
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Concession
§ 33. (1) The concession for the "Ökodownstream winding station" shall be given in writing by the Federal Minister for Economic Affairs, Family and Youth for all control zones and can be fulfilled with the to ensure the tasks as well as their cost-efficient fulfillment. necessary conditions and conditions.
(2) A concession to carry out the activities of an ecodeburnment body may only be granted if:
| 1. |
the concessionaire is able to carry out the tasks assigned to him in a cost-effective and safe manner by means of this law; |
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| 2. |
the persons holding a qualifying holding in the undertaking which, in the interests of a sound and prudent management of the undertaking, satisfy the claims and which do not conflict with the objectives and purposes of a conflict of interests of the Ecoelectricity Act; |
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| 3. |
by close links between the undertaking and other natural or legal persons, the supervisory authorities shall not be prevented from the proper performance of their duty of supervision; |
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| 4. |
the initial capital amounts to at least EUR 5 million and is freely available to the directors without any burden, and through the material and human resources of the company, the management and administration of the company to the best possible conditions; |
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| 5. |
in the case of none of the board members, there is no reason for exclusion within the meaning of Section 13 (1) to 6 (6) of the Regulation; |
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| 6. |
has been instituted against no board of directors for a preliminary judicial investigation on the grounds of an intentional act threatened with more than one year of imprisonment, until the legal force of the decision which ends the criminal proceedings; |
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| 7. |
the board of management is technically suitable for the reason of their educational background and have the necessary characteristics and experience for the operation of the company. The professional competence of a board of directors requires that it has sufficient knowledge of support mechanisms, EU aid and support schemes and the accounting of green electricity as well as management experience; the professional suitability for the management a settlement body shall be accepted if there is evidence of at least three years of managerial activity in the electricity sector or in the accounting field; |
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| 8. |
at least one board is at the centre of its life interests in Austria; |
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| 9. |
No Board of Management exercises any other main occupation outside the Company, which is likely to cause conflicts of interest; |
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| 10. |
the seat and the head office are located in the territory of the country; |
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| 11. |
if the settlement system at its disposal meets the requirements of a timely billing system; |
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| 12. |
ensuring neutrality, independence and data confidentiality to market participants and efficient regional processing, and effective regional development through at least one regional settlement point for the regulatory zones, where the company does not have its seat. |
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(3) In the case of a number of requests for concession, the concession shall be granted to the concessionaire who is responsible for the conditions of concession and the economic interest in a functioning electricity market and for the purposes of the concession. Ecostromgesetz is in the best possible way.
Concession Withdrawal
§ 34. (1) The Federal Minister for Economic Affairs, Family and Youth may withdraw the concession if the Eco-current winding station is to carry out its activities
| 1. |
does not take up within six months of the concession or concession |
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| 2. |
does not apply for more than one month. |
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(2) The Federal Minister for Economic Affairs, Family and Youth has to withdraw the concession if:
| 1. |
it has been caused by incorrect information or by deceptive actions, or has otherwise been made scary, |
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| 2. |
The ecosystem does not fulfil its obligations to its creditors; |
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| 3. |
a concession requirement under section 33 (2) no longer exists after the concession has been granted, or |
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| 4. |
the Eco-current winding station does not fulfil its tasks in a way that is sustainable and in accordance with the proper regulations. |
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Quenchment of the concession
§ 35. (1) The concession shall be issued:
| 1. |
through time-lapse; |
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| 2. |
at the entry of a resolving condition; |
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| 3. |
with their deferment; |
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| 4. |
with the termination of the liquidate of the concession holder; |
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| 5. |
with the opening of the bankruptcy procedure on the assets of the green-current winding station. |
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(2) The deletion of the concession shall be determined by the Federal Minister for Economic Affairs, Family and Youth.
(3) The deferment of a concession (para. 1 Z 3) is only allowed in writing and only if previously the management and administration of the ecosystem were taken over by another green-current winding site.
Change in participation conditions
§ 36. (1) Anyone who intends to directly or indirectly hold a qualifying holding in an ecosystem shall have previously written this in writing to the Federal Minister for Economic Affairs, Family and Youth, stating the amount of that participation .
(2) Any person who intends to increase his qualifying holding in an ecosystem such that the limits of 20 vH, 33 vH or 50 vH of the voting rights or of the capital are reached or exceeded or that the The Federal Minister for Economic Affairs, Family and Youth has previously announced that it will be a subsidiary of its subsidiary in writing.
(3) The Federal Minister for Economic Affairs, Family and Youth has to prohibit the intended participation within three months of an ad pursuant to paragraph 1 or 2, if the conditions set out in § 31 or § 32 are not available. If the participation is not prohibited, the Federal Minister for Economic Affairs, Family and Youth may require an appointment by which the intentions referred to in paragraph 4 and paragraph 5 must be fulfilled.
(4) The disclosure requirements referred to in paragraphs 1 and 2 shall apply in the same way to the intended task of qualifying a qualifying holding or under the limits set out in paragraph 2 for participation in an eco-current winding site.
(5) The Federal Minister for Economic Affairs, the Family and Youth shall immediately immediately inform the Federal Minister for Economic Affairs, the Family and Youth of any acquisition and task of shares and of any reaching and exceeding the limits of the participation limits within the meaning of paragraphs 2 and 4 of this Article. in writing, as soon as it becomes aware of it. In addition, the Federal Ministry for Economic Affairs, Family and Youth has to report to the Federal Minister for Economic Affairs, Family and Youth at least once a year in writing the names and addresses of the shareholders who hold qualifying holdings.
Section 2
Eco-flow handling
Tasks of the Eco-downstream Unit
§ 37. (1) The tasks of the Eco-downstream Unit are:
| 1. |
To contract green electricity in accordance with § 12 and § 13; |
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| 2. |
conclusion of contracts |
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| a) |
with the other accounting groups responsible, regulatory zone guides, network operators and electricity companies (producers and distributors); |
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| b) |
with facilities that produce indices for the purpose of data exchange; |
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| c) |
with suppliers (producers and distributors), network operators and balance-sheet groups responsible for the transfer of data; |
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| 3. |
the quantities of green electricity purchased in accordance with Z 1, together with the corresponding guarantees of origin, in accordance with the applicable market rules for electricity traders, insofar as they supply final consumers in Germany, at the acceptance price and the price according to § 10 (8) and (12) daily to be allocated and calculated. The allocation shall take the form of timetables to the respective balance sheet group in which the electricity dealer is a member, in proportion to the quantities of electricity delivered to final consumers in the control zone per calendar month. The billing authorities have to provide the necessary data for automation. For the respective calendar month, the rate shall be calculated after the month, which is three months. The value of the first full month shall be used in the case of newly entering electricity traders. |
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| 4. |
to ensure that the share of green electricity in each eco-balance group is equal to the share of the final consumption, with quantities that are due to random surcharges by the country's main people in accordance with § 30 (4) of the German Green Electricity Act, Federal Law Gazette (BGBl). I n ° 149/2002, should not be included in the compensation; |
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| 5. |
the preparation of forecasts of the green electricity fed in in the future and the derivation of schedules of the contra-dependent green electricity (§ 12 and § 13) and its allocation to electricity traders, with the lowest possible seizage of Balancing energy must be respected; |
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| 6. |
monitor compliance with the obligations of the plant operators; in the event of a breach of duty, the Oeko-downstream settlement authority shall be entitled to suspend the payment of the feed-in tariffs; |
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| 7. |
Reconciliation with the KLI.EN-Fonds and other bodies to prevent and clarify the abuse of funds; |
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| 8. |
Compliance with the market rules. |
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(2) The Federal Minister for Economic Affairs, Family and Youth and E-Control shall provide the Federal Minister for Economic Affairs, Family and Youth with all the data required for their supervisory activities and reporting requirements on request. In addition, the provision of § 47 ElWOG shall apply mutasensitily. It shall make available to the E-Control the data necessary for the establishment of a register database for guarantees of origin in electronic form.
(3) The ecosystem shall take all the organisational arrangements necessary to fulfil its tasks. It has an ecobilance group for each rule zone and is responsible for the function of the Ökobilanz group responsible.
(4) The ecosystem is obliged to make full use of all possibilities of minimising the costs of the balancing energy. It is empowered to take all the necessary measures to comply with the timetables, including in particular the sale and sale of electrical energy. It shall present an assessment of the costs of compensating energy required for wind turbines in the balance sheet separately.
Eco-balance groups
§ 38. (1) In the Ökobilanzgruppe in each control zone, all the green power plants are combined, for which a contraction obligation according to § 12 and § 13 is used. Operators of green power plants, who take advantage of the obligation to contract according to § 12 and § 13, are to be included as a member of the Ökobilanzgruppe.
(2) The balance group coordinator shall not charge a clearing fee for the Ökobilanzgruppe and no collateral shall be deposited at the clearing houses. The ecosystem is exempt from charges for the use of the network or for network losses, in particular in the case of timetables exceeding the rules.
General conditions
§ 39. (1) The ecodownstream winding station shall have the contracts referred to in § 12 bis § 15 and § 37 insofar as they relate to the contracting and the allocation of green electricity, including the compensation in accordance with section 37 (1) Z 4, on the basis of general Conditions to be completed. The general conditions require the approval by the E-Control.
(2) The General Terms and Conditions shall in particular contain provisions on:
| 1. |
Implementation, timing and methods of payments; |
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| 2. |
Transmission of data and data formats to be kept; |
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| 3. |
the nature and extent of forecasts of feed-in timetables; |
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| 4. |
Modalities on the compensation of green electricity quantities and allowances in accordance with Article 37 (1) (4). |
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(3) The authorisation shall be granted, where appropriate under the terms of conditions, conditions and deadlines, if the General Conditions are suitable for the performance of the tasks described in § 12 bis § 15 and § 37 bis § 38.
(4) The ecodownstream winding station is obliged to change or re-create the General Terms and Conditions at the request of E-Control.
Obligations of electricity traders, green electricity system operators and network operators
§ 40. (1) The electricity traders are obliged to remove the green electricity assigned to them pursuant to § 37 sec. 1 Z 3 as well as the corresponding guarantees of origin and the green-current winding office at least in the amount of the purchase price according to § 41 para. 2 as well as the monthly price fixed in accordance with section 10 (8) and (12).
(2) Ecopower plant operators and network operators shall have the data necessary for optimal timetable preparation and minimisation of the energy demand for the ecosystem, such as the lines of electricity generation for the past periods as well as forecast values, based on meteorological and hydrological basic data. The schedules, which are to be handled by the respective balance group responsible, shall be drawn up in order to minimise the costs of balancing energy from the ecodeburr site and shall be drawn up by the To take over balance-sheet leaders.
(3) The electricity traders shall use the green electricity assigned to them in accordance with section 37 (1) Z 3 and the corresponding guarantees of origin exclusively for the supply of their customers domestily.
Calculation of the electricity market price
§ 41. (1) E-Control shall calculate and publish, at the end of each quarter, the average market price of basic electrical load energy. This value is calculated as the arithmetic average of the prices fixed by the European Energy Exchange (EEX) for the next four consecutive basic-load quarterly futures (Baseload Quarter Futures). For the purpose of the investigation, the corresponding quotations of the last five trading days of the immediately preceding quarter shall be taken up. If these are no longer published by EEX, then comparable quotations of EEX or any other relevant power exchange shall be used.
(2) The amounts of electricity allocated are, according to the day-ahead spot market, the hourly price for the market area of Germany/Austria of a recognized, representative power exchange with seven-day trading, which supply areas in Austrian control zones It is responsible for the calculation. If no price could be determined, the respective product price of the previous day must be paid. If negative prices are to be determined, a price of 1 cent/MWh should be paid.
(3) The market price for the calculation of the additional annual support volume in accordance with Article 23 (5) shall be determined by the average value of the four quarterly values published in the previous calendar year as referred to in paragraph 1.
Section 3
Cost of eco-electricity processing
Diversion of the additional costs of the green-current winding site
§ 42. (1) The following additional expenses shall be deducted from the green-current winding station, taking into account a reasonable interest in the capital used within the meaning of section 33 (2) (4) of this Regulation:
| 1. |
the amounts of the difference resulting from the costs of the contraction of green electricity and the proceeds from the sale of green electricity as well as the guarantees of origin, whereby the expenses borne by the countries pursuant to Article 10a (9) of the Oekostromgesetz, BGBl. No 149/2002, in the version of the Federal Law BGBl. I No 105/2006; |
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| 2. |
the administrative and financial expenses associated with the performance of the tasks of the Oeko-de-winding site; |
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| 3. |
the cost of the balancing energy; |
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| 4. |
the expenditure incurred for the granting of |
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| a) |
of surcharges according to § 21 or § 11 (1) of the Ecoelectricity Act, BGBl. No 149/2002, in the version of the Federal Law BGBl. I No 104/2009; |
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| b) |
of surcharges pursuant to § 22 or § 11a of the Ecoelectricity Act, Federal Law Gazette (BGBl). No 149/2002, in the version of the Federal Law BGBl. I No 104/2009; |
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| 5. |
the expenditure on the technology resources of the countries in accordance with § 43. |
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(2) Any difference amounts arising in a calendar year between the funds collected in accordance with § 44 bis § 48 and the additional expenses as referred to in paragraph 1 shall be deducted from the balance sheet in terms of success and, in the next calendar year, shall be determined by a To compensate for the adjustment of the green electricity contribution. A balanced result between the additional costs to be expected in the following year, as well as the revenues predicted during this period, should be sought. The remaining part of the additional expenses of a financial year, which is not covered by revenue, is to be used as an asset in the annual financial statements of the green-current winding office and is to be used with the additional income received in the future green electricity contribution. 1. If the proceeds exceed the additional expenses of a calendar year, these surpluses shall be set as settlement liabilities in the balance sheet of the green-current winding office and shall be deducted from the future contribution of the green-electricity contribution. To offset the increase in the number of products.
(3) The Federal Minister for Economic Affairs, the Family and Youth has to examine the additional costs of the ecosystem in the context of its supervisory function.
(4) The aliquot charges in accordance with paragraph 1 Z 2, Z 3 and Z 5 shall, where necessary, be separated according to technologies, on the basis of the previous year's values annually, by an opinion of the E-Control and to be determined by the eco-current winding office . In doing so, the costs incurred by the technology in the previous years must be taken into account in an appropriate way.
Allocation of technology funding to the countries
§ 43. (constitutional provision) (1) For the promotion of new technologies for the production of green electricity, excluding hydropower, sewage sludge, animal meal and waste liquor, and for the promotion of energy efficiency programmes, countries shall be allocated an amount of EUR 7 million per year for the promotion of energy efficiency programmes. . The proportion to be paid to the countries shall be calculated on the basis of the ratio of the supply of electrical energy from public networks to final consumers in each country in a calendar year.
(2) The use of these funds shall be submitted by each country separately to the Federal Ministry for Economic Affairs, Family and Youth as well as to E-Control by 30 June of the following year at the latest. In any event, this report shall indicate the supported green electricity projects with their performance, technology and annual power generation, as well as the supported energy efficiency programmes, indicating the level of support.
Part 6
Application and management of funding
Section 1
Application of the funding
Application of the funding
§ 44. The funding will be applied:
| 1. |
from the green electricity package in accordance with § 45; |
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| 2. |
from the sale of green energy and the corresponding guarantees of origin to the electricity traders at the acceptance price on the basis of the assignment in accordance with § 37 in conjunction with § 40; |
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| 3. |
from the green electricity contribution, as determined in accordance with section 48; |
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| 4. |
from the amounts collected in the administrative penalties imposed in accordance with Section 55; |
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| 5. |
from the interest of the funds assessed; |
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| 6. |
by other benefits. |
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Eco-electricity
§ 45. (1) All end-users connected to the public network shall be able to pay a green electricity charge in euro per counting point in accordance with Article 5 (1) Z 25, which shall be invoiced by the network operators and jointly with the respective network operators. Network usage fee shall be increased by the end-users connected to their networks.
(2) The green electricity package is up to and including 2014 per calendar year:
| 1. |
for network users connected to network levels 1 to 3 |
EUR 35 000; |
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| 2. |
for the network users connected to the network level 4 |
EUR 35 000; |
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| 3. |
for the network users connected to the network level 5 |
EUR 5 200; |
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| 4. |
for the network users connected to the network level 6 |
320 euro; |
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| 5. |
for the network users connected to the network level 7 |
11 Euro. |
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(3) In the case of use of the network of less than one calendar year, one twelfth of the respective eco-current rate shall be paid in accordance with paragraph 2 per calendar month beginning.
(4) For the years following the calendar year 2014, the Federal Minister for Economic Affairs, Family and Youth shall redefine the eco-electricity packages in force for the individual grid levels every three years with a Regulation. The following criteria shall be considered:
| 1. |
from the funds required for the promotion of green electricity, including investment grants for waste liquor, small and medium-sized hydropower, as well as subsidies in accordance with CHP law, are based on forecasts to cover 38% by means of the means by: the eco-electricity package is collected; |
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| 2. |
the eco-electricity packages referred to in paragraph 2 shall be adjusted in proportion to the extent to which 38% of the necessary funds are covered by the funds collected from the calculation of the eco-electricity package. |
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(5) The revenue from the eco-electricity package shall be used to cover the following expenses:
| 1. |
Replacement of costs and investment grants pursuant to § 7 and § 8 KWK-Law; |
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| 2. |
Investment grants for waste liquor in accordance with § 25; |
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| 3. |
Investment grants for small and medium-sized hydropower in accordance with § 26 and § 27; |
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| 4. |
if funds remain after deduction of expenses according to Z 1 to Z 3, the additional costs of the green-current winding station for green electricity (§ 42). |
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Exemption from the obligation to pay the green electricity
§ 46. (1) Persons belonging to the eligible group of persons in accordance with § 3 of the Tele-Law Subsidies Act are exempt from the obligation to pay the green electricity bill, in each case for their main residence.
(2) § 4, § 5, § 7, § 8 and § 12 (1) of the Telemesubsidies Act apply analogously to the procedure, the freezing of the exemption, the obligation to provide information, submission and reporting and the end of the grant performance, whereby the GIS fees Info Service GmbH the E-Control and the respective network operator at all times to provide information on the circumstances of eligibility as well as the applicants on request.
(3) E-control may be subject to more detailed rules, in particular:
| 1. |
the procedure to be followed in order to establish the status of exemption, and the application of the exemption by the beneficiary, |
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| 2. |
the time limit within which the ecoelectricity package must no longer be charged to the beneficiaries and within which the eco-current allowance paid after the entry of the exemption status from the network operators to the beneficiaries , or is to be credited, |
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| 3. |
the obligation of the beneficiaries to make a change in the income situation immediately known and an explicit reference to this obligation on the part of the beneficiaries, |
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| 4. |
Detailed rules on the information and dissemination of data to the extent necessary, |
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| 5. |
Appropriate payment of the services provided by the GIS fees Info Service GmbH through the green-current winding office |
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| to the Commission. The regulation has to ensure a rapid, simple and administrative management of the tasks of GIS fees Info Service GmbH. |
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(4) The data transfer of the GIS fees Info Service GmbH to the E-Control and the network operators as well as the data transmission of the network operators to the GIS fees Info Service GmbH for the purpose of this provision is permissible.
(5) The right to an exemption in accordance with paragraph 1 shall be waived if at least one of the conditions and in the event of a breach of the information, presentation or presentation of the documents are not fulfilled. Reporting requirements in accordance with § 7 of the Telemeeds Act. The GIS fees Info Service GmbH must inform the person concerned and the network operator at this time. Any unjustly acquired assets are to be recovered from the GIS fees Info Service GmbH and to be deducted from the Eco-downstream winding site.
(6) In disputes between the GIS fees Info Service GmbH and the persons concerned, the ordinary courts will decide.
Recharging of the green electricity
§ 47. (1) The funds collected shall be deducted from the network operators on a quarterly basis to the ecocurrent winding station. The "Ökodownstream winding station" is entitled to pre-pause the green electricity package in advance and to raise quarterly charges against subsequent billing. The network operators and the clearing bodies shall make available to the ecodeburnment body all the data and other information necessary for the design and lump-sum of the eco-electricity package.
(2) The green electricity bill shall be issued separately on the accounts for the use of the network. to be charged separately. The categories contained in the green electricity package (CHP plants, small-scale hydropower plants, medium-sized hydropower plants as well as other green electricity plants) should be listed.
(3) In the event of non-payment of the green electricity package by final consumers, the network operators shall be obliged to take the necessary measures for the out-of-court or judicial presentation of the eco-electricity package. In disputes between network operators and end consumers, as well as the ecosystem and grid operators, in particular on the performance of the eco-electricity package, the ordinary courts will decide.
Green Electricity Contribution
§ 48. (1) In order to cover the additional costs of the green-current winding station in accordance with § 42, minus the expenses covered by the green electricity package, an eco-electricity contribution shall be provided by all end-users connected to the public network in the Relationship to the respective network usage and network loss charges to be paid.
(2) The Federal Minister for Economic Affairs, the Family and Youth has to establish an eco-electricity contribution annually in advance by means of a regulation. In the calculation of the surcharges, consideration should be given to a burden on the final customers per network level, which is uniform throughout Germany. Under-year adjustments are permitted.
(3) The green electricity contribution shall be billed by the network operators and shall be taken together with the respective system usage fee from the end users connected to their networks. The funds collected are to be deducted from the network operators on a monthly basis to the ecocurrent winding station.
(4) The green-current winding office shall be entitled to prepend the contribution of the green electricity contribution in advance and to collect it on a monthly basis against subsequent settlement. The contribution of the green electricity contribution shall be indicated separately on the invoices for the use of the network. to be charged separately. The network operators and the clearing centres shall make available to the Eco-downstream winding office all the data and other information required for the assessment of the green electricity contribution.
(5) In the event of non-payment of the green electricity contribution by final consumers, the network operators shall be obliged to take the necessary measures for the out-of-court or judicial presentation of the green electricity contribution. In disputes between network operators and end-users, as well as the ecosystem and grid operators, in particular on the performance of the green electricity contribution, the ordinary courts will decide.
Cost coverage for low-income households
§ 49. (1) Persons belonging to the eligible group of persons in accordance with § 3 of the Tele-Law Subsidies Act are exempt from the obligation to pay a 20 Euro over-increasing green electricity contribution for each of their main residence.
(2) For the procedure, the freezing of the cost coverage, the obligation to provide information, submission and reporting and the end of the grant performance, § 4, § 5, § 7, § 8 and § 12 para. 1 of the Telephone Fee Subsidy Act apply analogously, whereby the GIS fees Info Service GmbH of the E-Control as well as the respective network operator, on request, at any time to provide information on the circumstances of eligibility as well as to the applicants.
(3) E-control may be subject to more detailed rules, in particular:
| 1. |
the procedure to be followed in order to establish the cost-limiting status, and the application of the exemption by the beneficiary, |
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| 2. |
the period within which the eco-electricity contribution to the beneficiaries exceeding the EUR 20 must no longer be charged and within which the eco-electricity contribution to much paid after the entry of the cost-limiting scheme shall be reimbursed by the network operators to the beneficiaries, or is to be credited, |
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| 3. |
the obligation of the beneficiaries to make a change in the income situation immediately known and an explicit reference to this obligation on the part of the beneficiaries, |
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| 4. |
Detailed rules on the information and dissemination of data to the extent necessary, |
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| 5. |
Appropriate payment of the services provided by the GIS fees Info Service GmbH through the green-current winding office |
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| to the Commission. The regulation has to ensure a rapid, simple and administrative management of the tasks of GIS fees Info Service GmbH. |
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(4) The data transfer of the GIS fees Info Service GmbH to the E-Control and the network operators as well as the data transmission of the network operators to the GIS fees Info Service GmbH for the purpose of this provision is permissible.
(5) The right to an exemption in accordance with paragraph 1 shall be waived if at least one of the conditions and in the event of a breach of the information, presentation or presentation of the documents are not fulfilled. Reporting requirements in accordance with § 7 of the Telemeeds Act. The GIS fees Info Service GmbH must inform the person concerned and the network operator at this time. Any unjustly acquired assets are to be recovered from the GIS fees Info Service GmbH and to be deducted from the Eco-downstream winding site.
(6) In disputes between the GIS fees Info Service GmbH and the persons concerned, the ordinary courts will decide.
Section 2
Management of funding
Fund Account
§ 50. (1) In order to manage the funds, an account shall be set up by the Eco-Fdownstream Unit.
(2) The management of the account shall be the responsibility of the ecopower management body. It has to bring the funds into account in a tentative way. The Federal Minister for Economic Affairs, the Family and Youth, the E-Control and the experts who have been contacted are to be granted access to all documents at all times.
(3) The Eco-current winding site To transfer the funds for the funding of combined heat and power plants to E-Control on a quarterly basis in accordance with § 8 KWK-Gesetz (Support for existing combined heat and power plants). The funds for the funding pursuant to § 7 KWK-Gesetz (investment grants for new cogeneration) as well as in accordance with § 25 to § 27 (investment grants for waste liquor, small hydropower and medium hydropower) are quarterly to the resolution office for To transfer investment grants.
Part 7
Other provisions
Monitoring
§ 51. (1) E-Control shall continuously monitor the achievement of the objectives in accordance with § 4 and to identify developments which hinder the achievement of the objectives. The Federal Minister for Economic Affairs, the Family and Youth is to be informed immediately of these developments.
(2) The Federal Minister for Economic Affairs, the Family and Youth is responsible for the supervision of the green-current winding station.
(3) The ecosystem is subject to the control of the Court of Auditors, irrespective of its ownership.
(4) The office of resolution for investment grants shall be subject to the control of the Court of Auditors in respect of its activities under this Act.
(5) In order to comply with the obligations arising from this Federal Act, the Oekodownstream winding station shall be entitled to inspect the business records of the operators of installations which have concluded a contract in accordance with § 15 or § 29. .
Reports
§ 52. (1) The E-Control has to submit annually to the Federal Minister for Economic Affairs, Family and Youth and the National Council a report analysing the extent to which the objectives of the law have been achieved, which changes compared to the It has been carried out in previous years and the impact it has on the final consumer. The report provides detailed analyses of the extent and the cause of electricity consumption, complemented by policy options to reduce electricity consumption. The report may contain proposals to improve or adapt the funding mechanisms and other provisions of this law. In addition, the report shall include the quantities and the costs of electrical energy from installations based on photovoltaics, geothermal energy, wind power, wave and tidal energy, biomass, landfill gas, sewage gas and biogas.
(2) The Federal Minister for Economic Affairs, Family and Youth shall submit a report to the National Council if the objectives of this Federal Act are fulfilled in accordance with Section 4.
(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall, by the end of March of the following year at the latest, have the status of an authorisation application for the establishment, extension or adaptation of hydropower plants to be processed by the end of March of the following year. .
(4) The Eco-Fdownstream Unit shall report to the Energy Council on an annual basis on its activities.
Procedure before Regulation
§ 53. (1) The Federal Minister for Economic Affairs, the Family and Youth may, in order to determine the conditions necessary for the release of regulations, in particular also provide experts to the Federal Ministry of Economic Affairs, the Family and the Family. Youth and E-Control are available.
(2) Prior to any release of a regulation pursuant to this Federal Act, the nominated representatives of the Energy Council (§ 20 Energy Control Act) shall be informed and shall be given the opportunity to give their opinion.
Obligation to provide information
§ 54. (constitutional provision) Electricity undertakings and undertakings engaged in the issuing of guarantees of origin shall be obliged to provide the competent authorities at all times with access to all documents and records, as well as information on all the documents and records, the In particular, the Commission shall be responsible for the implementation of the Directive This obligation to accept and issue information shall not be subject to any specific circumstances, even if such documents or information are in future to be clarified or to prepare for the clarification of relevant facts. procedures to be carried out.
General criminal provisions
§ 55. (1) If the action does not constitute a criminal offence within the jurisdiction of the courts or is punishable under other administrative criminal provisions with a more stringent penalty, an administrative surrender shall be carried out and shall be: A fine of up to EUR 20 000 shall be punished, who does not comply with his obligation to provide information and to grant the inspection in accordance with Section 54.
(2) If the action does not constitute a criminal offence within the jurisdiction of the courts or is threatened with a more stringent penalty under other administrative criminal provisions, an administrative surrender shall be carried out and shall be subject to: Fines of up to € 13 000 to be punished, who
| 1. |
the obligation to issue guarantees of origin in accordance with § 10 does not comply; |
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| 2. |
does not comply with its obligations under Section 37; |
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| 3. |
does not comply with its obligations under Section 40. |
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(3) fines imposed on the basis of this Federal Act shall be allocated to the green electricity account established in the framework of the green-current winding station in accordance with § 50.
8. Part
Transitional provisions and entry into force
General transitional provisions
§ 56. (1) (constitutional provision) In the case of existing installations which have an upright contract with the Eco-current winding site at the time of the entry into force of this Federal Law, unless otherwise specified, the respective bundes-or- national legislation. In particular, § 7 (4), § 8 (2) to (4), § 10, § 11, § 13, § 14 (1) and (5), § 17, § 18 (2) to (5), § 21 (2) and (3), § 22 and section 51 (4) also apply to these installations.
(2) The existing concession of the green-current winding site, such as those based on the Ecoelectricity Act, BGBl. I No 149/2002, has been uphold. In the event that nothing else is determined, the eco-downstream winding office shall comply with its tasks pursuant to this Federal Law, as amended by the amendment of this Federal Law.
(3) Those based on the Ecoelectricity Act, BGBl. No 149/2002, decisions adopted and regulations shall apply, unless otherwise specified, even after the entry into force of this Federal Law.
(4) Applications which are based on the Ecoelectricity Act, BGBl. I No 149/2002, shall remain in accordance with the general provisions of this Act and the following provisions:
| 1. |
For wind turbines, there is an immediate obligation to contract the green-current winding site at a tariff of 9.7 cents/kWh, provided that the plants enter into a contract in the calendar year 2012 or 2013 at the date of entry into force of this provision. It would receive a tariff of 9.5 cents/kWh, as long as the equipment for a contract has been made in the calendar year 2014 or later. |
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| 2. |
In accordance with § 23 (4), an immediate contraction of the green-current winding site is provided for photovoltaic systems according to the available support volume as follows: |
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| Contract according to the waiting list in the calendar year |
objected tariff in the amount of 25 cents/kWh |
objected tariff in the amount of 33 cents/kWh |
objected tariff in the amount of 35 cents/kWh |
complain tariff of 38 cent/kWh |
| 2012 |
2.5% abatation |
5% abatation |
6% abatation |
7.5% abatation |
| 2013 |
7.5% abatation |
10% abatation |
11% abatation |
12,5% abatation |
| 2014 |
12,5% abatation |
15% abatation |
16% abatation |
17.5% abatation |
| 2015 or later |
17.5% abatation |
20% abatation |
21% abatation |
22.5% abatation |
| The applicant of an application that is based on the Ecoelectricity Act, BGBl. No 149/2002, has been submitted within two months from the date of entry into force of this provision or, if the request has been made after the entry into force, of the application for immediate contracting of the green-current winding station. , In the opposite case, a contract shall be contracted by the ecocurrent winding station in accordance with the time of contract and feed-in rate determined for the respective plant at the time of entry into force of this provision. Applications submitted after the entry into force of this provision in 2011 shall be deemed to have been in force in 2015. Section 15 (5) of the last sentence and (6) shall apply mutatily. |
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entry into force
§ 57. (constitutional provision) (1) The provisions of this Federal Act shall, unless otherwise specified, enter into force upon expiry of a four-month period, beginning with the approval or non-compliance by the European Commission in accordance with Art. 108 (3) TFEU, following Quarterly Sersts in force. The Federal Minister for Economic Affairs, Family and Youth has announced this date in the Federal Law Gazprom. At the same time as the entry into force, the provisions of the Ecoelectricity Act, BGBl. No 149/2002, in the version of the Federal Law BGBl. I No 104/2009, unless otherwise specified, shall be repeal.
(2) § 1, § 23 (4) and § 56 (4) shall enter into force with the day following the presentation of this Federal Law.
Enforcement
§ 58. With the enforcement of this federal law are entrusted:
| 1. |
(constitutional provision) With regard to § 1, § 43, § 54, § 56 para. 1, § 57 and § 58 Z 1 the Federal Government; |
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| 2. |
as regards Section 19 of the Federal Minister for Economic Affairs, the Family and Youth, in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management and the Federal Minister for Social Affairs and Consumer Protection; |
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| 3. |
as regards Section 29 (1) of the Federal Minister for Economic Affairs, the Family and Youth, in agreement with the Federal Minister for Finance; |
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| 4. |
as regards Section 30 (3) of the Federal Minister for Economic Affairs, the Family and Youth, in agreement with the Federal Ministers for Finance and for Agriculture, Forestry, the Environment and Water Management; |
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| 5. |
with regard to section 52 (3) of the Federal Minister for Agriculture, Forestry, the Environment and Water Management; |
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| 6. |
the Federal Minister for Economic Affairs, the Family and Youth. |
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Fischer
Faymann
Appendix 1
Wastes with a high biogenic share according to § 5 (1) Z 1
Wastes with a high biogenic content are the types of waste listed below in Table 1 and (with the restrictions specified) in Table 2, defined by the assigned five-digit key number and, where appropriate, by the additional 2-digit specification in accordance with Appendix 5 of the Waste Directory Regulation. Subsets of waste types not listed in Tables 1 and 2 shall not be considered as wastes with a high biogenic share or as biomass.
Table 1: Waste with a high biogenic share
| Key number and specification |
Waste designation and specification |
| 12 |
Waste of vegetable and animal fat products |
| 123 |
Waste from the production of vegetable and animal fats and waxes |
| 12301 |
Waxes |
| 125 |
Emulsions and mixtures with vegetable and animal fat products |
| 12501 |
Contents of fat separators |
| 12503 |
Oil, fat and wax emulsions |
| 17 |
Wood waste |
| 171 |
Wood waste from working and processing |
| 17104 |
Wood grinding dusts and sludges |
| 17104 01 |
Wood grinding dust and sludge-(from) treated (m) wood |
| 17104 02 |
Wood grinding dust dusts and sludge-(from) verifiably exclusively mechanically treated (m) wood |
| 17104 03 |
Wood grinding dusts and sludge-(from) treated (m) wood, pollutant-free |
| 17114 |
Dust and sludge from chipboard production |
| 17115 |
Chipboard wastes |
| 172 |
Wood waste from the application |
| 17202 |
Construction and demolition wood 1) |
| 17202 01 |
Construction and demolition wood-(from) treated (m) wood 1) |
| 17202 02 |
Construction and demolition wood-(from) demonstrably only mechanically treated (m) wood |
| 17202 03 |
Construction and demolition wood-(from) treated (m) wood, pollutant-free |
| 17207 |
Railway sleepers |
| 17209 |
Wood (eg piles and masts), teerölimpimpregnated |
| 17209 88 |
Wood (eg piles and masts), teerölimpimpregnated-graduated |
| 18 |
Cellulose, paper and paperboard waste |
| 184 |
Waste from cellulose processing |
| 18401 |
Residues from paper extraction (waste materials) without waste paper preparation |
| 187 |
Paper and paperboard waste |
| 18702 |
Paper and paperboard coated |
| 19 |
Other waste from the processing and processing of animal and vegetable products |
| 199 |
Other waste from the processing and processing of animal and vegetable products |
| 19909 |
Sudkessel residues (soap production) |
| 94 |
wastes from water treatment, waste water treatment and use of water |
| 947 |
Residues from sewerage and waste water treatment (excluding sludges) |
| 94705 |
Content from Fat Catches |
| 949 |
Waste from the use of water |
| 94902 |
Computing power from power plants |
| 1) |
Without salt-impregnated woods [Note: salt-impregnated woods may require a high entry of heavy metals (lead white, CFA salts, etc.), which is not destroyed during thermal treatment]. |
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Notes to Table 1:
The solids content of the above-mentioned wastes consists predominantly (over 90%) of organic carbon. Three groups of waste can be distinguished:
Group 1:
The following wastes are derived directly or indirectly (in the form of cellulose or lignin) of wood, which is the oldest biofuel, from:
17104 (if appropriate with specification), 17114, 17115, 17202 (if appropriate with specification), 17207, 17209 (if appropriate with specification), 18401, 94902
The solids content of this waste consists mainly of organically bound carbon of biological origin (in the form of cellulose and lignin). The calorific value of the dry substance in this case is of the order of 20 MJ/kg.
Group 2:
The following wastes are essentially derived from animal and vegetable fats. The carbon content is of biological origin and is mainly present in the form of glycerides and fatty acids. Thus, the calorific value of the organic substance is very high (order of magnitude of 30 MJ/kg).
12301, 12501, 12503, 19909, 94705
Group 3:
The following wastes represent a composite between waste of group 1 and synthetic polymers (PE, etc.) or Metals (Al). Although the specific calorific value of the non-biological components is higher than that of the biological components, the calorific value of the biological components in the mixture nevertheless predominates substantially more than 50% (although the calorific value of PE is approximately double the calorific value of PE). as high as that of paper, but the plastic content is usually less than 25%).
18702
Table 2: High biogenic waste, to the extent that biological recovery is not possible or preferable
| Key number and specification |
Waste designation and specification |
| 11 |
Food and food waste |
| 111 |
wastes from food production |
| 11102 |
Superseded food |
| 11103 |
Spelts, Spelzen and grain dust |
| 11104 |
Seasonings |
| 11110 |
Molasses |
| 11111 |
Dough |
| 11112 |
Beet schnitzel, beet tails |
| 114 |
Waste from the production of luxury products |
| 11401 |
Superseded luxury products |
| 11402 |
Tobacco dust, tobacco grus, tobacco ribs |
| 11404 |
Malztreber, Malzkeime, Malzstaub |
| 11405 |
Hopfentreber |
| 11406 |
Ausputz-and swimminders |
| 11415 |
Trester |
| 11416 |
Manufacture residues of coffee (e.g. Röstgut and extraction residues) |
| 11417 |
Manufacture residues of tea |
| 11418 |
Production residues of cocoa |
| 11419 |
Yeast and yeast-like residues |
| 11423 |
Residues and waste from fruit juice production |
| 117 |
Waste from feed production |
| 11701 |
Feed |
| 11702 |
Overlaid feed |
| 12 |
Waste of vegetable and animal fat products |
| 121 |
Waste from the production of vegetable and animal oils |
| 12101 |
Oilseed Residues |
| 12102 |
Verdorbene vegetable oils |
| 123 |
Waste from the production of vegetable and animal fats and waxes |
| 12302 |
Grease (fry oils) |
| 127 |
sludges from the production of vegetable and animal fats |
| 12702 |
Sludge from the feed fat production |
| 12703 |
Sludge from the production of edible oil |
| 12704 |
Centrifuge sludge |
| 129 |
Refinery residues resulting from the processing of vegetable and animal fats |
| 12901 |
Lead cherde, oil-like |
| 17 |
Wood waste |
| 171 |
Wood waste from working and processing |
| 17101 |
Bark |
| 17102 |
Slack, splint made of natural, clean, uncoated wood |
| 17103 |
Sawdust and sawdust from natural, clean, uncoated wood |
| 172 |
Wood waste from the application |
| 17201 |
Wood embales and wood waste, not contaminated |
| 17201 01 |
Wood embales and wood waste, non-polluted (m) wood |
| 17201 02 |
Wood embales and wood waste, not contaminated-(from) demonstrably only mechanically treated (m) wood |
| 17201 03 |
Wood embales and wood waste, non-contaminated (from) treated (m) wood, pollutant-free |
| 17203 |
Wood wool, not contaminated |
| 18 |
Cellulose, paper and paperboard waste |
| 181 |
wastes from pulp production |
| 18101 |
Residues from the production of pulp (spray materials and branches) |
| 19 |
Other waste from processing and processing of animal and vegetable products |
| 199 |
Other waste from processing and processing of animal and vegetable products |
| 19901 |
Starchlamb |
| 19903 |
Gelatine waste |
| 19904 |
Residues from potato starch production |
| 19905 |
Residues from the production of corn starch |
| 19906 |
Residues from rice starch production |
| 19911 |
Intestinal wastes from processing |
| 53 |
Waste of plant and pest control products and of pharmaceutical products and disinfectants |
| 535 |
Waste of pharmaceutical products |
| 53504 |
Trester of medicinal plants |
| 91 |
Solid municipal waste, including similar industrial waste |
| 916 |
Market waste |
| 91601 |
Viktualienmarkt-Waste |
| 917 |
Green waste |
| 91701 |
Garden and park waste as well as other biogenic wastes which do not comply with the requirements of the compost regulation idgF |
| 94 |
wastes from water treatment, waste water treatment and use of water |
| 949 |
Waste from the use of water |
| 94901 |
Residues from water purification (broot-repentant, fattening and demersal fish) |
Notes to Table 2:
The waste referred to in Table 2 is of biological origin (animal and vegetable products) and essentially contains hydrocarbon compounds in the solid substance; it can be re-divided into three groups:
Group 1:
"Natives" biological material, ie. Plants, plant parts (including extraction residues) and animal tissues in their natural composition. The solids content consists predominantly of biologically fixed carbon in the form of cellulose/lignin (cell wall, storage body), protein and glycerides (cell membrane, storage body). An "antropogenic" portion is low (at most 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 (optionally with specification), 17203, 18101, 19901, 19903, 19904, 19905, 19906, 19911, 53504, 91601, 91701, 94901
Group 2:
Vegetable and animal substances processed for food: The solids content of these wastes is predominantly of biological origin with small amounts of (inorganic) fillers and, at most, packaging residues.
11102, 11110, 11111, 11401, 11701, 11702, 12702, 12703, 12704
Group 3:
Processing residues with an increased inorganic fraction, but whose organic content is entirely of biogenic origin.
12901
