Organization Act 2010, Electricity Economic And Energy Control Act

Original Language Title: Elektrizitätswirtschafts- und -organisationsgesetz 2010 und Energie-Control-Gesetz

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110. Federal law, with which the electricity business and Organization Act 2010 and the Energy Control Act shall be adopted

The National Council has decided:

Table of contents



Article 1 Elektrizitätswirtschafts and Organization Act 2010 article 2 Energy Control Act article 1

Federal law newly regulates the Organization in the field of electricity (electricity business and Organization Act 2010 - ElWOG 2010)

Table of contents

1 part

Principles


§ 1 constitutional provision § 2. reference to Union law § 3 scope of § 4. objectives § 5. public service obligations § 6 principles for the operation of electricity companies § 7 definitions 2. part

Accounting, confidentiality, rights of access and inspection rights, prohibition of discrimination and cross-subsidies


§ 8 accounting, prohibition of cross-subsidies section 9 prohibition of discrimination § 10 rights of information and insight article 11 confidentiality 3. part

Power generating facilities and power supply agreement


§ 12 construction approval and operating permit section 13 power supply contract with electricity from third countries article 14 notification of electricity supply agreement 4. part

The operation of networks

1. main piece

General rights and obligations of the network operator


§ 15 granting of network access § 16 organization of network access § 17 conditions of network access § 18 changing network conditions § 19 quality standards for the Web services § 20 network access with insufficient capacity § 21 refusal of network access § 22 dispute settlement 2. main piece

Control zones

§ 23 Division of the control zones 3 main piece

Unbundling of transmission system operators

1 section

Ownership unbundling of transmission system operators

Section 24 requirements 2nd section

Independent system operator (independent system operator - ISO)


§ 25 conditions § 26 obligations § 27 independence of the transmission system owner 3 section

An independent transmission system operator (independent transmission operator - ITO)


§ 28 assets, independence, local services, likelihood of confusion § 29 independence of the transmission system operator § 30 independence of the company management and the employee § 31 independence of the supervisory body § 32. compliance programme and compliance officer 4. section

More effective independence of the transmission system operator

§ 33. requirements 5 section

Procedures in relation to transmission system operators


§ 34. procedure for the certification and designation of transmission system operators § 35. procedure for the certification of transmission system operators as regards third countries 4. main piece

Combination operators

§ 36. combination operators 5 main piece

Operation of transmission networks


37. network development plan § § 38. approval of the network development plan § 39. monitoring of the network development plan § 40. obligations of the operators of transmission networks § 41. approval of the terms of 6 main piece

Operation of distribution networks


§ 42. exercise conditions for distribution networks § 43. right to the mains connection § 44. ending facts and restructuring § 45. obligations of the distribution system operator § 46. exceptions from the General obligation of connection § 47. General conditions 5. part

System usage fees

1. main piece

Procedure for setting the system usage fees


§ 48. determination of the cost base § 49. system usage fees and compensation § 50 2. Regulation account main piece

Remuneration components


§ 51. provision of system usage fees § 52. network use charge § 53. network loss charge § 54. network access charge § 55. network deployment charge § 56. system service fees § 57. fee for measuring performance § 58. fee for other services 3 main piece

Principles of cost and quantity determination


§ 59. costing § 60. financing costs § 61. determination of the quantity structure 4 main piece

Principles of fee determination


§ 62. determination of remuneration and costs rolling § 63. network levels § 64. network areas 6 part

Duties of suppliers and electricity traders

§ 65 interchange 7 part

Producers


§ 66. producers § 67. tender of the primary control power § 68. raising the financing for the deployment of the primary control power § 69. tender of secondary control power § 70. supply via direct lines 8 part

CHP


§ 71. criteria for the efficiency of the cogeneration § 72. proof of origin for electricity from super efficient CHP § 73. recognition of origin from other States § 74. reporting 9 part

Obligations to customers


§ 75. network access permission § 76. change of the supplier or of the balance Group § 77. provider of last resort § 78. identity of origin (labelling) section 79. Special provisions on the labelling with § 80. General terms and conditions for the supply of electric energy § 81. minimum requirements for invoices and information and promotional material § 82. shutdown and information of customers § 83. intelligent instruments § 84. measurement of Intelligent measuring 10 part

Balance group


§ 85. Summary of network users in balance group § 86. Bilanzgruppenverantwortlicher § 87. tasks and duties the balance 11 part

Monitoring tasks

§ 88. 12 monitoring tasks part

Authorities


§ 89. jurisdiction of authority in other matters regulated by directly applicable federal law be 90th authority jurisdiction in electricity matters § 13 part

Special organisational regulations


§ 91. country electricity Advisory Committee § 92. arrangement and carrying out statistical surveys § 93. Automationsunterstützter traffic § 94. obligation to pass tax cuts § 95. information rights § 96. Automationsunterstützter traffic in the implementing legislation § 97. reporting obligations of State Governments 14 part

Penalties and fines

1. main piece

General commitment by the countries

§ 98. General commitment by the countries 2nd main piece

Administrative offences


§ 99. General penalty provisions § 100th withholding of tax cuts § 101. operating without certification § 102. price gouging § 103. limitation 3. main piece

Fines


§ 104. discrimination and other fine facts § 105. participating companies and succession § 106. rated § 107. limitation 4. main piece

Court criminal offences

§ 108. unlawful disclosure or use of data 15 part

Transitional and final provisions


§ 109. entry into force and repeal of legislation of Federal § 110. entry into force of provisions of principle and execution laws § 111. transitional provisions § 112. transitional arrangements in connection with routing and network development plan § 113. final provisions § 114. execution 1 part

Principles

Constitutional provision

§ 1.(Verfassungsbestimmung) the issuing, suspension, and enforcement of regulations, as set out in § 2, § 3, § 8, § 9, § 11, article 19, article 22, paragraph 1, § 24-§ 36, § 37 para 7, § 38, § 39, section 48 and section 65, 69, section 76, § 78, section 79, article 81 to § 84, § 88 par. 3 to 8, § 89, § 92 to § 94, § 99 to § 103, § 109 paragraph 2, contained in article 110 to article 112, article 113, paragraph 1 and article 114, paragraph 1 and 3 , are also in the concerns of Federal thing, for which the B-VG determines otherwise. The matters regulated in those rules can be provided directly by federal authorities.

Reference to European Union law

§ 2. By this federal law will be, taking into account the regulation 2009/713/EC establishing an agency for the cooperation of energy regulators, OJ No. L 211 of August 14, 2009 page 1,.



1. the directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, OJ No. L 211 of August 14, 2009 p. 55, (electricity market directive), 2 the Directive 2004/8/EC on the promotion of a thermal cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC, OJ No. L 52 of the 21.02.2004 p. 50, 3. (CHP directive) the directive 2006/32/EC on energy end-use efficiency and energy services, OJ No. L 114 of 27.04.2006 p. 64, and 4. the Directive 2008/27/EC on the promotion of energy from renewable sources, OJ No. L 140 of the 05.06.2009 applied p. 16, and 5 in regulation 2009/714/EC on access conditions to the network for cross-border exchanges in electricity and repealing Regulation 2003/1228/EC, OJ No. L 211 of August 14, 2009 performed p. 15, provisions reserved for the implementation by the Member States.

Scope

§ 3. This Federal Act has the aim of:



1. the issue of rules for the generation, transmission, distribution of and supply of electricity, as well as the Organization of the electricity industry;

2. the control of the system user fees and rules concerning accounting, internal organisation, unbundling and transparency of accounts of electricity undertakings;

3. the establishment of other rights and obligations for electricity companies.

Objectives

§ 4.(Grundsatzbestimmung) this Act aims,



1.

the Austrian population and economy low-cost electricity in high quality to make;

2. a market organization for the electricity sector in accordance with the EU's primary law and the principles of the internal market in electricity directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, OJ No. L 211 of August 14, 2009 p. 55, (electricity internal market directive) to create;

3. the potential of the combined heat power (CHP) and cogeneration technologies in accordance with annex II as a means to guarantee of the security of supply to use sustainable and energy;

4. by creating appropriate framework conditions to increase the power and security of supply and sustainable to ensure;

5. the further development of electricity production from renewable energy sources to support and ensure the access to the grid of electricity from renewable sources;

6 compensation for public service obligations in the general interest to create, that were imposed on the electricity companies and which relate to security, including security of supply, regularity, quality and price of supplies and environmental protection.

7. the public interest in the supply of electrical energy, particularly from domestic, renewable resources, to take into account when assessing infrastructure projects.

Public service obligations

§ 5.(Grundsatzbestimmung) (1) who have implementing legislation to impose the following public service obligations in the general interest to network operators:



1. the discriminatory treatment of all customers of a network;

2. the closure of private agreements with network users connecting to your network (General port duty);

3. establishing and maintaining a network infrastructure sufficient for the domestic electricity supply or for the fulfilment of international commitments.

(2) the implementing legislation have related to the electricity companies public service obligations in the general interest to impose:



1. the fulfilment of the obligations imposed by law in the public interest;

2. the participation in measures to eliminate network bottlenecks and measures to ensure of security of supply.

(3) the execution laws have to provide that electricity companies to seek the best possible fulfilment of obligations imposed on them in the public interest with all means available to them have.

Principles and operation of electricity companies

§ 6.(Grundsatzbestimmung) execution laws have to provide that electricity companies to act as customer - and competition-oriented provider of energy services based on the principles of a safe, low-cost, environmentally-friendly and efficient deployment of the requested services, as well as a competition-oriented and competitive electricity market. These principles are as to anchor business objectives.

Definitions

The meaning of this Federal Act means section 7.(Grundsatzbestimmung) (1)



1. "Agency" the Agency for the cooperation of energy regulators in accordance with regulation 2009/713/EC establishing an agency for the cooperation of energy regulators, OJ No. L 211 of August 14, 2009 page 1;

2. "Power" that for network use at the transfer point contractually agreed performance.

3. "Balancing" the difference between the agreed timetable value and the actual cover or the actual delivery of the balance group of ever defined measurement period, whereby the energy per measuring period; actually recorded or calculated

4. "Balance group" means a group of suppliers and customers to a virtual group, within which a balance between application (reference schedules, feeds) and delivery (delivery schedules, fed) occurs;

5. "Balance Group Coordinator" a natural or legal person or registered partnership, the a clearing house operates;

6. a "Managed" compared to other market participants and the balance Group Coordinator responsible a balance group, which represents the balance group;

7. "decentralized production facility" means a production line, which is connected to a public medium and low voltage distribution system (data transfer point) and thus has close to consumers or a production plant, which serves the self-sufficiency;

8 'Direct line' either a pipe that connects a single production site with a single customer or a line, an electricity producers and an electricity supply undertaking for the purpose of direct supply with their own premises, subsidiaries and eligible customers connects; Lines within are not considered by residential buildings direct lines;

9 "Third countries" States, that not the agreement on the European economic area joined or not are a member of the European Union;

10 "Feeder" a producer or an electricity company, the or the electrical energy in a power is off;

11 "Electricity undertaking" a natural or legal person or a person Corporation, which carries out one or more in profit of the functions of production, transmission, distribution, supply or purchase of electric energy and the commercial, technical or maintenance tasks related to those functions performs, with the exception of the final consumer;

12 'Final consumer' any natural or legal person or registered partnership, electricity for own consumption purchases;

13 "energy efficiency/demand-side management" a global or integrated approach to controlling the amount and timing of electricity consumption in order that reduce primary energy consumption and peak loads to reduce, by precedence over investments to increase generation capacity given to investments to improve energy efficiency or other measures, such as interruptible supply contracts, with it taking into account the positive effects of lower energy consumption on the environment and the associated aspects of increased security of supply and lower distribution costs represent the most effective and economical option.

14 "Extractor" a consumer or a network operator, the electric power from a transmission or distribution system takes.

15 'ENTSO (current)' the European network of transmission system operators for electricity in accordance with article 5 of regulation 2009/714/EC;

16. "renewable energy source" means a renewable non-fossil energy sources (wind, Sun, geothermal, wave and tidal energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogas);

17 "Producers" a natural or legal person or a registered partnership, the electricity generated;

18 'Production' the production of electricity;

19 "Generation from combined heat and power (CHP generation)" the amount of electricity, mechanical energy and useful heat from cogeneration.

20 "Production line" a power station or power plant Park;

21 'Roadmap' that document which indicates to what extent electrical performance than predicted performance mean in a constant time interval (measurement periods) at certain points of the network; fed and removed or exchanged between balance sheet group

22. "functionally connected network" means a network which is directly or indirectly via another network or several networks in the network levels 3 to 7 transformatic or electrically connected to a high-voltage grid. A network is connected indirectly via multiple networks on the high-voltage grid so it is considered with that functionally connected, to a direct transformer or galvanic connection exists. Apply these features on several networks, so a network with that of as functional is connected, which emits a larger annual amount of energy to end-users.

"electrically connected network areas" network, which electrically conductive connected are 23;

24 "overall efficiency" the sum of the annual production of electricity, mechanical energy and useful heat in proportion to the fuel used for heat generated in CHP and gross electricity and mechanical energy production;

Customers, electricity for own consumption in the household to buy 25 'Household customers'; This does not include commercial and professional activities;

26 "Services" all services that are required for the operation of a transmission or distribution system;

27 "highly efficient combined heat and power" the CHP that meets the criteria set out in annex IV;

28. 'horizontally integrated electricity undertaking' means a company, at least one of the features commercial generation, transmission, distribution of or perceived supply of electricity and that also exerts an additional activity outside of the electricity.

29 "Electricity produced in cogeneration" power, generated in a process, which is linked to the production of useful heat and calculated in accordance with the method laid down in annex III;

30 "integrated electricity undertaking" a vertically or horizontally integrated electricity companies.

31.

"smart meter" has a technical device which quickly measures the actual energy consumption and period of use, and that a remote readout, bi-directional data transfer;

32. "kennzeichnungspflichtiges advertising material" any advertising material addressed to consumers, on the sale of electrical energy is aligned. This includes a fall) promotional material for the product sales for individual customers, such as product brochures;

(b) other standardized product-print media, which are geared for sale;

(c) online product advertising;

33. take "Small businesses" 1 KSchG, which employ fewer than 50 persons in the sense of § 1 para 1 Z, consume less than 100 000 kWh per year of electricity and have an annual turnover or an annual balance sheet total not exceeding EUR 10 million;

34. rights 'Control', contracts or any other means, which individually or collectively provide the possibility, taking into account all the factual or legal circumstances, to exercise a decisive influence on the activity of a company, in particular by;

a) ownership or rights of use of all or parts of the assets of the company;

b) rights or contracts which grant a decisive influence on the composition, the deliberations or decisions of the organs of the company;

35. pro-rata associate a. calculation procedure, which is applied to a consumer collective costs of connection network level, the it is directly connected, as well as the cost of all overlying network levels to "Cost rolling";

(a) "Cost rolling after looking at gross" a cost rolling at the cost of a network layer on the network use of all directly and indirectly, subordinate IE. including in all network levels, extractor connected to and feeder are involved. Performance and energy flows between the power levels are not included;

(b) "Cost rolling after the net consideration" a cost of rolling, in which the distribution key for the cost to rolling not from Summary Web use in the respective and all subordinate levels result, but solely from the use by direct-attached extractor and feeder and the interface to the directly subordinate level;

36. "Combined heat power (CHP)" the simultaneous production of thermal energy and electrical and/or mechanical energy in a process;

37. "heat balance of power" (power indicator) the ratio calculated on the basis of the operational data of the specific block of CHP electricity to heat in full cogeneration mode;

38. "Kraftwerk" a facility that is designed, through energy conversion electrical energy to produce. She can consist of several production units and includes all related auxiliary equipment and auxiliary equipment;

39. "Power plant Park" is a group of plants, which has a common network connection;

Buy 40. "Customers" end users, electricity traders and electricity companies, the electrical energy;

41. "Cogeneration unit" one block that can be operated in CHP mode

42. "CHP smallest" a CHP plant with a capacity of not more than 50 kW;

43. "small CHP" cogeneration units with an installed capacity below 1 MW;

44. "Load profile" one in time intervals represented reference amount or quantity of a single power supply unit or discharge shall;

45. "Supplier" a natural or legal person or registered partnership, the other natural or legal persons provides;

46. "Market rules" the sum of all rules, regulations, and rules on statutory or contractual basis, to comply with the market participants in the electricity market have, to allow an orderly functioning of this market and to maintain;

47. "market participants' balance, provider, electricity traders, producers, suppliers, network users, customers, consumer, balance group coordinators, power exchanges, transmission system operators, distribution system operators and control area manager;

48. "Power" the physical connection of the system of a customer or generator of electric energy with the power system;

49. injects "Power user" any natural or legal person or registered partnership, the electricity into a grid or removes from a network;

50th, use same price approaches apply to "Range" that part of a network;

51. "Operator" operators of transmission or distribution systems with a nominal frequency of 50 Hz.

One 52. "Power level" in the main portion determined by the voltage level of the network;

53. "Network access" the use of a network system;

54. "Network access entitled" sought a natural or legal person or registered partnership, the network access including electricity companies, as far as this is necessary for the performance of their duties;

55. "Network access agreement" the individual agreement between the network access controller and a network operator, which regulates the power supply and the use of the network;

56. "Network access" the first-time production of a network connection or increasing the power of existing grid connection;

57. "Heat" produced in a cogeneration process to satisfy an economically justifiable heat or cooling demand heat;

58. "Primary control" one automatically, effectively increasing recovery of balance between production and consumption with the help of the turbine speed control according to the static characteristic of machines in the time range up to a maximum of 30 seconds after the fault occurrence.

59. "Control area" the smallest unit of the system, which is equipped with a power frequency control and operated;

60. "Control area manager" who is responsible for the power frequency control in a control area, this function on the part of a third company, which has its seat in another Member State of the European Union, can be fulfilled

61. where the cogeneration process interrupted the electricity supplied through the electricity grid in cases "Reserve power" among others due to maintenance work or the service is;

62. "Secondary control" expectant automatically effective recovery of nominal frequency after disturbance of the equilibrium between generated and consumed active power with the help of Central or decentralized control equipment. Restore the desired frequency may be in the range of several minutes;

63. "Security" security of electricity supply and deployment as well as the operational safety;

64. a "standardized load profile" by a suitable procedure for a particular feeder or discharge employees group characteristic load profile;

65. "Electricity traders" a natural or legal person or registered partnership, the electricity in profit sold;

66. "System operator" a network operator that has the technical and organisational facilities, all measures necessary to the maintenance of the network operation set to;

67. "Tertiary rules" effectively in the longer term future, triggered manually or automatically retrieving electrical power, which is intended to support or complement the secondary control or the longer-term replacement of secondary control power already enabled (minute reserve);

68. "Transfer" the transport of electricity on a voltage - and high-voltage interconnected system for the purpose of its delivery to final customers or to distributors, but with the exception of the supply;

69. "Transmission" means a high-voltage grid with a voltage level of 110 kV and above, that serves the supraregional transport of electrical energy;

70. "Transmission network operator" means a natural or legal person or registered partnership, which are responsible for the operation, maintenance and, if necessary, a reasonable demands to satisfy, is the expansion of the transmission and, where appropriate, the interconnections with other systems and for ensuring the long term ability of the system, after transmission of electricity; Transmission system operators are the Verbund-Austrian power grid AG, TIWAG Netz AG and the transmission VKW Netz AG;

71. "Interconnectors" systems, which are used for the composite circuit of electricity networks;

72. 'connected electricity undertaking' a) an associated company within the meaning of section 228 para 3 business law book (UGB), b) an associated company within the meaning of § 263 1 UGB or c) two or more undertakings, whose Aktionäre are identical;

73. "Grid" a number of transmission and distribution networks, by one or more connection cables are connected.

74. "Supplier" is a natural or legal person or person Corporation, which carries out the supply.

75. "Supply" the sale, including resale, of electricity to customers;

76.

"Distribution system operator" a natural or legal person or person Corporation, which is responsible for the operation, maintenance and, if necessary, developing the distribution system in a given area and, where appropriate, the interconnections with other systems and for ensuring the long term ability of the system for the distribution of electricity to satisfy reasonable demands;

77. 'Distribution' the transport of electricity on high -, medium -, or low voltage distribution networks for the purpose of delivery to customers, but with the exception of the supply;

78. "vertically integrated electricity company" is a company or group of companies, in which the same person is entitled, directly or indirectly to exercise control, where the undertaking or the group in question at least one of the functions of transmission or distribution and at least one of the functions production of or perceived supply of electricity;

79 "Efficiency" the calculated on the basis of the lower value of fuel efficiency;

80th "efficiency reference values for separate production" an alternative separate production of heat and electricity, efficiency through cogeneration to be replaced

81. "economically justifiable demand" the requirement that does not exceed the required heat or cooling performance and the otherwise would; covered by other energy production process as the CHP to market conditions

82. "economic precedence" the ranking of sources of electricity according to economic aspects.

83., a current amount metrological point of view captures the upstream or point of use "Counter point" and is registered. A summary of multiple counting points is not allowed;

84. "Extra power" exceeds the electricity supplied through the electricity grid in cases where the electricity demand of the electrical production of the cogeneration process.

(2) as far as this federal law provisions of other federal laws, or directly applicable European Union law referenced in these provisions are to apply in their respectively valid version.

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

2 part

Accounting, confidentiality, rights of access and inspection rights, prohibition of discrimination and cross-subsidies

Accounting, prohibition of cross-subsidies

Electricity companies have section 8 (1), to create regardless of their ownership and their legal form, annual financial statements, review by an auditor and, insofar as she required under the provisions of the accounting Act, are to publish. The audit of the financial statements has to refer whether the obligation to prevent unfair cross-subsidies referred to in paragraph 2 is observed also to the investigation. The creation, testing, as well as the publication of the annual financial statements have according to the provisions of the accounting Act to be carried out. Electricity companies, which are not legally obliged to publish their annual accounts, have to keep a copy of the annual financial statements available to the public at the registered office of the company.

(2) the network operator has to refrain from cross-subsidies. Electricity companies are therefore obliged to avoiding discrimination, cross-subsidisation and distortion of competition, within the framework of their internal accounting



1. own accounts within the framework of separate accounting groups for their a) generation, electricity trading and supply activities, b) transfer activities, c) distribution activities and d) to other activities;

2. the balance sheets and income statements of the individual areas of electricity and whose assignment rules according to para 3 to publish;

3. consolidated accounts for their activities outside the area of electricity to run and a balance sheet and an income statement according to para 1 to publish.

The internal accounting has any activity to include a balance sheet and an income statement. Those rules, including the rules on depreciation, to specify, according to which the items of assets and liabilities and the reported expenses and income are assigned to the accounting groups segregated in accordance with no. 1 are also in internal accounting - without prejudice to the commercial and fiscal rules -. Changes to these rules are allowed only in exceptional cases. These changes must be mentioned and duly justified. Revenue from ownership of the transmission or distribution system are separately in the accounts.

(3) in the notes to the annual accounts transactions, which performance, remuneration or any other economic benefit exceeds a value of one million euros and are with associated electricity companies (article 7, paragraph 1 Z 72) made been are performing separately. The business object consists of several parts, for which each a separate business is completed, so the value of each business must be considered when calculating the threshold value.

Prohibition of discrimination

§ 9 operators are prohibited from those persons who use their facilities or intend to use or specific categories of such persons, in particular in favour of vertically integrated electricity companies, discriminatory to treat.

Information and access rights

§ 10 electricity companies are obliged to provide access to all economically relevant documents and records to the authorities, including the regulatory authority, at any time, as well as to provide information about all the relevant issues concerning law enforcement activities. This obligation to the tolerance of the inspection and supply the information without concrete reason also exists if these documents or information to clarify or to prepare the clarification of relevant facts in future perform procedures are required. In particular, electricity companies have all the information available to make that allow a proper assessment of the authority. The electricity company does not fulfil this obligation, the authority of their assessment can base an estimate.

Confidentiality

Article 11 without prejudice to legal obligations and commitments arising from the regulation 2009/714/EC and of the acts adopted in implementation, have to disclose information operators commercially sensitive information as well as business and trade secrets, of which knowledge gain it in the exercise of their activities, to keep confidential. You have to prevent that information will be disclosed in a discriminatory manner, in particular in favour of vertically integrated electricity undertakings, of their activities that can bring economic benefits.

3 part

Generators and power supply agreement

Construction approval and operating permit

Articles 7 and 8 of the directive to set 2009/72/EC have section 12 (1) (principle of determination) the implementing laws anyway, for the construction and commissioning of production facilities, as well as the requirements for the carrying out of preparatory work based on objective, transparent and non-discriminatory criteria in the sense.

(2) (principle provision) the implementing legislation may provide that distributed generation plants that generate electricity from renewable energy sources or waste, and systems which operate on the principle of combined heat and power, are up to a certain performance a simplified procedure or an obligation to undergo. Plants which are grants - or a notifiable disease according to the provisions of the GewO 1994, are anyway exempt from an obligation to grant.

Power supply contract with electricity from third countries

§ 13 power supply agreements, which have the relation of electrical energy to the domestic requirement from third countries on the subject,



1 that generate electric energy in plants to cover their demand, which are not state of the art or assumes a direct or indirect threat to the life or health of which people located in the territory of, animals and plants or 2 which prove not the proper disposal of waste in the production of electrical energy and create waste incurred no concept for the future of the generation , are not permitted.

Hailing from electricity supply agreement

§ 14 power supply agreement with maturities exceeding one year and a circumference of more than 500 million kWh a year, which have the relation of electrical energy from the territory of the European Union to the domestic needs to the subject, are to report to the regulatory authority. The regulatory authority has this power supply agreement.

4 part

The operation of networks

1. main piece

General rights and obligations of the network operator

Granting network access

Network operators are § 15.(Grundsatzbestimmung) to commit through the implementing legislation, to grant network access authorized network access to the approved policies and specific charges for system use.

Organization of network access


§ 16.(Grundsatzbestimmung) execution laws have to provide a legal right of the beneficiaries in accordance with § 15, based on the approved terms and conditions and the system usage fees determined by the regulatory authority to require the use of the network (regulated network access system).

Conditions of network access

§ 17.(Grundsatzbestimmung) (1) the conditions for access to the system must be non-discriminatory. You may contain no abusive practices or unjustified restrictions and endanger security of supply and quality of services.

(2) the implementing laws have provided that a control area network operators coordinate their policies on each other. For those consumers who are Nos. 6 and 7 to the power levels pursuant to § 63, have less than 100 000 kWh annual consumption, or less than 50 kW power, are in any case, standard load profiles to create. It is also the form of creation and customization (synthetically, analytically) to determine this standardized load profiles. It is to provide that these standardized load profiles in an appropriate form to be published. For feeder with less than 100 000 kWh annual supply or less than 50 kW power supply are also standardized load profiles to be provided.

(3) the policies shall contain in particular:



1. the rights and obligations of the Contracting Parties, in particular to compliance with the other market rules;

2. the standard load profiles associated with individual network users;

3. the minimum technical requirements for network access;

4. the different services to be available from the distribution companies in the context of network access;

5. the period to answer its requests at least within are;

6. the announcement of planned interruptions of supply;

7. the minimum requirements with regard to appointments with the users of the network;

8. those standard that is in the data transmission market participants;

9. the procedure and the arrangements for requests for network access;

10. the data to be supplied by the users of the network;

11. a note on statutory dispute resolution procedures;

12. a period of not more than 14 days from receipt, within which the Distributor has to answer the desire of network access;

13. the basic principles for the settlement and the form of the accounting;

14. the obligation of network access entitled to the advance payment or security deposit (cash deposit, bank guarantee, deposit of not pledged savings accounts) at an appropriate level to be expected in this respect according to the circumstances of the individual case is that the network user not or not timely comply with his payment obligations;

15 procedures to which the network user is required to make instalment payments, whereby a payment is at least ten times a year anyway, to offer;

16 any compensation and the refund arrangements for non-compliance with the contractually agreed performance.

Also standards and regulations of technology (technical rules) in their currently valid version binding can be explained in terms of distribution system.

(4) the execution laws have to provide that network operators have to inform the customer before conclusion of the contract about the essential content of the terms and conditions. For this purpose, the customer a leaflet is handed over. The implementing legislation have also to ensure compliance with the measures laid down in the annex I of to Directive 2009/72/EC for the protection of the customers. Network policies are to follow the customers request.

(5) the implementing laws have to provide that network users receive transparent information on applicable prices and tariffs, as well as on the General conditions.

Changing network conditions

§ 18.(Grundsatzbestimmung) be approved new General conditions of network, has the network operator this the users of the network in a letter addressed personally to them within four weeks after the approval to announce and send this to them at their request. In this letter, or on the invoice are the changes to the General conditions and the criteria that must be observed when changing under this Federal Act, traceable to play. The changes shall be deemed agreed from the first of the month following three months of.

Quality standards for the Web services

Section 19 (1) has the regulatory authority to set standards for network operators regarding the security, reliability, and quality of services provided to network users and other market participants and key performance indicators to monitor compliance with regulation on the tasks set out in this Act and obligations of system operators. Any compensation and the refund arrangements are failure to comply with the standards for network operators in regulation to set when the compliance with the established standards is otherwise not fully ensured. Has the regulation issuing a general review process to go ahead at the opportunity to comment to give is especially the affected operators.

(2) these standards may include, in particular:



1. safety and reliability of the network operation including the duration and frequency of the supply disruptions;

2. deadlines for the production of connectors to the network and that made repairs and the announcement of supply disruptions;

3. time limits for responding to requests for the provision of network services;

4. complaint management;

5. to be respected figures concerning the voltage quality.

(3) in regulation to set standards for network operators are to record in their general conditions, to the extent that they relate to the rights and obligations of the network operator to the Web Access authorized.

(4) the network operator have a year to submit the figures laid down in the regulation the regulatory authority and publish.

Network access with insufficient capacities

§ 20.(Grundsatzbestimmung) rich existing line have the capacity not to meet all requests for use of a system, as the implementing laws to provide that - without prejudice to the obligation to comply with the provisions of regulation 2009/714/EC and the guidelines adopted on the basis of this regulation - transport to supply customers with electricity from renewable energy sources and cogeneration plants have priority.

Refusal of network access

Section 21 (1) (principle of determination) that have implementing legislation to provide that access to the network for the following reasons may be denied network access entitled:



1. exceptional power States (incidents);

2. lack of capacity of the network;

3. If the network access for electricity supplies is rejected for a customer, which is in your system from the supply is or is to be, not as a registered customer;

4. if otherwise electricity would pushed out from CHP, district heating-oriented, environmental and resource efficient and technically economically viable or equipment for renewable energy despite walking on the current market prices, which are opportunities to sell this power to third parties to use.

The denial is to establish the network access controller.

(2) (constitutional provision) the regulatory authority shall on request of the person who was claimed, violated by the refusal of network access in its statutorily granted right to grant network access to be within a month to determine whether conditions for the refusal of network access referred to in paragraph 1 are met. The operator has to prove the existence of the refusal offence (para. 1). The regulator has to work in any position of the procedure on an amicable settlement between legitimate network access and network operators.

(3) (determination of principle of) the implementing laws have provided for the assessment of the network access permission those laws to apply have, that apply in that country, in the person who makes an application referred to in paragraph 2, is headquartered (primary residence). The implementing legislation to provide the application of those laws and regulations that apply at the headquarters of the network operator has denied network access, have with regard to assessing the net access refusal grounds.

Dispute resolution procedures

Section 22 (1) in disputes between legitimate network access and network operators concerning the legality of the refusal of network access decides the regulatory authority - absence of any jurisdiction of the cartel Court under antitrust law 2005 -.

(2) in all other disputes between



1. network access authorized and operators from this relationship commitments, 2. the independent system operator in accordance with article 25 and the owner of the transmission network in accordance with § 27, 3. the vertically integrated electricity undertaking and the transmission system operator in accordance with § 28 4, as well as in matters of billing the balance energy


decided by the courts. A suit of network access authorized pursuant to no. 1, as well as a claim under Z 2-4 E-ControlG can be introduced only after the notification of the decision of the regulatory authority in the dispute settlement procedure in section 12 paragraph 4 within the period prescribed. If a procedure in accordance with no. 1 the regulatory authority is pending, no judicial proceedings can be made up to its conclusion in same thing pending.

(3) without prejudice to the provision of paragraph 2, a lawsuit claims based on a refusal of network access, can be introduced only after the decision of the regulatory authority on the legality of the refusal of network access; such a decision constitutes a preliminary question for the court proceedings, this is to break up to the legal force of the decision of the regulatory authority.

2. main piece

Control zones

Breakdown of control zones

Section 23 (1) (determination of principle of) the implementing laws have for the area that is covered by the broadcast networks operated by of VERBUND-Austrian power grid AG, TIWAG Netz AG and the transmission VKW Netz AG, provided that each is made up a control area. The Verbund-Austrian power grid AG, TIWAG Netz AG and the transmission VKW Netz AG or their successors are named as control area manager. The summary of control areas in the form of a joint operation by a control area manager is allowed.

(2) (principle provision) the implementing laws to impose the following obligations have the control area manager:



1. the deployment of the system (power frequency control) services according to the technical rules, such as about the ENTSO (current), where this system service can be provided by third party companies;

2. the road map settlement with other zones;

3. the organisation and the use of balancing energy according to the curve of the tenderer;

4. measurement of electrical quantities of its electricity network interfaces and transmission of data to the balance Group Coordinator and other operators;

5. the identification of bottlenecks in transmission networks, as well as the implementation of measures to prevent, eliminate and overcome bottlenecks in transmission networks, also maintaining security of supply. Provided for the network bottleneck elimination required the control area manager in consultation contracts with the affected operators of distribution networks with producers, requiring them to services (increase or restriction of production, change the availability of production equipment) for compensation of economic disadvantages and costs caused by these services; This is plants of generation, where renewable energy sources are used, the priority is to give and to make sure that instructions to operators of CHP district heating supply not compromised. In determining system usage fees, the expenses incurred them in the fulfilment of these obligations to recognize; are the rule zone leaders

6. accessing of the generation facilities for the application of regulation energy;

7. the implementation of a separation of control energy to balance energy according to transparent and objective criteria;

8. the physical balance between application and needs to be covered by you system to ensure;

9. the clearing of balancing one to carry out this activity perform transfer authority and to provide the data required to carry out the settlement this as well as the balance, and in particular the costs required for balancing energy and performance, as well as to provide those counts for the calculation of schedule deviations and the deviation from the load profile for each account group are;

10. the creation of a load forecast for detecting bottlenecks;

11 contracts for exchanging data with other operators, to complete the balance and the balance group coordinators and other market participants, according to the market rules;

12. the naming of the balance Group Coordinator and their display to the authority;

13. the publication of the primary control power utilized and secondary control power with regard to duration and height, as well as the results of the tendering procedure in accordance with article 67 and in accordance with section 69;

14. the systems to make transmitted the data delivery and evaluation for parallel data from generation facilities pursuant to article 66, paragraph 3 and to operate to exclude being a disclosure of that information to third parties;

15. a programme to create, ensures that, compliance with the obligations in accordance with Z 14;

16. by the Agency, as well as the regulatory authority to cooperate to ensure the compatibility of regional regulatory framework and thereby the creation of a competitive single market for electricity.

17. for purposes of capacity allocation and the review of network security at the regional level one or more integrated systems to have, covering one or more Member States;

18 regional and nationally the calculation of cross-border capacity and the award in accordance with the requirements of regulation 2009/714/EC to coordinate;

19 measures which serve the market transparency, to coordinate cross-border;

20th unification to Exchange rule energy products perform.

21. in cooperation with other rule zone leaders a regional assessment and forecast of the security of supply to make;

22. in cooperation with other rule zone leaders in exchange of the data required to carry out a regional operational planning and coordinated network security system operating to use;

23. the template of rules for the congestion management including the allocation of capacity on the cross-border lines and any changes in these rules to the approval of the regulatory authority;

24 offers for control energy to catch up, to take over and prepare a polling order default for control area manager;

25 special measures to take, if there are no offers for balancing energy.

(3) (determination of principle of) the implementing laws have provided that companies are excluded from the activities of a balance Group Coordinator, which are a determining influence of companies or group of companies, carrying out at least one of the functions of the commercial generation, transmission, distribution, or supply of electricity. In addition, it is to make sure that



1. the balance Group Coordinator in accordance with tasks assigned to para 4 and 5 to the care in safe and cost-effective way to meet him is capable of; a cost-efficient performance of the tasks is to accept anyway, then if in determining the cost base for the clearing house, which are placed to determine the procedure to be applied system usage fees and principles underlying;

2. the persons, who have qualifying holdings in the balance Group Coordinator, meet the requirements to be in the interest of the sound and prudent management of the company;

3. If any of the management boards of the balance Group Coordinator exclusion is a reason within the meaning of § 13 para 1 to 6 GewO 1994;

4. the Board of Directors of the balance Group Coordinator is technically suited due to his educational background and has the required properties and experiences for the operation of the company. The professional competence of the Executive Committee requires that this has sufficient theoretical and practical knowledge in the settlement of balance energy, as well as management experience; the professional competence for the management of a clearing house is to think if an at least three senior activity in the field of tariff classification or accounting;

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

6. no Board exercising a new main occupation outside of the balance Group Coordinator, is suitable to cause conflicts of interest;

7. the seat and headquarters of the balance Group Coordinator in the domestic and the balance Group Coordinator has a facilities corresponding to his duties;

8. the available management system meets the requirements of a modern settlement system;

9. the neutrality, independence and the confidentiality of data compared with market participants are guaranteed.

(4) (principle provision) that have implementing legislation provided that the tasks of the balance Group Coordinator have to include the following activities:



1. the assignment of identification numbers of balance groups;

2. the provision of interfaces in the field of information technology;

3. the management of schedules between record groups;

4. the acquisition of measurement data provided by the network operators in the prescribed form, their evaluation and dissemination to the relevant market participants and other balance according to the provisions contained in the treaties;

5. the acquisition of schedules of the balance and pass it on to the relevant market participants (other conduct) according to the provisions contained in the treaties;

6. the credit assessment of the balance;

7.

the participation in the development and adaptation of regulations in the area of customer Bill of Exchange, settlement and billing;

8. the accounting and organizational measures on resolution of financial groups;

9. the allocation and assignment of the difference arising due to the use of standardised load profiles on the market participants connected to the network of an operator after the readings according to transparent criteria;

10. the settlement of clearing fees to the balance;

11. the calculation and mapping of balancing energy.

12 the conclusion of contracts a) with balance, other rule zone leaders, network operators and electricity suppliers (producers and distributors);

(b) with facilities for the purpose of data exchange to create an index.

(c) with power exchanges through the transmission of data;

(d) with suppliers (producers and electricity traders) on the transmission of data.

(5) (principle provision) calculation and mapping of the balancing energy are part of the balance Group Coordinator - the absence of special arrangements in the framework of agreements pursuant to article 113, paragraph 2 - anyway,



1. the difference of timetables to measurements to take and resulting balance energy to identify, assign and charge;

2. the prices for balance energy according to the section 10 clearing offices act procedures to determine and in an appropriate form to publish;

3. the charges for balance energy to calculate and notify the balance and control zone leaders;

4. the used standard load profiles to record, archive and publish, in an appropriate form

5. information on which to secure the market participants to provide a transparent and discrimination-free and as liquid control energy market measures. These include anyway, a current representation of the received offers for balancing energy and performance (involuntary Exchange, primary, secondary, and tertiary control) or similar instruments, as well as a current representation of the fetched offers.

(6) (principle provision) the implementing laws have to provide viewing took place naming of the balance Group Coordinator of the authority have the control area manager. The activity of a control zone leader extends over several countries, is to bring all State Governments affected within its sphere to the display. The requirements to be assigned to in accordance with paragraph 3 are not available, has the authority to determine this by decision. Before issuing a permit, with those State Governments the authority has to produce the agreement, whose scope is the control area.

(7) (determination of principle of) issued a determination letter six months after notification in accordance with paragraph 6 and provides no State Government within this period a request in accordance with article 15 paragraph 7 B-VG, have the implementing legislation to provide that the named is entitled to engage in the activity of a balance Group Coordinator. The execution laws have provided that permission to engage in activity a balance Group Coordinator to withdraw is when the criteria referred to in paragraph 3 no longer exist. That provided procedures is last sentence in paragraph 6 apply.

(8) (principle provision) in cases in which



1 not a balance group coordinator pursuant to subsection 6 is displayed or 2 the authority has issued a determination notice pursuant to subsection 6 or 3. permission to engage in activity as a balance Group Coordinator has been detected off, officio the authority to select a suitable person, taking into account the exercise conditions specified in paragraph 3 and to commit, to assume the duties of a balance Group Coordinator. The authority has to establish the agreement with those State Governments in whose scope extends the control area. The authority has this approval to repeal as soon as a suitable balance Group Coordinator is named from the control area manager. Prior to repeal this decision with those State Governments the authority has to produce the agreement, in whose scope extends the control area.

(9) (constitutional provision) if encounter network bottlenecks in the transmission system of the control area and services of producers are required for their elimination and a contractual agreement referred to in paragraph 2 is not Z 5, the producers on arrangement of the control zone leader, in consultation with the affected operators of distribution networks, to provide services (increase or restriction of production, change the availability of production plants) have. The procedure for the determination of adequate remuneration for these services is to be set in a regulation of the regulatory authority, taking as a basis the economic disadvantages and costs of producers, which are caused by these services, to attract are. It is also to ensure that a priority to give is for the supply of electricity on the basis of renewable energy sources and instructions to operators of CHP district heating security is not endangered. Last sentence shall apply mutatis mutandis ABS 2 Z 5.

3. main piece

Unbundling of transmission system operators

1 section

Ownership unbundling of transmission system operators

Prerequisites

Section 24 (1) the transmission system operators must be owner of the transmission system.

(2) the same person is not entitled



1. directly or indirectly control over a company to exercise, which takes one of the functions of generation or supply, and to exert direct or indirect control over a transmission system operator or to exercise rights to a transmission system operator;

2. directly or indirectly exercises control over a transmission system operator to perform and directly or indirectly through a company to exercise control, which is one of the functions of generation or supply, or rights in a company, the one of these functions, to exercise;

3. members of the Supervisory Board or the bodies appointed to legally represent a transmission system operator to order and directly or indirectly to exercise control of a company, which is one of the functions of generation or supply, or rights to a company that perceives one of these functions to perform.

4. Member of the Supervisory Board or the bodies appointed to legally represent a company that carries out any of the functions of generation or supply, as well as a transmission system operator or a transmission system.

(3) the rights referred to in paragraph 2 shall include in particular the following:



1. the power to exercise voting rights;

2. the power to appoint members of the Supervisory Board or the bodies appointed to the legal representative;

3. holding a majority stake.

(4) the obligation of paragraph 1 is considered to be fulfilled, if two or more companies, are the owners of transmission networks, set up a joint venture that operates in two or more Member States as transmission system operators for the transmission systems concerned. No other company may be part of the joint venture, unless it has been approved in accordance with § 25 as an independent system operator or in accordance with section 28 as an independent transmission system operator.

(5) if the person referred to in paragraph 2 to the Member State or another public body, so two separate public bodies which, on the one hand, exercising control over a transmission system operator and on a company that carries out any of the functions of generation or supply, on the other hand, are not considered one and the same person.

6 also undertakings within the meaning of § 6 includes par. 2 Nos. 1 and 2 Z 13 of the gas business Act 2010.

(7) personal and commercially sensitive information, has that a transmission system that was part of a vertically integrated electricity company, may not be further companies, carrying out one of the functions of generation or supply. § 11 remains unaffected.

2. section

Independent system operator (independent system operator - ISO)

Prerequisites

Section 25 (1) in cases where the transmission grid has been on September 3, 2009, in the ownership of a vertically integrated electricity enterprise, is possible under section 24 does not apply ownership unbundling and designate an independent system operator on proposal of the owner of the transmission system.

(2) the independent system operators must provide evidence of following:



1. it complies with section 24 para 2;

2. He has the necessary financial, technical, human and material resources;

3. He is committed to implement a network development plan monitored by the regulatory authority;

4. He must be able to comply with its obligations under the regulation 2009/714/EC, with regard to the cooperation of transmission system operators at European and regional level,

5. the owner of the transmission system must be able to fulfil his obligations pursuant to § 26 para 2. For this purpose, are all agreements, in particular with the independent system operator, to submit to the regulatory authority.

Obligations


§ 26 (1) every independent operator is responsible for the provision and regulation of access of third parties, including the collection of access charges and congestion of congestion rents and payments under the compensation mechanism between transmission system operators in accordance with article 13 of the regulation 2009/714/EC for operation, maintenance and development of the transmission network, as well as for ensuring the long term ability of the system to meet reasonable demands in the way of investment planning. On the expansion of the transmission network of independent operators for planning (including authorisation procedure), construction and commissioning of the new infrastructure is responsible. This is in accordance with the relevant provisions of independent system operators as a transmission system operator. The transmission system owners must be responsible neither for the provision and regulation of access third parties nor for investment planning.

(2) the owner of the transmission network is committed to the following:



1. it works with the independent system operator to the required extent and supported him in carrying out his tasks, by providing in particular all relevant information;

2. he financed the investments decided by the independent system operator and approved by the regulatory authority, or given its agreement to financing by any other interested party including the independent system operator. The relevant financing arrangements are subject to approval by the regulatory authority. Prior to their approval, the regulatory authority shall consult the transmission system owner and other interested parties;

3. it protects the liability relating to the network assets, with the exception of liability relating to the tasks of the independent system operator;

4. It provides the guarantees that are necessary to facilitate the funding of any network expansion, with the exception of those investments where he has agreed to in accordance with no. 2 of a financing by any interested party including the independent system operator.

Independence of the transmission system owner

Section 27 (1) the transmission system owner, the part of a vertically integrated electricity company is, must be at least as regards its legal form, organisation and decision independently from the other activities not related to the transmission.

(2) the independence of transmission system owner is based on the following criteria to ensure:



1 in a vertically integrated electricity companies, the persons responsible for the management of the transmission system owner may belong to no operational facilities of the vertically integrated electricity company who directly or indirectly are responsible for the ongoing operations in the areas of electricity generation, distribution and supply;

2. There are appropriate measures to ensure that the professional interests of the persons responsible for the management of the transmission system owner are taken that action independence is guaranteed;

3. the transmission system owner prepares a compliance programme, indicating which measures to exclude of discriminatory conduct, and ensure adequate monitoring of compliance with this program. In the compliance programme is set, what are the special duties have the staff in regard to these objectives. The person responsible for monitoring the compliance programme or Agency (the compliance officer) shall submit annually a report on the measures taken to the regulatory authority, which will be published. The compliance officer for the duration of his appointment is equated in terms of the termination and dismissal protection, when employees of the transmission system operator, a security officer (section 73, paragraph 1 of the ArbeitnehmerInnenschutzgesetzes).

3. section

An independent transmission system operator (independent transmission operator - ITO)

Assets, independence, services, likelihood of confusion

Section 28 (1) in cases where the transmission grid has been on September 3, 2009, in the ownership of a vertically integrated electricity enterprise, is possible under section 24 does not apply ownership unbundling and instead appointed an independent transmission system operator.

(2) the independent transmission system operators must have all the human, technical, material and financial resources, which are necessary for the fulfilment of its obligations and for the business activities of the transmission system. Without prejudice to the decisions of the supervisory body transmission system operators appropriate financial resources for future investment projects and the replacement are the independent assets existing after appropriate request by the independent transmission system operators in time of the vertically integrated electricity companies to provide. For the operation of the transmission system, in particular the following is required:



1. the independent transmission system operators must be owner of the transmission system, as well as the assets. The operation of foreign management power is permitted.

2. staff must be hired at the independent transmission system operator. The independent transmission system operators shall have in particular about its own legal department, accounting and own IT services.

3. the provision of services, including personnel leasing, by the vertically integrated electricity company for the independent transmission system operator is prohibited. An independent transmission network operator for the vertically integrated electricity companies may provide services, including personnel leasing, if there not between users is discriminated against, which services are accessible to all users under the same terms and conditions and the competition in generation and supply not restricted, distorted or is prevented.

(3) subsidiaries of the vertically integrated electricity company, which perform the functions of generation or supply, may neither directly nor indirectly hold shares in the company of the independent transmission system operator. The independent transmission system operators must keep on subsidiaries of the vertically integrated electricity company, which perform the functions of generation or supply, either directly or indirectly shares and may receive no dividends or other financial contributions of these subsidiaries. The entire management structure and the articles of Association of the independent transmission system operator ensure its actual independence. The vertically integrated electricity companies may directly or indirectly influence the competitive behaviour of independent transmission system operator in relation to its day-to-day banking and management or with regard to the necessary activities for establishing the network development plan referred to in section 37.

(4) the independent transmission system operators must ensure in its entire outer appearance and its communication activities, as well as in his branding for that confusion with the identity of the vertically integrated electricity undertaking or any part thereof is excluded. The independent transmission system operators may use therefore only characters, illustrations, names, letters, numbers, shapes, and put up which are suitable to distinguish the activity or services of the transmission system operator from the vertically integrated electricity company.

(5) the independent transmission system operators shall refrain from sharing IT systems or equipment, Office space and access control systems with any company part of the vertically integrated electricity company.

(6) the independent transmission system operators to ensure that he does not work in systems or equipment, and access control systems with the same consultants and outside contractors such as the vertically integrated electricity companies.

(7) the accounting of independent TSOs is by other auditors as those who perform the audit when the vertically integrated electricity enterprise or its parts to check. As far as to grant the group auditor in the scope of full consolidation of the vertically integrated electricity company or for other important reasons required, the auditor of the vertically integrated electricity company can take insight into parts of the books of the independent transmission system operator, provided that no objection for reasons of maintaining the independence decision, however, the regulatory authority. The major reasons are in advance in writing of the regulatory authority. The auditor has the obligation to keep commercially sensitive information confidential and to inform not in particular vertically integrated electricity companies in this regard.


(8) the activities of the independent transmission system operator, in addition to the duties listed in § 40, includes at least the following activities:



1. the representative of the independent transmission system operator, and the function of the contact person for third parties and the regulatory authorities;

2. the representative of the independent transmission system operator within the ENTSO (electricity);

3. the provision and regulation of access of third parties according to the principle of non-discrimination between system users or classes of system users;

4. the collection of all transmission network-related charges including access charges, balancing charges for ancillary services such as acquiring services (compensation costs, energy for losses);

5. the operating, maintenance and the development of a safe, efficient and economical transmission network;

6. the investment planning ensuring the long-term ability of the network, and security of supply; to cover reasonable demands,

7. the establishment of appropriate joint ventures with one or more transmission system operators, power exchanges and other relevant actors, with the aim to promote the creation of regional markets or to facilitate the process of liberalisation.

(9) in article 1 of Directive 68/151/EEC as amended by Directive 2006/99/EC for the independent transmission system operators apply these legal forms.

Independence of the transmission system operator

The independent transmission system operator in relation to assets or resources that are required for the operation, maintenance and the expansion of the transmission system, effective decision-making powers must have section 29 (1) without prejudice to the decisions of the Board of supervisors, which he performs independently of the vertically integrated electricity companies and have power to raise money on the capital market in particular through inclusion of loans or capital increase.

(2) the independent transmission system operator ensures that he at any time has the means, he required the broadcast network business to run properly and efficiently and to create an efficient, safe and economical transmission system and to maintain.

(3) for commercial and financial relations between the vertically integrated electricity companies and the independent transmission system operator, including the granting of credits by the independent transmission system operators to the vertically integrated electricity company, are to comply with the normal market conditions. The independent transmission system operators maintains detailed records on these commercial and financial relations, and it provides the regulatory authority upon request. He has also the regulatory authority to submit all commercial and financial agreements with the vertically integrated electricity company for approval. The regulatory authority has this decision to approve in the presence of market and non-discriminatory conditions of four weeks. After this period the consent is considered to be granted.

(4) the independent transmission system operators reports the funding pursuant to § 28 para 2, stand him for future investment projects or for the replacement of existing assets and resources available to the regulatory authority.

(5) the vertically integrated electricity company omits any action that would impede the fulfilment of obligations of the independent transmission system operator, or compromise, and demands by the independent transmission system operators not to obtain the approval of the vertically integrated electricity company for the fulfilment of these obligations.

Independence of the management and the employees

30. (1) people of management must be professionally independent. It is in particular the following:



1. you may in other parts of the vertically integrated electricity enterprise or when its majority shareholder hold directly or indirectly professional positions or perform professional duties, or interest or business relations with them.

2. you must maintain in the last three years prior to a purchase order in the vertically integrated electricity companies, one of its business units or in other majority shareholders have neither directly nor indirectly professional positions held the independent transmission system operators or professional tasks still interest or business relations with them. This period is for orders to the application that occur after March 3, 2012.

3. you may hold no professional positions after termination of the contractual relationship to the independent transmission system operator for at least four years in other parts of the vertically integrated electricity company as the independent transmission system operator, or when its majority shareholder or perform professional duties, or maintain interest or business relations with them.

4. you may not directly or indirectly holding on parts of the vertically integrated electricity company or receive financial assistance from this. Their remuneration must not be tied to the activities or results of the vertically integrated electricity company, so far as they concern not the independent transmission system operator.

(2) the independent transmission system operators has immediately all names and conditions on function, to inform contract term and termination, as well as the reasons for the order or for the termination of the contract by persons of the management of the regulatory authority.

(3) the regulatory authority can objection on its own initiative or at the request of a person of the management or of the equal treatment Commission three weeks by means of notice on people of management.



1. if doubts about the professional independence in the sense of paragraph 1 of the order, the conditions of employment including remuneration, or 2. when doubts about the authority of a premature termination of the contract. A premature termination of the contract is unlawful if the premature termination of the contract circumstances is due, are not granted in accordance with the provisions relating to the independence of the vertically integrated electricity companies. A complaint of a person of senior management can only after notification of the decision of the regulatory authority in the dispute settlement procedures in accordance with § 12 section 4 E-ControlG or be tabled after the deadline for decision of the regulatory authority.

(4) ABS 1 Z 2 applies to the majority of people in the management of the independent transmission system operator. The people of management of the independent transmission system operator, to which paragraph 1 does not apply Z 2, may have exercised no management or other relevant activity in the last six months prior to her appointment at the vertically integrated electricity companies.

(5) ABS 1 Z 1 shall apply equally to all employees of the independent transmission system operator.

(6) Z 2 find ABS 1 Z 1, 3, 4, and paragraph 3 to the management directly individuals in the areas of operation, maintenance and development of the network of subordinate application alike.

Independence of the supervisory body

Section 31 (1) the task of the supervisory body of the independent transmission system operator is, to make decisions, of considerable influence on the value of the assets of the shareholders at the independent transmission system operators are, in particular, decisions relating to the approval of the annual and long-term financial plans, the level of debt of the independent transmission system operator and the amount of dividends to be paid out to the shareholders. Decisions relating to ordering, appointments, the conditions of employment including remuneration and termination of the agreement of the persons of the management of the independent transmission system operator, be taken by the supervisory body of the transmission system operator, unless no other legal provisions determine otherwise. The supervisory body shall have no decision-making powers in relation to the ongoing operations of the independent transmission system operator and management and in relation to the necessary activities for establishing the network development plan referred to in section 37.

(2) § 30 par. 1 to 3 apply to half of the members of the supervisory body minus a member alike. Those members of the supervisory body of the transmission system operator, which meet the requirements of § 30 par. 1 to 3 for half of the members of the supervisory body minus a member include employee representatives within the meaning of the labour Constitution Act in the supervisory body of the transmission system operator's parent company.

Compliance programme and compliance officer


The independent transmission system operators must prepare an equal treatment programme section 32 (1), indicating what measures to the exclusion of discriminatory behavior. In the equal treatment program is to set, what are the special duties have the staff in regard to these objectives. The program requires the approval of the regulatory authority. The compliance with the program is monitored by a compliance officer.

(2) the compliance officer is appointed by the Board of supervisors shall, subject to the approval of the regulatory authority decision. The regulatory authority may refuse the appointment of the compliance officer your confirmation only for reasons of lack of independence or lack of technical suitability decision. The compliance officer may be a natural or legal person or registered partnership. § 30 par. 1 to 3 shall apply to the compliance officer alike.

(3) the duties of the compliance officer are:



1. monitor of the implementation of the compliance programme;

2. preparation of an annual report, outlining the measures for the implementation of the compliance programme and its delivery to the regulatory authority;

3. reporting to the Board of supervisors and make recommendations on the compliance programme and its implementation;

4. inform the regulator about serious violations in the implementation of the compliance programme;

5. reporting to the regulatory authority over commercial and financial relations between the vertically integrated electricity undertaking and the transmission system operator.

(4) the compliance officer submits the proposed decisions on the investment plan or to individual investments in the network to the regulatory authority. This is done when the management of the independent transmission system operator submits these documents the Board of supervisors.

(5) has prevented the adoption of a decision, making network investments, which should be carried out according to the power development plan in the next three years, be prevented or delayed, the vertically integrated electricity company in the annual general meeting or by a vote of the members of the supervisory body appointed by him so the compliance officer shall inform the regulatory authority, which will operate in accordance with section 39.

(6) the rules on the mandate and the employment conditions of the compliance officer, including the duration of its mandate, have the approval of the regulatory authority decision. These provisions must guarantee the independence of the compliance officer and accordingly ensure that the resources available to carry out its tasks are to him. The compliance officer may during the term of his mandate in parts of vertically integrated electricity company or its majority shareholders hold directly or indirectly professional positions or perform professional duties, or entertain inter food relationships to them.

(7) the compliance officer shall report regularly verbally or in writing of the regulatory authority and is empowered to report to the supervisory body of the transmission system operator regularly verbally or in writing.

(8) the compliance officer shall be entitled to participate in all meetings of the management of the independent transmission system operator and the supervisory body and annual general meeting annual general meeting. The compliance officer shall attend all meetings, discusses the following topics:



1. network access conditions under regulation 2009/714/EC, in particular, tariffs, services in connection with the access of third parties, capacity allocation and congestion management, transparency, balancing and secondary markets;

2. projects for the operation, maintenance and the expansion of the transmission system, including investments in new transport connections, the increase of the capacity and the optimisation of existing capacity;

3. sale or purchase of energy for the operation of the transmission network.

(9) the compliance officer for monitoring compliance with article 8 by the transmission system operator.

(10) the compliance officer has access to all relevant data and to the offices of the independent transmission system operator and to all the information it needs to carry out its tasks. The compliance officer with access to the premises of the independent transmission system operator without prior notice.

(11) after prior know moderate approval of the regulatory authority, the supervisory body may recalled the compliance officer. Dismissal has to be done also on independence lack of permit moderate demand the regulatory authority for reasons or lack of professional suitability.

(12) in terms of the termination and dismissal protection, the compliance officer for the duration of his appointment is equal, when employees of the transmission system operator, a security officer (section 73, paragraph 1 of the ArbeitnehmerInnenschutzgesetzes).

4 section

More effective independence of the transmission system operator

Prerequisites

§ 33. In cases where the transmission system on September 3, 2009, in the ownership of a vertically integrated electricity company has said and rules, which guarantee clearly a more effective independence of the transmission system operator than the provisions relating to the independent transmission system operator (§ 28 to § 32), there is the possibility not to apply the unbundling requirements of section 24.

5. section

Procedures in relation to transmission system operators

Procedures for certification and designation of TSOs

Section 34 (1) the regulatory authority is the constant monitoring of the adherence to the unbundling provisions (§ 24-§ 33). It has a transmission system operators by the means of finding decision to certify



1 as proprietary unbundled transmission system operators within the meaning of section 24 or 2. as independent operators in the sense of section 25 to section 29 or 3 as a transmission system operator within the meaning of section 28 to section 32 or 4. as transmission system operators within the meaning of article 33.

(2) a certification procedure is to initiate



1. on request of a transmission system operator in accordance with paragraph 3 No. 1;

2. from Office because, if a) a transmission network operator any application for certification in accordance with paragraph 3 No. 1 is or b) the regulator gained knowledge of a planned change that requires a review of the certification and can lead to a breach of the unbundling provisions or already made;

3. about display of the European Commission.

Article 3 of regulation 2009/714/EC shall apply to the certification process.

(3) transmission system operators shall



1. an application for certification immediately unless the transmission system is not yet certified, and 2. the regulatory authority any planned changes that require a review of the certification, notified to.

The transmission system operator has his input to the regulatory authority, as well as on their request to close at all to the assessment of the facts of the case required documents.

(4) the regulatory authority has to submit draft reasoned decision within four months from the commencement of proceedings on the certification of a transmission system operator or from the occurrence of the complete dossier of the transmission system operator to the European Commission. An opinion of the European Commission, this is as far as possible be taken into account by the regulatory authority in the certification procedures referred to in paragraph 1 Nos. 1 and 3 and is a possible deviation from the Commission's opinion to justify. The regulatory authority has to decide upon the receipt of the opinion of the European Commission within two months of notification of the application for certification. The certification may be granted under notices of payment due by terms and conditions, insofar as these are necessary for the fulfilment of the objectives of this Act.

(5) in derogation from paragraph 4, the following shall apply:



1. when the certification procedures referred to in paragraph 1 No. 2 has to comply with the regulatory authority of the decision of the European Commission.

2. the certification procedures referred to in paragraph 1 check 4 Z the regulatory authority and the Commission, whether the existing regulations guarantee clearly a more effective independence of the transmission system operator than the provisions relating to the independent transmission system operator (section 28 and section 32); the regulatory authority shall comply with the decision of the European Commission.


(6) the regulatory authority has with the European Commission to document all in the framework of the procedure set out in article 3 of regulation 2009/714/EC plowed contacts in detail. The documentation is the company that has requested the issue of the certificate, as well as the Federal Minister for economic, family and youth to knowledge. The assessment notice is to publish, but posts that contain commercially sensitive information, obscure being together with the justification of the regulatory authority. The Commission's opinion is, as far as it is not rendered in the explanatory statement of the determination notice, also to publish.

(7) transmission system operators and companies that perform one of the functions of generation or supply, are obliged to submit the regulatory authority and the Commission all information relevant for the fulfillment of their duties immediately.

(8) the naming of a transmission system operator after the certification referred to in paragraph 1 is carried out by proclamation by the Federal Minister of economy, family and youth in the Federal Law Gazette. The Federal Minister of economy, family and youth has to announce the naming of a transmission system operator of the European Commission as soon as the regulatory authority has determined the certification of a transmission system operator by decision. The naming of an independent system operator in accordance with paragraph 1 Nos. 2 and 4 requires the consent of the European Commission in advance. If the regulatory authority by ruling determines that the requirements for certification as a result of a breach of the unbundling provisions no longer exist, the designation by the Federal Minister of economy shall be revoked family and youth by proclamation.

Procedures for the certification of transmission system operators in relation to third countries

A transmission system operator, which is controlled by one or more persons from one or more third countries, requested 35. (1) a certification, so article 34 with subsequent variations is used.

(2) the regulatory authority immediately inform the European Commission and the Federal Ministry of economy, family and youth



1. the application for certification of a transmission system operator, which is controlled by one or more persons from one or more third countries;

2. all the circumstances with which would result in that one or more persons from one or more third countries obtaining control over a transmission system operator.

(3) the Federal Minister for economy, family and youth has to ensure that the granting of the certification by the regulatory authority does not endanger the security of energy supply of in Austria and the community. The Federal Minister of economy, family and youth taken into account in the examination of the question whether the security of energy supply of in Austria and the community is at risk,



1. the rights and obligations of the community to a third country, which arise from international law - also made an agreement with one or more third countries, the community as a Contracting Party to be heard and treated in the issues of security of energy supply;

2. rights and obligations of the Republic of Austria to that third country, resulting from the with this agreement, insofar as they are with the Community legislation and 3. other special circumstances of the case and of the third country.

(4) after examination of the question whether the security of energy supply of in Austria and the community is at risk, the Federal Minister of economy, family and youth tells his assessment of the regulatory authority. The regulator has in its proposal for a decision, as well as its decision to consider the assessment of the Federal Ministry of economy, family and youth.

4. main piece

Combination operators

Combination operators

section 36. The simultaneous operation of a transmission network and a distribution network is to approve that satisfies criteria laid down in the section 24 and section 33 authority.

5. main piece

Operation of transmission networks

Network development plan

Paragraph 2 to 6 have section 37 (1) (principle of determination) the laws of the land, taking into account provided that the transmission system operator of the regulator every year present a ten-year network development plan for the transmission system for approval, have based on the current situation and the forecasts in the range of supply and demand.

(2) (determination of principle of) the purpose of the network development plan shall in particular,



1 market participants to provide information about, what important transmission infrastructure in the next decade must need to be built or expanded, to enumerate 2. all previously decided investments and to determine the new investments which are carried out in the next three years, and 3 to provide a schedule for all investment projects.

(3) (principle provision) objective of the network development plan it is particularly



1. cover the demand for capacity for supplying the consumer taking emergency scenarios, 2. the achievement of a high level of availability of line capacity (supply security of the infrastructure), and 3. the demand capacity to achieve a single European market to meet.

(4) (determination of principle of) in the drafting of the network development plan which sets transmission system operators reasonable assumptions about the development of the generation, supply, consumption and electricity exchanges with other countries, taking into account investment plans for regional networks in accordance with article 12 para 1 of regulation 2009/714/EC and for community-wide networks in accordance with article 8, paragraph 3 lit. (b) Regulation 2009/714/EC based. The network development plan must contain effective measures to ensure of the adequacy of the network and achieve a high level of availability of line capacity (supply security of the infrastructure).

(5) (principle provision) of transmission system operators the technical and economical expediency has in the creation of the network development plan, to take into account the interests of all market participants and the consistency with the community-wide network development plan. Prior to introduction of the request for approval of the network development plan, the transmission system operator has to consult all relevant market participants.

(6) (determination of principle of) in the grounds of the application for authorization of the network development plan, the transmission system operators, in particular for competing projects for the construction, extension, modification, or operation of transmission facilities, to represent the technical and economic reasons for the endorsement or rejection of individual projects and to strive for the Elimination of network bottlenecks have.

(7) the transmission system operator all market participants have, on written request, the data required for the creation of the network development plan, in particular basic data, consumption forecasts, changes to the network configuration, measured values and technical as well as other relevant project documents for planned installations built, should be extended, modified or operated, to provide within a reasonable period of time. The transmission system operator can be used independently of other data that is appropriate for the network development plan.

Approval of the network development plan

38. (1) the regulatory authority approved the development plan by ruling. The approval requires evidence of technical necessity, appropriateness and cost-effectiveness of investments by the transmission system operators. The approval may be granted under notices of payment due by the terms and conditions, insofar as these are necessary for the fulfilment of the objectives of this Act.

(2) the regulatory authority has carried out consultations on the network development plan with the representatives of network users before decision issuing. She has to publish the outcome of the consultations and to reference in particular possible needs for investments.

(3) the regulatory authority has in particular to check whether the network development plan captures all investment needs identified in the course of consultations and whether the consistency with the community-wide network development plan referred to in article 8 paragraph 3 lit. (b) Regulation 2009/714/EC is respected. Doubts as to the consistency with the community-wide network development plan, the regulatory authority shall consult the Agency.

(4) them with the implementation of measures that are provided in the network development plan, are reasonable costs, including pre-financing costs, when determining the system usage fees in accordance with §§ 51 ff to acknowledge.

(5) the regulatory authority may require the transmission system operator at any time change his already proposed and yet unapproved network development plan. Requests to amend the recently approved plan for network development are allowed, unless significant changes to the planning principles necessitate a new assessment.

Monitoring of the network development plan


39. (1) the regulator monitors and evaluates the implementation of the network development plan and may require the modification of the network development plan of the transmission system operator.

(2) the transmission system operators from other than mandatory, has him incapable of influencing reasons an investment that had to be carried out according to the power development plan in the following three years, not performed by, the regulatory authority is required to take one or more of the following measures to ensure the implementation of the investment, provided that the investment on the basis of the most recent network development plan is still relevant, :



1. the regulatory authority calls on the transmission system for the implementation of the investment;

2. the regulatory authority initiates a tender procedure for the implementation of the investment, which is open to all investors, where the regulatory authority can appoint a third party carry out the tender procedure;

3. or the regulatory authority required the transmission system operator to agree to a capital increase with regard to the financing of the necessary investments and allow independent investors an equity stake.

(3) the regulatory authority introduces a tendering procedure pursuant to par. 2 No. 2, she may oblige the transmission system operator to accept one or more of the following measures:



1. financing by third parties;

2. construction by third parties;

3. establishment of such new investments by the transmission system operators

4. operation of such new investments by the transmission network operator itself.

(4) the transmission system operators will provide all documents required for the implementation of the investment the investors, connects the new plants to the transmission network and will strive to facilitate the implementation of the investment project. The relevant financing arrangements require the approval of the regulatory authority.

(5) the regulator makes Z 1-3 use of its powers pursuant to par. 2, so the costs of investments are covered by the respective tariffs.

Obligations of the operators of transmission networks

§ 40.(Grundsatzbestimmung) (1) the execution laws have to oblige operators of transmission networks,



1. the system operated by them to operate safely, reliably, efficiently and in accordance with environmental protection and maintain;

2. the necessary to the operation of the system technical requirements to make sure;

3. that to carry out the clearing and transmission of data in accordance with § 23 para 2 Z 9 contractual measures necessary to provide;

4. the operator of a different network to which its own network is connected, to provide sufficient information to ensure the secure and efficient operation, coordinated development and interoperability of the system;

5. approved policies and the system usage fees in accordance with §§ 51 ff specific to publish;

6 contracts for exchanging data with other operators, to complete the balance and the balance group coordinators and other market participants, according to the market rules;

7. in the long run the ability of the system to meet reasonable demand for transmission of electricity over the long term to ensure economic circumstances and with due regard to environmental protection to operate safe, reliable and efficient transmission systems, maintain and expand;

8. through appropriate transmission capacity and reliability of the network, to make a contribution to security of supply;

9 companies refrain from discriminating between system users or classes of system users, particularly in favour with him associated to refrain.

to provide needed for efficient network access; 10 system users with the information

11 bottlenecks in the network to identify and measures to implement to avoid bottlenecks or to eliminate, as well as to maintain the security of supply. If services of producers (boost or restriction of production, as well as change the availability of production equipment) are still required for the network bottleneck elimination or maintaining security of supply, this is immediately to sign the control area manager, who has to meet, if necessary, additional arrangements by the transmission system operator, notifying them of all necessary data (§ 23 para 2 Z 5);

12. the position of the resources required to meet service obligations to ensure;

13 under the supervision to occupy the national regulatory authority of congestion income and payments under the compensation mechanism between transmission system operators in accordance with article 13 of the regulation 2009/714/EC and to grant third parties access to regulate their access as well as denial of access established statements to make; in the exercise of their duties laid down in the framework of this provision, the transmission system operators first and foremost have to facilitate market integration. Congestion income are for the paragraph 6 of regulation purposes to use 2009/714/EC in article 16;

14. the transmission of electricity through the network, taking into account exchanges with other interconnections to regulate;

15. a secure, to have reliable and efficient electricity grid, i.e. the provision of all necessary ancillary services, including those that are required to meet the demand to ensure, unless this provision is independent from any other transmission system with which the network forms a bond, and to plan measures to rebuild after major errors of the transmission network and to coordinate, by he contractual agreements to the technically necessary extent both concludes with directly and indirectly connected to power plant operators , to ensure the necessary black start and island operating ability only by the transmission system operators;

16 a to create network development plan referred to in section 37 and to submit to the approval of the regulatory authority;

17. the regulatory authority to put what measures have put them in the framework of regulation 2009/714/EC and transparency obligations imposed provisions of Union law any other immediately applicable to exercise annually in writing about report. The report has in particular a specification of the information published, to contain the type of publication (eg Internet addresses, dates and frequency of publication as well as qualitative or quantitative evaluation of data reliability of the publication);

18. the regulatory authority to put what measures have put them them in the framework of Directive 2009/72/EC, and obligations any other immediately applicable imposed on provisions of Union law to technical cooperation to carry out with transmission system operators of the European Union and third countries annually in writing about report. The report has to respond in particular to the processes agreed with the transmission system operators and measures concerning cross-border network planning and operation, as well as on agreed data for monitoring these processes and measures;

19 support of the ENTSO (power) in the creation of the community-wide network development plan;

20 has to meet to set up a special balance group for the determination of power losses, only the necessary criteria of a balance group;

21 energy which is used to cover energy losses and reserve capacity in the transmission system according to transparent, non-discriminatory and market-based procedures to procure.

(2) a transmission network operator who is part of a vertically integrated electricity company, involved in a joint undertaking for the implementation of regional cooperation, the implementing laws oblige this joint venture to set up a compliance programme and perform it. Therein the measures are listed, which ensure, that discriminatory and anti-competitive practices are excluded. In this equal treatment program is set, what are the special duties have the employees in terms of achieving the objective of avoiding discriminatory and anti-competitive behaviour. The program requires the approval of the Agency. The compliance with the program is monitored by the compliance officer of the transmission system operator.

Approval of the terms of

§ 41.(Verfassungsbestimmung) is the regulatory authority responsible for the approval and any modification of the General conditions for the operators of transmission networks. The approval is granted insofar as this is necessary for the fulfilment of the provisions of this Act, if necessary, under conditions or conditions. The operators of transmission networks have changes the terms and conditions to carry out at the request of the regulatory authority.

6 main piece

Operation of distribution networks

Exercise requirements for distribution networks

§ 42.(Grundsatzbestimmung) (1) operation of a distribution system within one country requires a licence.


(2) the implementing laws have in particular the licensing requirements and the party status of licence issuance, as well as the required for the granting of a licence for the provision of distribution networks special procedural provisions to regulate.

(3) for distribution system operators, not less than 100 000 customers are connected to their network, have the implementing legislation as a licence condition to provide that applicant belonging to a vertically integrated company, must be organisation and decision regardless of other activities in its legal form, at least, not related to the distribution. In addition, have the implementing laws to provide that in the case of a licence, especially through appropriate regulations or conditions, ensures that the distribution system operator with regard to its organisation and decision is independent of other activities of a vertically integrated undertaking, not related to the distribution. In particular to provide for, is to ensure that independence in an integrated electricity companies



1. that the persons responsible for the management of the distribution system operator are not operational facilities of the integrated electricity undertaking, directly or indirectly are responsible for the ongoing operations in the fields of electricity generation and supply;

2. that the occupational interests (corporate bodies) responsible for the management of the distribution system operator who in a way are considered, that their independence of action is guaranteed, and in particular the reasons for the dismissal of an executive body of the distribution system operator in the company statutes of the distribution system operator are clear to rewrite;

3. that the distribution system operator has the necessary for the performance of its task resources, including the human, technical, material and financial resources that are required for the operation, maintenance, or the expansion of the network and ensures that the distribution system operator; independently decide on the use of these funds from other areas of the integrated undertaking is

4. the distribution system operator shall establish an equal treatment programme, indicating what measures to the exclusion of discriminatory behaviour; Furthermore, are measures to be taken, ensure sufficient monitoring of compliance with this program. In this program, it is in particular to determine what obligations have the staff in regard to this objective. The Gleichbehandlungsverantwortliche named for the preparation and monitoring of compliance with the equal treatment program compared to the State Government has to submit annually a report on the measures taken to this and the regulatory authority and to publish. Country Government responsible for monitoring the compliance programme has to submit a summary report on the measures taken annually to the regulator and to publish this report.

(4) section 3 No. 1 does not preclude the establishment of coordination mechanisms ensures that the economic powers of the parent company and its supervision rights of the management with regard to the profitability of a subsidiary are protected. In particular, it is to ensure that company approved the annual financial plan or any equivalent instrument, of the distribution system operator and sets overall limits on the debt of its subsidiary. Instructions relating to the operation or individual decisions concerning the construction or upgrading of distribution lines, that do not go beyond the framework of the approved financial plan, or an equivalent instrument, are not permitted.

(5) the implementing laws have provided that at least two members belong to the Supervisory Board of distribution system operators, which include an integrated enterprise, which are independent of the parent company.

(6) the implementing laws have to ensure that a distribution system operator which is part of a vertically integrated undertaking, being watched by the State Government, that he can use this fact to the distortion of competition. In particular, the implementing legislation to provide for measures, which ensure that ensure vertically integrated distribution system operators in their communication and branding, that confusion in relation to the separate identity of the supply branch of the vertically integrated undertaking is excluded is, have.

(7) the implementing laws have to ensure that the compliance officer of the distribution system operator is fully independent and has access to all information that the distribution system operator and any affiliated companies have and the compliance officer needs in order to carry out its tasks.

(8) the implementing legislation has to commit the Government to immediately report any violations by distribution companies against the State laws adopted in implementation of the above paragraphs the regulatory authority.

Transition and void the permission to the mains

§ 43.(Grundsatzbestimmung) (1) who have implementing legislation as to provide terminal was of a concession for distribution network:



1 the withdrawal, 2. the waiver, 3. the demise of the company and 4. the bankruptcy of the contractor.

(2) the withdrawal is in any case, then see if the licence holder fails to fulfil his duties and a partial fulfillment of the obligations imposed on the system operator also is not expected or the system operator does not comply with the Agency on Elimination of the hindering circumstances.

(3) the execution laws have to provide that transfer of company and subsidiary reorganization (in particular through mergers, conversions, contributions, mergers, divisions and real partitions) which pass by required concessions on the successor operator for the continuation of the operation and the mere restructuring represents a Terminal offense, in particular no withdrawal justified. To provide further is that the successor contractor of the Government to see the transition by connecting a corporate book statement and the documents filed to bring about the entry into the commercial register in transcript within reasonable period of time has.

Right to the power connector

§ 44.(Grundsatzbestimmung) (1) implementing laws have - without prejudice to the provisions regarding direct lines, as well as existing power relations - the right of the owner of a distribution system to be provided, to connect all consumers and producers within the area covered by its distribution system to its network (right to the power supply).

(2) of the law referred to in paragraph 1 those customers are to exclude, where electrical energy with a nominal voltage of 110 kV passed.

Obligations of the distribution system operator

§ 45.(Grundsatzbestimmung) that have implementing legislation to oblige operators of distribution networks:



1. the necessary for the implementation of the calculation and mapping of balance energy data available, where to submit in particular that counts are that are needed for the calculation of schedule deviations and the deviation from the load profile of each balance sheet group;

2. General conditions to publish and to these conditions with consumers and producers to contract private connection (General port duty);

3. network access authorized to approved policies and specific system usage fees access to their system to grant;

4. you access approved policies and certain publishing system usage fees;

5. the contractual measures necessary for the implementation of the transfer and transmission of data in accordance with subpara 1;

6. for the operation and maintenance of the network;

7. for the estimation of flows and verification of compliance with the technical security of the network;

8. to conduct an evidence about everyone in its network make balance group and balance;

9. to conduct an evidence of all in his power to make suppliers;

10. to measure the salaries, services, load profiles of network users, testing its plausibility and the transfer of data to the extent necessary to the balance group coordinators, affected network operators, as well as conduct;

11. to measure the benefits, amounts of electricity, load profiles, at the interfaces to other networks and dissemination of data on affected operators, and the balance group coordinators;

12 bottlenecks in the network to identify and actions to avoid them;

13. for the receipt and dissemination of reports on suppliers, as well as balance sheet group change;

14 has to set up a special balance group for the determination of power losses, to meet only the necessary criteria of a balance group;

15 energy, which is used to cover energy losses and reserve capacity in the distribution system according to transparent, non-discriminatory and market-based procedures to procure;

16. to the levying of fees for network use.

17.

to cooperate with the balance, the balance Group Coordinator and other market participants in the allocation of differences arising out of the use of standardised load profiles according to the measurement results;

18. on the announcement of a sustainable energy to the regulatory authority;

19 contracts for exchanging data with other operators, to complete the balance and the balance group coordinators and other market participants, according to the market rules;

20 companies refrain from discriminating between system users or classes of system users, particularly in favour with him associated to refrain.

21 to provide needed for efficient network access; the system users with the information

22. when planning energy efficiency distribution system expansion, to take account of demand control measures or distributed generation, by the need for an upgrade or a capacity replacement could spare.

23. the transmission system operator to the date of establishment of the technically appropriate connection point on the planned construction of generation facilities with a capacity of more than 50 MW to inform.

Exceptions from the General obligation of connection

The implementing legislation may provide exemptions from the General obligation of connection § 46.(Grundsatzbestimmung).

General terms and conditions

§ 47.(Verfassungsbestimmung) is the regulatory authority responsible for the approval and any modification of the General conditions for the operators of distribution networks. The operators of distribution networks have, as far as this is necessary to achieve a competitive market at the request of the regulatory authority to amend the terms and conditions. The regulator may also require that is to provide the time limit within which a customer whose counting point label him or a representative in a common data format in electronic form or a change of the supplier making is in the General conditions is recorded. As far as this is necessary for the fulfilment of the provisions of this Act, the approval is, if necessary, under conditions or conditions to give.

5 part

System usage fees

1. main piece

Procedure for setting the system usage fees

Determination of the cost base

48. (1) has the regulatory authority with an annual levy amount of extracting more than 50 GWh in the calendar year 2008 officio periodically with notice to determine the cost, the targets and the quantity of network operators. The cost and the quantity of the other operators can be determined officio decision.

(2) the Chamber of Agriculture of Austria, the Austrian Federal Economic Chamber, the Federal Chamber of labour and the Austrian Trade Union Confederation is prior to the conclusion of the investigation to give the opportunity to comment. The regulatory authority has to provide information to their representatives and to provide insight into the procedure act. Commercially sensitive information, the representatives in exercising their inspection rights becomes aware of which are confidential. The Austrian Chamber of Commerce and the Federal Chamber of labour can appeal pursuant to § 9 para 2 against decisions of the regulatory authority referred to in paragraph 1 due to violation of the requirements regulated in § 59 to article 61 E-control law and subsequently at the Administrative Court in accordance with article 131 B-VG rise.

System usage fees and compensation

49. (1) the system usage fees are § 62 on the basis of the determined cost and the quantity structure regulation of the regulatory authority, taking into account a cost rolling in accordance with determined.

(2) if necessary, compensation between network operators of a network range are determined in the regulation.

(3) the issue of regulation has an opinion procedure to go ahead, which particularly affected network operators, network users and the representation of interests referred to in article 48, paragraph 2 ensures the opportunity to comment within a reasonable period of time.

(4) after completion of the opinion procedure, all documents are request to submit the regulatory Advisory Committee. The Chairman may invite also expert advice in the regulatory Advisory Committee. At the imminent danger, the hearing by the regulatory Advisory Committee may be omitted. This is however subsequently delay the matter to deal with.

(5) the regulator and operators have to submit all documents necessary for the assessment of the draft of regulation the regulatory Advisory Committee, as well as to provide information.

Adjustment account

Differences between the actually achieved and the underlying the regulation underlying revenues in the determination of the cost base for the next pay period are section 50 (1) in determining the costs to be considered. Differences are in the context of the statements of of financial, taking into account the applicable accounting rules to enable or passivating.

(2) substantial extraordinary income or expenses can be appropriately distributed over the regulation account over a period.

(3) was a cost decision is overturned, a different cost determination in the replacement decision in determining the cost base for the next pay period is taken into account.

(4) If a cost decision is amended by the regulatory Commission, is a different cost statement in the notice to take into account the regulatory Commission in determining the cost base for the next pay period.

(5) if the system usage fees regulation repealed by the Constitutional Court or the Constitutional Court has pronounced that a regulation was illegal, and arise from deliveries or profit, these are appropriate in determining the cost base over a period to take into account.

(6) operators, the costs of which were not detected, may apply a cost statement for the period of costs for fixing the system usage fees within three months after the respective system usage fees regulation in force. A network operator submits an application for cost determination, cost officio to determine are all operators of the network area for this period of the cost. The identified costs are taken into account in fixing the system usage fees and compensation for the next pay period in the affected area of the network.

2. main piece

Remuneration components

Determination of system usage fees

Power users have § 51. (1) for the provision of all services provided by the network operators and control zone run in compliance with the obligations imposed on them, to pay a system user fee. The system license fee consists of the Z 1 to 7 designated components in para 2. One about the in para 2 Z 1 to 8 listed fees and beyond clearing in direct connection with the operation of the network is without prejudice to the special provisions of this Federal Act, prohibited. The system license fee has the principle of equal treatment of all system users to comply with the cost-orientation and widest possible causation justice and to ensure that electrical energy is used efficiently and not unnecessarily increase the volume of distributed or transmitted energy.

(2) the system license fee shall be determined from the



1. network use charge;

2. network loss charge;

3. network access charge;

4. network deployment charge;

5. system service management fees;

6 fee for measuring performance;

7 fees for other services, as well as 8, if necessary, the fees for international transactions and contracts for the transport of energy in accordance with article 113, paragraph 1.

The charges stated in the Nos. 1, 2, 4, 5, 6 and 7 are to determine where the fees in accordance with Nos. 1, 2, 4, 5 and 7 as fixed prices are to determine by regulation the regulatory authority. The charge referred to in no. 6 is to determine maximum price. The fees are specified in euros and cents per unit.

(3) the regulatory authority has in any case system usage fees for extracting and feeders are electric power through regulation to determine to which refer to the network as well as the level of network to which the system is connected. Specifications regarding the network layer mapping of plants, the Verrechnungsmodalitäten, as well as special provisions for temporary connections are set in this regulation.

Network usage charge


Section 52 (1) through the network license fee the cost of the construction, extension, maintenance and operation of the power system are compensated operator. The network license fee is payable by discharging employees per counting point. It is either work-related or employment and performance to set and regularly to invoice. The performance-related share of the network licence fee is basically to a period to one year. The regulatory authority can make transmission fees taking into account uniform tariff structures time-variable or variable load. To determine of the basis for the allocation of the performance-related share of the network licence fee is the arithmetic mean of the highest Toyama performance monthly measured the payroll period to be used. The 3 Spitzenmittel can be used in the power levels in accordance with section 63 Nos. 1 and 2. Different transmission fees can be prescribed for claims shorter than a year, as well as for the total or partial non-continuous use of the power system.

(2) flat-rate performance-related transmission fees are to refer to a period of one year. The settlement period is shorter or longer than a year, then the fee prescribed for the performance-based network usage rate is per day to aliquot.

(3) not included in the network use charge is a reactive power deployments that that special measures is required, individually assigned and within a defined period of time for extracting a power factor (cos φ), whose absolute value is less than 0.9. The costs for this are separately to charge users of the network.

(4) a computational investigation of consumption necessary for billing, it must be counting points without load profile meter operator solely according to the applicable standard load profiles, carry out transparent and comprehensible. Network operators can apply simplified procedures with an annual delivery of up to 10 GWh to the administrative simplification. A computational investigation of consumption value deviates from the actual values, an unpaid invoice correction is to carry out.

Network loss charge

Section 53 (1) through the network loss charge those costs be paid, incurred by the operator for the transparent and discrimination-free procurement of adequate amounts of energy to compensate for physical losses, allowed average considerations in determining appropriate quantities of energy. The net remuneration of loss of is payable extract workers and single feeders. Feeder, including power plants, with a power rating up to including five MW are exempt from the payment of net pay of of loss of.

(2) the network charge of loss of is to set work-related and regular basis to charge. Unless the property limit is an investment in a different power level as the measuring device, that power level is decisive for the calculation of net pay of of loss of, in which the measuring equipment is located.

(3) a computational investigation of consumption necessary for billing, it must be counting points without load profile meter operator solely according to the applicable standard load profiles, carry out transparent and comprehensible. Network operators can apply simplified procedures with an annual delivery of up to 10 GWh to the administrative simplification. A computational investigation of consumption value deviates from the actual values, an unpaid invoice correction is to carry out.

Network access charge

Section 54 (1) through the network access charge all expenses reasonable and appropriate market prices be compensated the operators which are directly connected with the first time making of a connection to a network or the amendment of a connection due to an increase of the power of a network user. The network access fee is to be paid only once and to present the network users in a transparent and comprehensible way. Provided is paid for the power supply of the network user, the amount of the network access fee is to reduce accordingly.

(2) the network access charge is to charge cost-oriented, where the operator may provide an in-patient for comparable power users of a network level.

Network provisioning charge

55. (1) will discharge employees the network deployment charge during creation of the mains supply or exceeding the agreed extent of grid usage performance-related lump sum for the already carried out and necessary extension of the network to enable the connection charged as. It is calculated according to the agreed level of network usage. Agreed no extent of grid usage or exceeded the agreed level of network usage, the network deployment charge on the amount actually utilized grid usage is measured. Anyway, the network deployment fee in the amount of the minimum benefits referred to in paragraph 7 is to be settled.

(2) the provided network deployment charge is continuously ongoing reduction in the actual utilization of the agreed scale of grid usage, or three years after the closure of the network connection, the extractor extract holder fifteen years from the date of the payment after a at least three years pro rata refund according to the extent of utilization of the agreed scale of network use, reducing. The refund of a minimum capacity contracted until December 31, 2008 or the minimum capacity within the meaning of paragraph 7, as well as one before February 19, 1999 acquired scale of grid usage is not possible.

(3) the calculation of the network deployment consideration has to be aligned with the average development cost for new and for the strengthening of existing transmission and distribution networks.

(4) the grid usage within the network of an operator is transmitted locally, is the already done network provisioning charge to the extent to be, in the agreed network use the so far actually doesn't change. The local transfer of a minimum capacity contracted until December 31, 2008, the minimum capacity within the meaning of paragraph 7 or one prior to February 19, 1999 acquired scale of grid usage is not possible.

(5) if the power level is changed, the difference between the is after February 19, 1999 already made network provisioning charge and the on of remuneration to be paid to the new network layer to network layer transition time network deployment to refund or to pay by the extractor. The extent of the power usage in kW acquired until February 19, 1999 is transferred unchanged in the event of a change of the power level, without causing a financial compensation.

(6) the network deployment fees actually collected are related to resolve on the respective power levels, so that it reduces the costs affect the network license fee over a period of 20 years.

(7) minimum performance values



1. maximum 15 kW power level 7;

2. 100 kW power level 6;

3. 400 kW for the grid level 5;

4. 5000 kW for the power levels 3 and 4.

5. 200 MW for power levels 1 and 2.

(8) are exempt from payment of the network deployment charge applicable on the occasion of the first accounts of the network access agreement that operators at network level 1 and level 2, for which all necessary for the construction of the plant regulatory approvals in the first instance exist until December 31, 2008. Already acquired extent of network use the higher of the following values is considered up to January 1, 2009, unless otherwise agreed,: the extent of the power usage in kW acquired prior to February 19, 1999 or the arithmetic average of the highest a Toyama monthly average load in kW from October 2007 to September 2008.

(9) to the extractor in the areas of network Styria and Graz applies: already acquired extent of network use the higher of the following values is considered until 30 June 2009 for performance measured customers, unless otherwise agreed,: the extent of the power usage in kW acquired prior to February 19, 1999 or the arithmetic average of the highest a Toyama monthly average load in kW from October 2007 to September 2008. For inadequate performance customers is provided until 31 December 2008 unless otherwise agreed, a power of 4 kW as acquired. Temporary connections and building electricity, where the entire connector system or a predominant part of the connection system already in the course of the temporary connection in regard to the later connection up permanently was running to June 30, 2009, applies provided that contract until June 30, 2009 unless otherwise agreed, a power of 4 kW as acquired.

System service fees

Section 56 (1) by the system service fees those costs are compensated the control area manager, arising from the need to equalize the load fluctuations a secondary control. The system service fees include the cost for the provision of the service and the portion of the cost of the work required, which is not applied by the fees for balance energy.


(2) the system service fees is to determine work-related and is of single feeders, including power plants, to be paid regularly with a power rating of more than five MW.

(3) basis of assessment is the gross production (at the generator terminals) of the respective plant or power plant Park. As long as the Verbindungsleitung(en) which has a lower capacity facility to the public network () as the power of generation facilities, so the base is multiplied by the nominal power (security of supply) the connecting pipe to the public network the number of operating hours of the facility.

(4) the data necessary for the clearing of the system service fees are to announce the control area manager each year by the producers for paying.

Pay for performance

§ 57. (1) the fee to be paid by the network user for measuring performance directly attributable costs are compensated operator associated with the establishment and operation of counting facilities including necessary converters, the calibration and the readout of the data.

(2) the fixed fees for measuring performance are maximum prices and apply the set up each type of measurement. Pay for performance is to charge regularly and always effort-driven. As far as measuring devices provided by the users of the network, it is to reduce accordingly.

(3) the fee for measuring performance is to refer to a period of one month and is not per month following reports by the day to aliquot.

(4) a drain or readout of the counting device has - with the exception of load profile meters in any case at least every month obtained from the network operator - to be carried out at least once a year. While an and read out by the operator at least once every three years itself must be made. Be done by the network user the reading and transmission of the measured data, the network operator to conduct a plausibility check of the transmitted data is obliged. A computational investigation of measured values is allowed only in those cases where the power users of the possibility offered to him has not made use to the self reading and transmission of data to the network operator and a waste reading attempt by the network operator, for a reason which to associate the network user's responsibility is, remained unsuccessful.

Fees for other services

section 58. Network operators are authorized network users for the provision of other services, which not are compensated by the charges pursuant to § 51 para 2 Nos. 1 to 6 and 8, and directly caused by the network user to charge a separate fee. The fees for other services are by the regulatory authority by regulation reasonable to set, where on the principles laid down in paragraph 1 beyond the social compatibility carefully to take is. Fees for other services are set for reminders, as well as the changes caused by the power user of the measuring. The fee payable for the switch-off in accordance with section 82, subsection 3 and recovery of network access shall not exceed a total of 30 euros.

3. main piece

Principles of cost and quantity determination

Cost determination

59. (1) the costs underlying the charges must comply with the principle of cost transparency and are differentiated to determine power levels. Fact and the amount of reasonable cost must be considered. Network security, security of supply, taking into account quality criteria, which is to take account of market integration and energy efficiency. The determination of the costs on the basis of an average viewing emanating from a rationally guided, comparable companies is allowed. Investments are based on the original acquisition cost and the financing costs to take into account in an appropriate manner. Extraordinary expenses or income can be distributed pro rata over a multi-year period. The cost associated with an efficient implementation of new technologies are appropriately taken into account in the charges, taking into account the principles described and the use of synergies. International transactions and contracts for the transport of energy in accordance with article 113, paragraph 1 are taken into account in the calculation of costs.

(2) for the calculation of costs are targets to be based based on the savings potential of the companies. Where are the determined cost of general objectives, based on trends in productivity, as well as to customize the network operator-specific inflation. Individual targets can be taken into account due to the efficiency of the operators. The methods to be used here have the State of science to suit. When determining the individual objectives, individual sub-processes can be used in addition to an overall corporate view for factual comparability. This is to ensure that incentives there are for the transmission and distribution system operators to increase efficiency and appropriate to be able to carry out necessary investments.

(3) the period for the realisation of the targets (target attainment period) can be divided by the regulatory authority in the respective costs decision in single or multi-year regulatory periods. At the end of regulation period can undergo the company individual efficiency progress of evaluation. After a period of adjustment, an efficiency comparison or an alternative corresponding to the level of scientific regulation system for determining the transmission fees can be again implemented.

(4) the vertically integrated electricity companies affected by allocations, the costs of the operator the operator must prove sufficiently these costs. At the request of the regulatory authority has the vertically integrated electricity companies to present the calculation basis for the allocations.

(5) to cover the network operator specific inflation rate, a network operator price index is taken into account. This consists of published partial indices, representing the average cost of the network operators.

(6) targets referred to in paragraph 2 as well as the network operator-specific inflation rate in accordance with paragraph 5 only affect the costs impressionable by the company. Non-influenceable costs are particularly cost:



1. you arise with the implementation of measures which have been approved by the regulatory authority on the basis of network development plans;

2. for the use of functionally related networks in Germany.

3. to cover network losses on the basis of transparent and discrimination-free procurement;

4. for the provision of primary and secondary control on the basis of transparent and discrimination-free procurement;

5. for land taxes for the use of public reason (use tax);

6. due to laws in the wake of spin-offs which have passed the merits at the time of the full liberalisation of the electricity market with October 1, 2001. The immediate cost elements are set at the latest after the expiry of 3 months from the entry into force of this law by a regulation of the Commission.

(7) the costs for the determination of the power loss and transmission fees are based on the respective power levels on the basis of identified total cost less politicized one measuring fees to determine fees for other services, as well as the proportional resolution of deferred Netzbereitstellungs and network access fees, as well as taking due account of any revenue from cross-border transportation. The determined total cost are reduce received subsidies and aid.

Financing costs

60. (1) financing costs have to cover the reasonable costs for the payment of interest on equity and debt capital, taking into account the conditions of the capital market and the cost of income taxes. Sponsored financing are adequately taken into account.

(2) the financing costs must be determined by multiplying the appropriate financing cost rate with the capital base limit. This is the interest-bearing inventory of reserve, taking into account the financing tangent, which is to be recorded in personnel expenses, cost-reducing.

(3) the financing cost rate shall be determined from a weighted average cost of capital on the basis of a standard capital structure as well as the income tax. The standard capital structure has general cross-industry as well as significant company-specific factors to consider, which fall short of the equity ratio to more than 10%. A market risk premium for the equity and debt capital, the conditions of the capital market, as well as a risk-free interest rate are taken into account. A multi-year average may be used in determining the risk-free interest rate.


(4) the interest-bearing capital base shall be determined by the underlying costs set record within the meaning of article 8 for the transmission and distribution activity. It results from the tangible fixed assets required for the network operating and intangible assets less passivated network access and network deployment fees (construction grants) and any goodwill. In the case of consortia of network operators a higher capital base can recognised, if this merger achieved synergies immediately lead to a reduction of in overall costs.

Determine of the quantity structure

section 61. The amounts underlying the charges are based on delivery and single quantities of food in kWh, the arithmetic means of the monthly measured in the period under review and appropriate highest a center services in kW and counting points of the last available business year per level to determine. Current or expected significant effects at the amounts of development, both the quantity and the performance component as well as the number of counting points, can be considered.

4. main piece

Principles of fee determination

Pay determination and cost rolling

62. (1) the system license fee is on the network as well as the power level of the plant is connected, obtaining each count point. System usage fees are determined on the basis of determined circulating cost and of the quantity structure.

(2) in the case of several network operators within a network area the determined cost and the observed quantity of this carrier per power level are for determining the Systemnutzungssentgelte together. Differences between the determined cost and the proceeds on the basis of the quantity structure per operator should be within the range of the network. Appropriate compensation between network operators of a network area, for which the costs were detected, are set in the regulation referred to in article 51, paragraph 3.

(3) the procedure of the cost of rolling to legend in the determination of the fees of the high-voltage grid shall be determined by the regulator under due consideration of aspects of gross and net consideration by regulation in accordance with article 51, para. 3. Costs for the provision of secondary control power, as well as for the provision of power losses are not taken into account in the gross and net consideration. At the gross and net consideration a share of 70% for the net expenditures as a percentage of the total gift and supply is electrical work according to the rolling of costs in accordance with the gross consideration not to exceed. The gross component for the highest voltage level is taken into account in the work-related tariffs for network use separately and is to charge the operators of the network area in a process to be determined in the regulation referred to in article 51, paragraph 3.

(4) in determining the fees of the network levels, and network areas pursuant to § 63 Z 3 to 7 is also making a cost rolling, to split the cost share circulated from the higher-level network level on the extractor connected directly to the power level of the network section and feeder and all Extractor connected to the under-mounted power levels and feeder plus being the respective network level network costs. If the rolling the Fed power from generation plants at each network layer is to take into account. The rolling is using a reasonable relationship between power (kW) and work to be done (kWh).

(5) they surrender the for the costs of rolling to use electrical power after a recognized investigative procedures, such as the 3-Spitzenmittel or the maximum load process, when the high-voltage grid at least from the arithmetic mean in the periods January to March, April to September and October to December from the high-voltage grid-related maximum half hour - average power. The electrical work to be used for the costs of rolling results from the sum of the individual remuneration of all consumers connected to the respective level of the network and the network environments it supplied the electrical work to the next level. The personal use of the network is to exclude from the rolling of costs for the provision of transmission fees.

Power levels

section 63. As power levels, to go out is that at the education of system usage fees are determined:



1. level 1: maximum voltage (380 kV, 220 kV, including 380/220-kV wrapping);

2. level 2: wrapping of maximum to high voltage;

3. level 3: high voltage (110 kV, including installations with an operating voltage between more than 36 kV and 220 kV);

4. level 4: wrapping from high to medium voltage;

5. level 5: medium voltage (with an operating voltage between more than 1 kV to 36 kV and intermediate umspannungen);

6 power level 6: wrapping of medium to low voltage;

7 power level 7: low-voltage (1 kV and below).

Network areas

section 64. Are defined as areas of the network:



1. for the power levels 1 (EHV) and 2 (transformation from maximum to high voltage): a) Austrian area: the high-voltage grid, as well as the transformation from maximum to high voltage of VERBUND-Austrian power grid AG.

b) Tyrolean area: the high-voltage grids, as well as the transformation from maximum to high voltage of TIWAG Netz AG;

c) Vorarlberg area: the high-voltage grids, as well as the transformation from maximum to high voltage of VKW Netz AG;

2. for the other power levels, as far as Nos. 3 and 4 not else see the respective, covered by the networks in the network levels 3 to 7 of the companies listed in annex I and all functionally connected networks connected via these networks indirectly to the extra-high voltage grid other company areas with the exception of the network areas described in Nos. 3 and 4, above, where the Vienna energy power network GmbH and EVN Netz GmbH own high-voltage equipment, as well as the transformation from maximum to high voltage Level 3 (high voltage) in terms of costs are allocated to these network areas (NET area of Vienna energy power network GmbH or the EVN Netz GmbH);

3. for the Federal Province of Upper Austria for the level 3 that covered by the networks of Energie AG Oberösterreich network GmbH, LINZ power network GmbH and VERBUND-Austrian power grid AG together off field. for the network layers 4 to 7 that the networks of Energie AG Oberösterreich network GmbH and the LINZ power network GmbH and all functionally connected networks connected via these networks indirectly to the extra-high voltage grid other companies covered areas;

4. for the level 4 network covered by the networks of Innsbrucker kommunalbetriebe AG and energy Klagenfurt GmbH areas; for the 5-7 network levels covered by the networks of power network Graz GmbH, of Innsbrucker kommunalbetriebe AG, the energy Klagenfurt GmbH and energy supply Kleinwalsertal GesmbH areas, unless this is required from geographical, economic or technical network conditions.

Systems, whose costs compensation is regulated within the framework of contracts in accordance with article 70, paragraph 2 are to record in any of the areas of the network. The fee for Web use of cost compensation regulated in these contracts intended for the use of transmission facilities within the framework of contracts in accordance with article 70, paragraph 2. If in addition, such systems not within the framework of contracts in accordance with article 70, paragraph 2 is used, the respective system usage fees of the Austrian area come (level 1 and 2) or area of Vorarlberg (from level 3) to the application. Through its association with a network area other network operators will not intervene in the coverage area, in property rights, investment decisions, in the management and in the planning or in the network sovereignty.

6 part

Duties of suppliers and electricity traders

Data exchange

65. (1) electricity traders and other suppliers who deliver to end users, are obliged to conclude agreements on the exchange of data with the person in charge of the balance group, whose Mitglieder supply them the network operator to whose network the customer is connected, as well as the balance Group Coordinator.

(2) electricity traders and other suppliers who deliver to end users, are obliged to submit all relevant price data for end user supplied with standard products immediately after their availability of the regulator in this prescribed electronic form for entering in the fare calculator. Using the fare calculator of the regulator are to treat all competitors equally and transparent and non-discriminatory to publish all of the conditions provided by the regulatory authority.

7 part

Producers

Producers

§ 66.(Grundsatzbestimmung) (1) who have implementing legislation to oblige producers:



1 a balance group to join or make a separate balance sheet group;

2. data necessary concerned network operators, the balance Group Coordinator, the balance and other relevant market participants to make;

3. production schedules in advance on the affected network operators, the control area manager and the balance required extent when technical necessity to sign;


4. when using their own counting facilities and facilities for data transmission the technical specifications of the operator to comply;

5. in the case of part deliveries the announcement of production schedules at the affected balance;

6 in accordance with contractual arrangements on the order of the rule zone guide to removing network bottlenecks or to maintain the security of supply to provide services (increase or restriction of production, as well as change the availability of production equipment). It is to ensure that the district heating supply is guaranteed with instructions the control area manager to operators of CHP plants.

7 on the orders of the control area manager in accordance with section 23 paragraph 9 to the network bottleneck elimination or to maintain the security of supply of the boost and/or restriction of production thus changes the availability of production equipment to undertake, insofar as this does not contractually; to ensure in accordance with no. 6

8. on the order of the rule zone leader producers with technically suitable generators in unsuccessful we call against reimbursement of actual expenses have to provide the secondary control and to provide.

(2) the implementing laws have to provide that operators of generation plants with a bottleneck capacity of more than five MW are obliged:



1. the cost for the primary control to take over;

2. as far as this to provide the primary control power are able, to provide them in the event that the invitation to tender in accordance with section 67 was unsuccessful; on arrangement of the control zone leader

3. evidence of the provision of primary control power control area manager in appropriate and transparent way to provide;

4. to follow of in connection with the provision of the primary rule instructions of the control zone leader in particular the nature and the scope of to submit data regarding.

(3) the execution laws have to provide that operators of production facilities, which are connected to the Z 1-3 on the power levels in accordance with section 63 or have a bottleneck capacity of more than 50 MW, are obliged to transmit data about the current feed-in power of this generation plants in electronic form the respective control area manager for the monitoring of network security at the same time.

(4) the execution laws have to provide that operators of production facilities with a bottleneck capacity of more than 20 MW are obliged to transmit data via the temporal availability of generation plants of the State Government to monitor security of supply regularly.

Call the primary control power

§ 67.(Grundsatzbestimmung) (1) the execution laws have to provide that the primary control power using one of the respective control area manager or one of it regularly, however at least twice a year, carried out tender is provided representative.

(2) the implementing laws have provided that regularly perform a transparent prequalification procedure to determine of the providers interested to participate in the tender of primary control power have the control area manager. Classified in the prequalification procedure as suitable providers of primary control power are entitled to participate in the tender.

(3) the execution laws have to provide that the amount of benefit to be provided meets the requirements of the European network operation.

(4) the execution laws have provided that tender to be observed in the primary control system per plant performance has to be at least 2 MW.

(5) the implementing laws have provided that the respective control area manager at unsuccessfully spilt tender has to provide the primary control power to oblige the providers appropriate pursuant to par. 2 primary rule against reimbursement of actual expenses.

Raising the financing for the deployment of the primary control power

§ 68.(Grundsatzbestimmung) (1) the execution laws have provided that the operator of generation plants with a bottleneck capacity of more than 5 MW for the creation of funds for providing the primary control power in the ratio of their annual production quantities are required. At generation plants, the bottleneck capacity is greater than the power supply to the respective network, this power is multiplied by to be used with the hours of operation of the plant.

(2) the transfer and collection of funds referred to in paragraph 1 is carried out every three months the control area manager.

Tender of the secondary control

69. (1) the procurement of the secondary control by means of organized competitive tenders, which are carried out regularly by the respective control area manager. The conditions for the acquisition of secondary control are to approve administrative decision of the regulatory authority. Subject of the tender is the price for the provision of power and for the actual delivery of the work. Performance and price are applicable to the ranking of the offers. By the system service fees are 78% of the cost of the secondary control to raise the remaining cost be applied over the allocation of the balance energy;

(2) the control area manager have a transparent prequalification procedure to determine of the providers interested to participate in the tender of secondary control perform regularly. The goal is to be a participation of as large numbers of suitable suppliers in the tender process. Classified in the prequalification procedure as suitable providers of secondary control shall be entitled to participate in the tender.

(3) the amount of benefit that is to be out and to be deployed has to comply with the demands of European operations of the Federation and is determined by the control area manager.

(4) in the case of unsuccessful we call the control area manager has the producers with technically suitable production systems against reimbursement of actual expenses to deploy and provision of the secondary control to commit. Actual expenses shall be determined in each case by the regulatory authority.

(5) the funds for the procurement of the secondary control are to apply in accordance with article 56 in the ways of the system service fees and the fees for balance energy.

Supply via direct lines

§ 70.(Grundsatzbestimmung) execution laws have to provide for the possibility for the construction and the operation of direct lines.

8. part

CHP

Criteria for the efficiency of the cogeneration

For determining the efficiency of cogeneration annex IV the implementing legislation the authority may authorise § 71.(Grundsatzbestimmung) (1), to set efficiency reference values for separate production of electricity and heat. This efficiency reference values have an array of values, broken down according to relevant are factors such as year of manufacture and fuel types, and must rely on a detailed documented analysis of among other things the operating data under real operating conditions, cross-border electricity trading, the energy mix, the climatic conditions and the applied cogeneration technologies in accordance with the principles in appendix are taken into account IV.

(2) in determining the efficiency reference values referred to in paragraph 1, you are by the European Commission in accordance with article 4 of the CHP directive in decision 2007/74/EC established harmonised efficiency reference values taken into account.

Guarantee of origin of electricity from high-efficiency cogeneration

§ 72.(Grundsatzbestimmung) (1) has the Government on the basis of the harmonised efficiency reference values referred to in section 71 subsection 2 on application with notice to call the CHP for the network operator to whose network the system is connected, guarantees of origin may be exhibited Z 27 for electricity from high-efficiency cogeneration referred to in article 7, paragraph 1. The recent names of plants are immediately to inform the regulatory authority.

(2) the proof of origin issued by the operator referred to in paragraph 1 shall include:



1. the amount of energy produced from high efficiency cogeneration in accordance with annex III and in accordance with decision 2008/952/EC of the European Commission;

2. the name, type and bottleneck capacity of the production line;

3. the period and the place of production;

4. the primary energy sources used;

5. the lower calorific value of the primary energy carrier;

6. the use of the heat generated together with the electricity;

7. the primary energy savings which have been calculated in accordance with annex IV on the basis of the referred to in section 71, paragraph 2, established by the European Commission harmonised efficiency reference values;

8. the date of commissioning of the system;

9 details of received funding and the type of support scheme;

10. the name of the issuing authority and of the issuing State;

11. the date of issue of the proof of origin.

(3) the State Government has the exhibition of guarantees of origin to monitor regularly.

(4) with the issuance of guarantees of origin, no right of recourse to funding mechanisms is connected.

Recognition of origin from other States


§ 73.(Grundsatzbestimmung) for electricity from high-efficiency cogeneration from plants located in another EU Member State or EEA State are considered (1) origin of origin within the meaning of this Act, if they meet at least the requirements of article 5 paragraph 5 of Directive 2004/8/EC.

(2) in case of doubt has the State Government request or officio by decision to determine whether the conditions for recognition are available.

Reporting

§ 74.(Grundsatzbestimmung) (1) the land Governments have the Federal Minister for economic annually to present family and youth:



1. an in accordance with the method set out in annex III and the decision 2008/952/EC of the European Commission created statistics on the national production of electricity and heat from cogeneration and 2 statistics on cogeneration capacities, as well as the fuels used for cogeneration.

(2) the provincial governments have the Federal Minister of economy, to submit annually a report on their monitoring activities pursuant to § 72 ABS. 3 family and youth. The report has in particular those measures that have been taken to ensure the reliability of the detection system, to contain.

9 part

Obligations to customers

Network access permission

§ 75.(Grundsatzbestimmung) (1) the execution laws have provided that all customers have the right to conclude contracts for the supply of electricity to cover their demand with producers, electricity traders and electricity companies and to desire with regard to these power sets of network access.

(2) electricity companies can petition for network access on behalf of their customers.

Change of the supplier or of the balance group

76. (1), not exceed three weeks, calculated from knowledge of the supplier change by the operator, the duration of the procedure relevant for change of the supplier and of the balance group without prejudice to existing civil obligations. The regulatory authority is empowered to handle this for the change of the supplier and of the balance group, as well as the procedure relevant for the new registration by end-users through regulation. When determining the procedure is in particular in connection with a change of the network operators to appropriate technical and organisational measures, to ensure the compatibility of dates and deadlines with the accounting according to the balance sheet-group system, ensuring security of supply, as well as the enforcement of the customer will.

(2) the change of supplier is connected to no separate costs for the end user.

(3) the operator has to be determined to provide necessary data, in particular name, one by the Clearing House to performing address and counting point label platform decentrally in a non-discriminatory manner to all suppliers and balance in the standardized, structured electronic form upon request for the data synchronization in proceedings referred to in paragraph 1 by the regulatory authority regulation. The operation of the platform has to be made, respecting the data protection the unauthorized disclosure of the data is subject to the sanction in accordance with § 108. The regulatory authority is empowered to regulate the shape of the data transmission by the operator on the platform operated by the Clearing House to suppliers and conduct regulation.

(4) the ordinary termination by households or small businesses to the supplier is possible in compliance with a notice period of two weeks. Lock-in periods are contracted, the ordinary termination to the end of the first year of the contract and subsequently to the end of the last day of the respective month is possible. The ordinary termination of the supplier to households or small businesses can be done only by observing a period of minimum eight weeks.

Provider of last resort

§ 77.(Grundsatzbestimmung) (1) electricity traders and other suppliers whose activities include supplying household customers, have to publish their general tariff for the supply in the last instance by domestic consumers in an appropriate manner (E.g. Internet). You are obliged consumer within the meaning of § 1 para 1, to their current terms and conditions and this collective Z 2 consumer and small business, refering them opposite to the primary care, with electric power to supply (mandatory basic services). The execution laws have more detailed provisions relating to consumers within the meaning of § 1 para 1 Z to earmark 2 KSchG for the supply of last resort.

(2) the general tariff of basic services for consumers in the sense of § 1 para 1 Z 2 KSchG may be higher as those tariff, to which the largest number of their customers, the consumers in the sense of § 1 para 1, Z are 2 KSchG, be supplied. The general tariff of basic services for entrepreneurs in the sense of § 1 para 1 Z 1 KSchG shall be not higher than those tariff, which applies to comparable groups of customers. The consumer in the sense of § 1 para 1 Z must be 2 KSchG which refers to the universal service, in connection with the recording of delivery requires no security, bond or deposit, which exceeds the amount of an instalment payment for a month.

(3) device of the consumer is not in further delay of payment, six months it refund the security deposit and to refrain from an advance payment, as long as not a default of payment occurs.

Designation of origin (labelling)

78. (1) electricity traders and other suppliers that supply final consumers in Austria, are required on or as an attachment to their electricity bill (annual billing), as well as on relevant information material for end users assign the provider mix, which takes into account the total electricity generation of the current dealer for consumer. This obligation shall also in terms of labelling advertising material directed to consumers (§ 7 para 1 Z 32). The designation shall be made on the basis of total electricity sold by the provider to end user (provider mix).

(2) electricity traders and other suppliers that supply final consumers in Austria, are obliged, on or as an annex to their electricity bill (annual billing) consumer at least about CO2 emissions and radioactive waste from the electricity generated by the mix of providers, to point out the environmental impact. This obligation shall also in terms of the advertising material directed to consumers.

(3) the monitoring of the accuracy of the information the company has to be carried out by the regulatory authority. When incorrect information is the affected electricity traders with notice to ask to provide the data correctly.

Special provisions on the labelling

Section 79 (1) is the marking in accordance with section 78 after a moderate percentage breakdown on base of electric energy (kWh), of primary energy sources in solid or liquid biomass, supplied to the final consumer, biogas, landfill and sewage gas, geothermal energy, wind and solar energy, hydropower, natural gas, petroleum and whose products, coal, nuclear energy, as well as other.

(2) all the previous calendar or fiscal year are to use the quantities to the final consumer the marking of primary energy sources to the electricity bill.

(3) the percentage of the different primary energy sources in accordance with paragraph 1 are to expel provider mix that takes into account the total electricity generation of power dealer to the final consumer as uniform. The primary energy sources are not clearly ascertainable, such as purchasing power exchanges, a mathematical mapping of these amounts on the basis of the current Europe-wide total application by ENTSO (current) minus their application on the basis of renewable of energy must be made.

(4) the marking must be clearly legible. Other notices and notices on your electricity bill may be unsuitable to lead to confusion with the marking.

(5) electricity traders have to document the understanding of the labelling. In the documentation the quantities supplied by them to the final consumer, are applied must be represented divided by the primary energy source that is conclusive.

(6) the documentation, if the electricity traders is not lower than a total sale to final consumer of 100 GWh, must be audited by a chartered accountant or a sworn and court certified expert in the field of electrical engineering. The result is confirmed in an annex to the annual report of the electricity distributor to publish in a clear form and by the inspection body.

(7) the evidence referred to in paragraph 6 shall contain information about the primary energy source with which the electrical energy is produced, place and period of production and name and address of the producer. They are of a surveillance approved in accordance the accreditation Act, to confirm testing or certification authority. section 3 of the Act of accreditation shall apply mutatis mutandis. Only guarantees of origin in accordance with article 8 and article 9 of the eco-electricity Act, or in accordance with the provisions of article 15 of the directive 2009/28/EC be recognised as proof of power generation from renewable energy sources.


(8) the result of the documentation that must be created no later than four months after the end of the calendar or fiscal year, or actual delivery room is for a period of three years for inspection by end user at Headquarters (main residence) of the current dealer or - abroad--at the headquarters of the domestic ad litem to provide this.

(9) electricity traders have the evidence according to present para 5 to 7 and all necessary documents, which are required to be able to check the accuracy of the information at the request of the regulatory authority within a reasonable time.

(10) electricity traders or other suppliers have, unless you have an obligation to publish annual accounts in accordance with article 8, paragraph 1, to specify the provider mix in accordance with paragraph 3, specifying the respective sold or dispensed quantities of electrical energy, in these financial statements.

(11) the regulatory authority shall by regulation to impose more regulations on the marking of power. The requirements for shaping the evidence to the different primary energy sources and flow marking in accordance with this legislation and in particular the extent of the obligations in accordance with article 78, paragraph 1 and paragraph 2 are to determine.

General terms and conditions for the supply of electrical energy

Section 80 (1) (determination of principle of) providers have terms and conditions for the supply of electric energy for customers whose consumption is measured not during a load profile meter to create. The terms and conditions and their changes are to display the regulatory authority prior to their in force in electronic form and to publish in a suitable form.

(2) changes to the terms and conditions and the contractually agreed fees are allowed only in accordance of the General Civil Code and of the consumer protection act. Such changes are electronically notify the customer in writing in a letter addressed personally to them, or at his request. In this letter are the changes to the General conditions reproduce comprehensibly. Terminates the contract in the event that customer objects to the changes of the terms and conditions or of the fees, the contract ends with the following after a period of 3 months last day of month.

(3) (principle provision) general terms and conditions or contract forms have between suppliers and customers to contain at least:



1. name and address of the supplier;

2. Services and offered quality, as well as the estimated date for the start of the delivery;

3. the energy price in cents per kWh, including any surcharges and taxes;

4. duration of the contract, the conditions for renewal and termination of services and of the contract, the existence of any right of withdrawal;

5. any compensation and the refund arrangements for non-compliance with the contractually agreed service quality, including incorrect and delayed billing;

6. Note on the available redress;

7. the conditions to which a supply within the meaning of section 77 takes place;

8. modalities to which the customer is required to make instalment payments, whereby a payment is at least ten times a year anyway, to offer.

(4) (determination of principle of) the providers have proven to inform their customers prior to the conclusion of a contract regarding the essential elements of the Treaty. For this purpose, the customer a leaflet is handed over. This also applies if the contract is initiated through an intermediary.

(5) by the provisions of paragraph 1 to 4 remain the provisions of the consumer protection act and of the ABGB untouched.

Minimum requirements for invoices and information and promotional material

Section 81 (1) to the final consumer-oriented information and promotional material, as well as invoices are transparent and consumer-friendly. As far as the system license fee and the price for the electric energy together, and they advertised together offered a joint contract, or one should be settled, are the components of the system user fees, surcharges for taxes and duties, as well as the price of electrical energy in a transparent manner disclosed separately. The indication of the price of energy has to be done anyway, in cents/kWh as well as quotation of a possible initial charge. An electronic transmission of invoices is allowed on customer request, the right of customer on accounting in the form of paper may be however excluded contractually. For the accounting in the form of paper, no additional costs may be charged to the customer.

(2) a periodic billing is on request end users.

(3) on the invoices for the use of the system, the individual components of the system user fees and taxes are taxes and surcharges in accordance with federal or landesgesetzlicher provisions separately. In addition, there are in particular the following information:



1. the assignment of customer installations to the grid levels in accordance with section 63;

2. the extent of agreed or acquired for the use of the network in kW;

3. the counting point labels;

4. the meter readings used for billing.

5. information on the type of counter status determination; It is specifying whether a meter reading was carried out by the network operator, a self reading by the customer or a computational investigation of counter readings;

6. the energy consumption in the period per period and the comparison to the previous year;

7. the possibility of self reading by the customer;

8 telephone contact information for major incidents.

(4) the network operator the power user has the information referred to in paragraph 3, as well as all stored free of charge to send him relevant consumption data of the last twelve months on request to him or explicit statement to a named third party. section 84 shall remain unaffected.

Switch off the mains connection and information of customers

Network operators have section 82 (1) consumers easy and immediately accessible in the Internet, as well as in the context of one of the accounting fair information sheet for free to provide following information:



1. name and address of the company, 2. provided services and quality levels offered, as well as time for the initial connection, 3. nature of the maintenance services, 4. manner, up-to-date information on all applicable tariffs are available, 5. duration of the contract, conditions for renewal and termination of services and of the contract, rescission rights, 6 any compensation and the refund arrangements for non-compliance with the contractually agreed quality, including incorrect and delayed billing , 7 proceed to initiate dispute resolution proceedings, 8 any versions of the European Commission on the rights of energy consumers.

(2) suppliers have to provide following information easily and immediately accessible in the Internet, as well as under one Bill fair information bulletin end-users free of charge:



1 name and address of the company, 2. type and manner as current information about all current prices are available, 3. duration of the contract, conditions for renewal and termination of services and of the contract, rescission rights, 4. to initiate dispute resolution proceedings, 5th on the right to supply in accordance with § 77, 6 any compensation and the refund arrangements for non-compliance with the contractually agreed service quality, including incorrect and delayed billing , 7 any versions of the European Commission on the rights of energy consumers.

(3) the operator is only entitled in cases of breach of contract for the physical separation of the network connection if the is preceded by a double reminder including at least two-week grace period. The second reminder has to contain also information about the result of a shutdown of the network access after the two-week grace period, as well as the associated estimated costs of a possible shutdown. The final warning has to be carried out by registered mail.

(4) network operators and existing supplier have to put the customer at the latest six weeks after completion of the supplier change or termination of the contract the statement. The operator has to submit the Bill for three weeks to the existing supplier network use, unless the previous supplier invoice for network use.

(5) a Prepaymentzähler is to uninstall, if the end user over a period of six months has paid its bills.

Intelligent instruments

Section 83 (1) of the Federal Ministry of economy, family and youth can set the introduction of Intelligent measuring devices after conducting a cost/benefit analysis. This has by regulation to be carried out after consultation with the regulatory authority and the representatives of consumer protection. The network operators are to undertake in case of the adoption of this regulation, to equip those consumers whose consumption is measured, not during a load profile meters with smart meters.


(2) the regulatory authority has by regulation to determine where these smart meters have to comply with and in accordance with section 59 when determining the cost base for the determination of remuneration in approach to bring those requirements. The operation of intelligent instruments has to be done, while maintaining the data and consumer protection the regulatory authority shall as far as possible involve representatives of consumer protection as well as the data protection Commission.

Measurement of intelligent instruments

Network operators are section 84 (1) obliged, no later than six months from the date of installation of a smart meter at the respective end user day to capture its specific consumption meter readings and for purposes of billing, customer information and energy efficiency to save. Network operators are obliged to provide all consumption data those consumers whose consumption is measured during a smart meter at the latest one day after their initial processing on the Internet free of charge available.

(2) network operators are obliged to send readings of consumer, the consumed is measured by using a smart meter if the customer does not contradict, monthly to the respective suppliers. The suppliers are obliged to send a consumption - created on the basis of the measured values and current cost information to end-users free within two weeks after delivery of the measured values. The end user is to grant the choice, to receive free paper excise information upon request.

(3) consumers, the consumed not using a smart meter is measured, is to submit a detailed consumption information with the invoice. In addition, the operator has the possibility of admitting, once every three months to give meter readings all end users. The network operator is obliged in case of counter status notification to submit a timely usage information the end user within two weeks.

(4) the regulatory authority can use regulation to set the data to be submitted in accordance with paragraph 2 of the network operator to the supplier as well as the level of detail and the form of the provision of consumption information in accordance with paragraphs 1 to 3. She has to take into account the intelligibility, as well as the suitability of the information on the effect of efficiency gains.

10 part

Balance group

Summary of network users in balance groups

§ 85.(Grundsatzbestimmung) are (1) network users by the implementing legislation to commit, to join a balance group or form your own balance sheet set.

(2) network users are obliged according to their legal and contractual obligations



1. data, counter values and other serving to determine of their power consumption information on network operators to provide balance and the balance Group Coordinator in accordance with the obligations arising from the contractual agreements and to provide, as far as this is necessary to maintain a competitive electricity market and ensuring consumer protection;

2. when using their own counting facilities and equipment for data transmission the technical specifications of the operator to comply;

3. messages with suppliers - and change of balance groups to leave, as well as to meet the deadlines laid down for that purpose;

4. contract data to report, who are tasked with the creation of indexes;

5. need for technical production and consumption schedules of the network operator and the control area manager to sign;

6 contracts for the exchange of data with other network operators to complete the balance, and the balance group coordinators and other market participants, according to the market rules.

Balance group representative

Section 86 (1) (principle of determination) balance group can be formed within each control area. The formation and change of balance groups carried out the balance.

(2) (principle provision) the balance must meet the requirements that are required to carry out its tasks and duties, in particular in legal, administrative and commercial aspects.

(3) (determination of principle of) the implementing laws have provided that the balance has to prove his professional qualifications. The implementing legislation to enact further rules on the funding have to ensure the capacity for the fulfilment of its obligations.

(4) (principle provision) the conduct in addition to the fulfilment of its tasks and duties, as well as compliance with the market rules is required. The balance does not fulfil his obligations, the implementing legislation have the prohibition of his occupation to be provided.

(5) (constitutional provision) the supervision of conduct is carried out by the regulatory authority. The monitoring of compliance with the provisions contained in the laws of execution is assigned to the regulatory authority to the Agency. The assessment of professional competence as well as a prohibition of the activity of the balance depends on the laws that apply to their seat. The allocation of suppliers or customers who belong to any balance sheet group or no own balance group form, to a balance group has to be carried out by the regulatory authority.

Tasks and duties of the balance

The balance the following tasks to assign to have section 87 (1) (principle of determination) the implementing laws:



1. the creation of schedules and delivery of the clearing house and the affected control area manager;

2. the conclusion of agreements concerning reserve requirements as well as the supply of balance group members, who have been assigned to them by the regulatory authority

3. the message of certain production and consumption data for technical purposes;

4. the notification of production and inspection schedules of large buyers and single feeders according to defined rules for technical purposes;

5. payment of charges (fees) to the balance group coordinators;

6. the payment of the charges for balance energy to the balance Group Coordinator as well as the billing of the charges to the balance group members.

(2) (principle provision) the balance are to commit:



1. contracts with the balance Group Coordinator, to complete the network operators and the balance sheet group members through the exchange of data;

2. a to lead evidence of the balance group members;

3. According to the rules of the market data to the balance group coordinators, the operator and the party members of balance of to pass.

4. schedules between balance groups to create and the balance Group Coordinator to a from this fixed point to report;

5. balancing the balance sheet group members - in the sense of a supply of this - to provide;

6. all measures to meet, which are required to minimize the expenses of the eco power settlement agency for balance energy.

(3) (principle provision) a balance sheet group member changes the balance group or the suppliers, are the data of the balance sheet group member to pass the new balance group or the new suppliers.

(4) (constitutional provision) the conduct policies for approval to submit and prompt this change, unless this is necessary to achieve a competitive market or to the acquisition of ecological current assigned to the electricity traders has the regulatory authority. The regulator can cause particularly also needed to minimize the expenses of the eco power settlement agency for balance energy changing the temporal framework for the allocation of timetable.

11 part

Monitoring tasks

Monitoring tasks

Section 88 (1) (determination of principle of) the implementing laws have to envisage monitoring tasks for the State Governments within the framework of their monitoring functions relating to the electricity market. In particular these include



1. the security of supply in relation to the reliability and quality of the network, as well as the commercial quality of the Web services, 2. the degree and effectiveness of market opening and the scope of competition on the wholesale and consumer level, including any distortions or restrictions, 4. any restrictive contractual practices, including exclusivity provisions, the large commercial customers that can prevent the degree of transparency in the electricity market considering the wholesale prices, 3. , at the same time with multiple providers restrict contracts to close, or their opportunities to do so, 5 the duration and quality of new connection made by transmission and distribution system operators, maintenance and other repair services, 6 the investments in production capacity with views on the security of supply, continuously to observe.


(2) (principle provision) The implementing legislation have population, units and features, characteristic value, data format, frequency, to carry out the tasks referred to in paragraph 1, closer to regulate intervals and procedures of ongoing data collection, as well as determination of the obligation of persons. Here, the following data is anyway to determine:



1. from network operators: number of new connections including each for this needed time; carried out maintenance and repair services including each for this high a fees and time required; Number of planned and unplanned supply interruptions, including number of consumers affected, performance, duration of the supply interruptions, cause and affected voltage levels; Characteristics of voltage in public electricity supply networks; Number of network access and network access requests as well as their average processing time;

2. by distribution system operators: number of switching and changed quantity (kWh), separately for power levels and suppliers; Disconnection rates, under a separate designation of shutdowns for suspension or termination of the contract due to breach of contractual obligations; Number of Neuan - and cancellations; Number of used pre-payment meters; carried out number of initiated changes, which were made known to the network operators including number of non-successful changes; Number of recovery of the delivery after interruption as a result of late payment; Number of accruals and share of the Bills, which were later sent out six weeks after termination of the contract; Number of customer complaints and enquiries and subject (E.g. invoice and invoice amount or counter, reading and consumption determination) as well as the average processing time of complaints;

3. from providers: energy prices charged in Eurocent/kWh of per defined customer group; Number of switching, as well as any quantity (kWh), each divided into customer groups; Number of complaints received, together with the grounds of appeal; Number of supplied consumers with dispense rate of per defined customer group.

(3) within the framework of its monitoring function concerning the electricity market, the regulatory authority has the task of



1. the compliance with the rules relating to the roles and responsibilities of transmission system operators, distribution system operators, utilities and customers, as well as other market participants pursuant to Regulation 2009/714/EC, 2. the implementation of control measures within the meaning of § 10 of the power steering law, 3. the investment plans of the transmission system operators, 4. congestion management in the sense of § 23 para 2 Z 5 and the use of congestion income 5. technical cooperation between transmission system operators based in Germany and transmission system operators domiciled in the EU or in third countries , constantly watching and 6 of rule zone leaders to collect aggregated information from all procurements by rule energy products (i.e. primary, secondary and tertiary control, unintentional Exchange), such as periodic costs, purchased quantities, number of bidders, as well as information about the balancing energy situation in the control area as prices of balance group for unused balance energy, performance variance of the entire control area and usage of control energy products, deviations of the balance group.

(4) electricity traders are obliged, by the regulatory authority regulation with other electricity traders and transmission system operators for a period of five years to be kept to change transaction data about transactions and their tasks if necessary at any time in a form prescribed by the regulatory authority available to the regulator, the Federal competition Commission and the European Commission. The regulation has in any case to determine the storage and delivery of the following data: features and specifications for each financial and physical transaction, in particular the date of transaction, contract duration, power exchange or other trading venue on which the transaction was made, first delivery date, identity of buyers and sellers, transaction amount and price or price adjustment clauses.

(5) a declarant refuses to report data according to para 2, 3 and 4, the regulatory authority may order the reporting of the data communication.

(6) the regulatory authority can carry out independent surveys of customer satisfaction to the evaluation of the operator for the services and quality of care information or cause. The network operators are obliged to cooperate and to support these surveys.

(7) the regulatory authority is authorized to complete data exchange agreements with regulatory authorities of other Member States, and this use gained information for purposes of the tasks referred to in paragraph 1. The regulatory authority is authority concerning the data transmitted on the same level of confidentiality tied as the information.

(8) the referred to in paragraph 2 notifying parties have until no later than 31 March of each subsequent year in a format defined by the regulator electronically to transmit the data referred to in paragraph 2 of the regulatory authority and the respective Provincial Government. In addition are to communicate the following data to the regulatory authority, by analogy with application of the last sentence:



1. by rule zone leaders: data about calls cross-border capacities, in particular offered and allocated and reported by market participants as a roadmap capacity for year, month and day awards, actual physical line rivers, safety margins when capacity calculations, details of reductions of already allocated capacity;

2. service price specified of the people each receiving before the invitation to tender in connection with the purchase of balance energy (i.e. primary, secondary and tertiary control, unintentional Exchange): Per bid (EUR/MW), price (EUR/MWh), offered power (MW), of the bid and rule zone connection.

12 part

Authorities

Authority jurisdiction in other matters regulated by directly applicable federal law

89. (1) unless otherwise determined in the individual case, is the regulatory authority authority in the sense of directly applicable federal provisions of this Federal Act.

(2) administrative penalties are in accordance with § 99 to § 102 which according to § 26 competent district administrative authority to impose VStG. The regulator has in this party proceedings. It is entitled, the observance of laws that protect the compliance of their public interests to be performed, as a subjective right in the procedure and to raise complaints to the administrative court.

(3) the regulatory authority can hurt debtor, the obligations under this Federal Act, to point out and wear them to establish the legitimate State within a reasonable period of time set by her, if there are grounds to believe, that a legally compliant behavior will be also without penal. While she has on the legal consequences associated with such a prompt to point out.

(4) required are not to punish, if they make the legitimate State within the time limit specified by the regulatory authority.

(5) amount of the fines in accordance with section 104 and section 107 are to impose the Antitrust Court.

Electricity Affairs Agency jurisdiction

Unless otherwise determined in the individual case, authorities in the meaning of the principle provisions of this Federal Act are section 90.(Grundsatzbestimmung)



1. the Government of the country;

2. the Federal Ministry of economy, family and youth in the cases of article 12 paragraph 3 B-VG.

13 part

Special organisational regulations

State Electricity Board

To advise the Government concerning fundamental connection, the implementing legislation to provide an electricity Advisory Committee have § 91.(Grundsatzbestimmung) (1).

(2) the implementing legislation have persons who participate in proceedings conducted on the basis of execution Act, to undertake to maintain secrecy.

Arrangement and carrying out statistical surveys

Section 92 (1) of the Federal Ministry of economy, family and youth is authorised, in particular the number of changes and new customer numbers for customer groups and other statistical work on electricity to arrange surveys, including price surveys and other market data, surveys. Implementation of statistical surveys and other statistical work has to be carried out by the regulatory authority.

(2) the Federal Minister for economy, family and youth shall by regulation to arrange surveys. The regulation shall in particular contain in addition to the arrangement of statistical surveys:



1. the population;

2. statistical units;

3. the type of statistical survey;

4. data collection characteristics;

5. characteristic value;

6 frequency and time intervals of data collection;

7. the determination of the category of persons, which is obliged to provide information;

8 whether and to what extent the results of statistical surveys to publish are, where the provisions of article 19 paragraph 2 of the Federal Statistics Act 2000 are observed.


(3) a declarant refuses to sign data, the regulatory authority of the registration decision can determine and map the message of data by decision.

(4) the disclosure of individual data to the Federal Agency "Statistics Austria" for purposes of Federal statistics is permissible.

(5) the implementation of surveys, as well as the processing of the data acquired on the basis of these surveys has, by analogy with the provisions of the Federal Statistics Act 2000 to be carried out.

Automation-supported data traffic

93. (1) personal data which are necessary for the conduct of procedures in matters that are covered by this federal law by directly applicable federal law, which requires authority in fulfilling its supervisory activities or exercised the authority pursuant to section 10 to note, may in accordance with the provisions of the data protection act to determine automatically and processed.

(2) the Federal Minister of economy, family and youth and the regulatory authority are authorized, processed data in the framework of proceedings, that this federal law by directly applicable federal law are regulated, to submit to



1. the parties to this process;

2. experts who are invited to attend the proceedings.

3. the members of the regulatory and Energy Advisory Board;

4. requested or delegated authorities (§ 55 AVG);

5. the authority responsible for the electricity regulatory approval procedure, insofar as these data within the framework of this procedure are required.

Obligation to pass tax cuts

§ 94. accounts for in the prices of goods or services included taxes, duties or customs amounts wholly or in part, the prices are way to reduce these amounts.

Rights to information

§ 95.(Grundsatzbestimmung) execution laws have to ensure that the provincial governments in every position of the procedure are entitled to request information about everything for what is required to perform these procedures and insight can take for this purpose in the economic and business records.

Automation-supported data traffic in the implementing legislation

§ 96.(Grundsatzbestimmung) execution laws have to ensure that personal data which are needed which require the authorities in fulfilling their supervisory activity or to bring the Government to note are for carrying out proceedings in electricity may be automatically identified and processed, as well as to regulate the transfer of data to third parties according to the principles arising from § 93.

Reporting obligations of State Governments

§ 97.(Verfassungsbestimmung) the State Governments have no later than 30 June of each year to submit a report on the experience with the functioning of the internal market in electricity and the enforcement of implementing laws adopted on the basis of this Federal Act the Federal Ministry of economy, family and youth.

14 part

Penalties and fines

1. main piece

General commitment by the countries

General commitment by the countries

§ 98.(Grundsatzbestimmung) execution laws have to provide effective, proportionate and dissuasive sanctions on electricity undertakings with regard to the obligations of the law implementing, where for violations



1 of company not less than 100 000 customers are connected to their network, against the provision of section 66 paragraph 2, section 67, paragraph 2 or article 88 para 2 a minimum penalty of 10 000 euros, 2. by companies on their network at least 100 000 customers are connected, against the provision of § 21 para 1, § 23 para 2 or 5, § 37 para 1, § 40, article 42, paragraph 1 , 3, 5, 6 or 7, § 45, § 77, article 80, paragraph 1, 3 or 4 or § 87, subsection 1, 2 or 3 a minimum penalty of EUR 50 000 and 3 by all other companies against the provision of § 21 para 1, § 23 para 2 or 5, § 37 para 1, § 40, article 42, paragraph 1, 3, 5, 6 or 7, article 45, article 66 par. 2, article 67 paragraph 2 § 77 , Article 80, paragraph 1, 3, or 4, § 87 ABS. 1, establishing an effective, proportionate and dissuasive sanction 2 or 3 or § 88 par. 2 is.

2. main piece

Administrative offences

General penalty provisions

99. (1) if the Act is not the offence of a criminal offence falling within the jurisdiction of the courts or a fine offense or is under threat after another administrative penal provisions more stringent punishment, commits an administrative offence and is fined to punish with up to EUR 50 000, who



1 in § 17 para 4, 5 or 6 or § 18 set not obligations;

2. the in § 27 ABS. 2 Z 3 set not obligations;

3. in article 32, paragraph 1 laid down no obligations;

4. causes the exchange period fixed in article 76, paragraph 1 is not respected.

(2) if the Act is not the offence of a criminal offence falling within the jurisdiction of the courts or a fine offense or is under threat after another administrative penal provisions more stringent punishment, commits an administrative offence and is fined to punish with up to 75 000 euro, who



1 in article 8, paragraph 1, 2 or 3, or article 9 established obligations does not fulfil;

2. his information and granting inspection according to § 10 obligation to comply;

3. paragraph 2 does not comply with his obligation pursuant to article 14 or article 80;

4. the due to a regulation that article 19 does not meet regulatory authority in accordance with specified obligations;

5. paragraph 3 does not meet his obligations for data transmission in accordance with § 19 para 4 or § 76;

6. his obligation as producer in accordance with section 23, paragraph 9 does not meet;

7. his obligations in accordance with § 37 para 7, article 38, paragraph 1 or article 39, paragraph 1, 2, 3 or 4 does not fulfil;

8. his obligations in accordance with § 69 not;

9. his obligations as supplier or electricity traders in accordance with section 65 or section 78 para 1 or 2 does not comply with.

10. his obligation pursuant to section 79 does not meet;

11. his obligations pursuant to section 81 does not;

12. his obligations pursuant to article 82 does not comply with 13 obligations in accordance with article 83, paragraph 1 does not fulfil;

14 smart instruments used, which do not comply with the Regulation pursuant to article 83 paragraph 3 of established standards;

15. his obligations pursuant to article 84, paragraph 1, 2 or 3 does not meet;

16 paragraph 4 does not meet. his obligation according to § 87;

17. his obligation according to § 88 par. 4, 5, 6, or 8 fails.

18. the on the basis of a regulation in accordance with § 92 section 2 arranged statistical surveys does not fulfil;

19 the to bottom of section 24 para 2 of the E-ControlG for the scope of this federal law does not comply with adopted decisions or the conditions, limitations and requirements;

20. the decisions adopted on the basis of this Federal Act or the conditions, limits and conditions does not conform to.

21 provisions of regulation 2009/714/EC or regulation 2009/713/EC or the guidelines adopted on the basis of these regulations does not meet;

22 decisions, based on provisions of regulation 2009/714/EC or regulation 2009/713/EC or the guidelines based on it, does not meet;

23 provisions of directives 2009/72/EC or 2009/73/EC adopted guidelines not corresponded.

24 decisions which are based on guidelines which were adopted basic of guidelines 2009/72/EC or 2009/73/EC, does not meet.

(3) if the Act is not the offence of a criminal offence falling within the jurisdiction of the courts or a fine offense or is under threat after another administrative penal provisions more stringent punishment, commits an administrative offence and is fined to punish with up to 100 000 euro, who



1. violates article 11, § 48 para 2, § 76 para. 3 or article 84, paragraph 1 data illegally revealed;

2. the for ownership unbundled transmission system operators in section 24 defined not obligations;

3. for independent system operator and transmission system owners in section 25, section 26 or section 27 laid down obligations, with the exception of § 27 para. 2 No. 3, does not fulfil;

4. the for independent transmission system operators in § 28, § 29, article 30, article 31 or section 32 laid down obligations, with the exception of article 30, paragraph 1 Nos. 3 and § 32 para 1, does not fulfil;

5 in article 30, paragraph 1 Nos. 3 and § 33 set not obligations;

6 in the determination decision according to article 34, paragraph 1 or article 35, paragraph 1 conditions laid does not meet;

7. the in section 34 paragraph 3 Z 2 or § 34 paragraph 7 laid down obligations does not comply with.

Withholding of tax cuts

section 100. Who contravenes section 94 or who although prices lowers the § 94 according to, the impact of the reduction of taxes, levies, or duties, but it bypasses that he, with corresponding cost increases is not caused, makes totally or partly ineffective lowering the mentioned duties through a price increase, commits an administrative offence and is to punish up to 50 000 euro fine.

Operating without certification


§ 101. An administrative offence commits and is fine to punish with up to 150 000 euro, who makes no application for certification pursuant to section 34, para 3 Z 1 or section 35 as a transmission system operator or after the final rejection of such application for certification results in the operation of the transmission system without certification.

Price gouging

§ 102. (1) unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts or is threatened after other administrative penal provisions more stringent punishment, commits an administrative offence, who characterized a higher price than the one by the regulator under this Federal Act certain maximum or fixed price or a lower price than the minimum specified by the regulatory authority under this federal law or fixed price for a network service , demands, accepts or promise can be, and can be punished up to 100 000 euro fine.

(2) the unauthorized surplus is to explain revoked.

Statute of limitations

§ 103. The Statute of limitations (§ 31 para 2 VStG) for administrative offences pursuant to § 99 to § 102 is one year.

3. main piece

Fines

Discrimination and other fine facts

104. (1) on application of the regulatory authority has the cartel court decision in the proceedings except disputes fines up to a maximum of 10% of the in the preceded fiscal year achieved annual sales of network operators to impose if the operators intentionally or grossly negligently discriminated against pursuant to section 9.

(2) on application of the regulatory authority has the cartel court decision in the proceedings except disputes fines up to a maximum of 5% of the in the preceded fiscal year achieved annual sales of network operators to impose, if he



1 obstructed. the compliance officer in the performance of his duties;

2. the Terminal, citing possible future constraint which rejects available network capacity and this rejection is not the actual conditions;

3. obligations imposed on him by regulation 2009/714/EC for the provision of information or its reporting obligations does not meet;

4. the basic regulation 2009/714/EC not corresponding to given decisions of the regulatory authority;

5. his commitments on a background which does not meet guidelines contained in the annex to the regulation 2009/714/EC.

(3) the regulatory authority has party position in proceedings referred to in paragraphs 1 and 2.

Participating companies and succession

Section 105 (1) not only the operator commits the fine constituent of article 104 para 1 and 2 but every company that determines the transmission system operator to execute or otherwise contributing to their execution.

(2) with regard to the succession, section 10 of the Association responsibility Act shall apply mutatis mutandis.

Design

106. (1) it is an operator which is part of a vertically integrated electricity company, is the fine of the annual turnover of the vertically integrated electricity company to calculate.

(2) in determining the amount of the fine is especially on the gravity and the duration of the infringement, on the enrichment obtained through the violation of rights, on the degree of culpability and the economic performance of, as well as on the participation in the enlightenment of the infringement to be taken into account.

Statute of limitations

§ 107. A fine may be imposed only if the request within five years from the termination of the infringement.

4. main piece

Court criminal offences

Unlawful disclosure or use of data

section 108. Who illegally disclosed data contrary to section 11, § 48 para 2, § 76 para. 3 or article 84, paragraph 1 or recycled and is their revelation or utilization liable to violate a legitimate interest of the person concerned, is to punish up to one year imprisonment by the Court.

(2) the general public in the main proceedings is to exclude on its own initiative or at the request of, if this is necessary in the interests of the parties or on the procedure of people not involved.

15 part

Transitional and final provisions

Entry into force and repeal of legislation of the Federal Government

§ 109 (1) (constitutional provision) § 1, § 21 para 2, § 23 para 9, § 41, § 47, § 86 para. 5, § 87 par. 4, § 88 par. 8, article 97, article 109, paragraph 1, article 113, paragraph 2 and article 114, paragraph 2 apply with 3 March 2011. at the same time § 12 para 3, § 20 para 2, § 22 para. 2 step Z 5a, § 22a para 5, § 24, § 31, § 46 para 5, § 47 para 4, § 61, § 66 b, § 70 para. 2 and § 71 section 3 and 9 to 11 of the Elektrizitätswirtschafts and Organization Act, Federal Law Gazette I no. 143/1999, as amended by Federal Law Gazette I no. 112/2008, override.

(2) the provisions of directly applicable federal law of this Federal Act, (3) Save as otherwise provided, with March 3, 2011 into force; at the same time I enter the provisions of directly applicable federal law of the Elektrizitätswirtschafts and Organization Act, Federal Law Gazette No. 143/1999, as amended by Federal Law Gazette I no. 112/2008, with the exception of § 68a article 6 and § 69, override.

(3) article 112, paragraph 1 enter into force with the day following the announcement. section 35 shall enter into force 3 March 2013. Section 59 para 6 No. 6 1 January 2014 into force.

Entry into force of provisions of principle and execution laws

The provisions of this Federal Act known as principle provisions contact section 110 (1) March 3, 2011 in force; at the same time are known as principle provisions, the provisions of the electricity Act, Federal Law Gazette I no. 143/1999, as amended by Federal Law Gazette I no. 112/2008, with the exception of § 68a para 1 to 3, except force.

(2) the implementing legislation of the countries should be adopted within six months after the day following the announcement.

Transitional provisions

§ 111 (1) due to the Elektrizitätswirtschafts and Organization Act, Federal Law Gazette I remain adopted regulations No. 143/1998, before entry into force of this federal law until the revision of relevant subjects by regulations under this Federal Act in force.

(2) on matters of administrative offences, which were committed before the entry into force of this federal law, I still find the provisions of the electricity economic and Organization Act, Federal Law Gazette No. 143/1998, in the version applicable at the time of committing the Act application.

Transitional regime relating to unbundling and network development plan

112. (1) the restructuring carried out in connection with the unbundling of any restructuring carried out by by way of universal succession; This applies in particular to contributions. To formation operations are exempt from all deadline regulated taxes, duties and fees that are connected with the establishment or a transfer of assets. This exemption shall apply also to legal relationships established on the occasion of restructuring, in particular leases, easements, as well as loan and credit agreements. To Foundation operations are considered non-taxable sales within the meaning of the UStG 1994, BGBl. No. 663/1994, as amended; the transferee occurs immediately in the right position of the transferor for the scope of the sales tax. In addition the provisions of to tax Foundation, Federal Law Gazette No. 699/1991, as amended, with the proviso that the Foundation to tax law also apply is if there is no partial operation in the sense of the Foundation to tax law. The implementing legislation referred to in section 22 or section 42 close the continuation or establishment of a fiscal unity in accordance with § 2 value added tax Act and § 9 Act not out.

(2) transmission system operators have to comply with the provisions of § 24-§ 34 until March 3, 2012.

(3) the network development plan referred to in section 37 must be submitted for the first time six months after the entry into force of this Federal Act for approval.

Final provisions

Private agreements governing the purchase, delivery and Exchange or the transport of electricity, remain 113. (1) as far as they are compatible with Union law, by the provisions of this Federal Act unaffected.

(2) (in 1962, 1988 remain constitutional provision) the land contract in 1926 as amended by 1940 and the Tyrolean country contract in 1949 with its supplement the Illwerkevertragswerk of 1952 and the Illwerkevertragswerk by the provisions of this Federal Act unaffected.

(3) where on a power line, which exceeds the border to a third country, operated a market-based procedure for capacity allocation, energy supplies, that existing international law obligations to the third country concerned is designed solely for the fulfillment of the date of entry into force of this Act, are excluded from the procedure for capacity allocation, if the power supply does not exceed 10 vH of technically available capacity of the line.

Enforcement

§ 114 (1) with the perception which rights the Federal Government pursuant to article 15 is 8 B-VG para with respect to the principle provisions contained in this federal law, the Federal Minister of economy, family and youth entrusted.


(2) (constitutional provision) The Federal Government is entrusted with the enforcement of § 1, § 21 para 2, § 23 para 9, § 41, § 47, § 86 para. 5, § 87 par. 4, article 97, article 109, paragraph 1, article 113, paragraph 2 and article 114, paragraph 2.

(3) with the enforcement of the provisions of directly applicable federal law involved:



1. with regard to article 22, paragraph 2 and 3 and § 104 to § 108 of the Federal Minister for Justice;

2. with regard to article 112, paragraph 1, of the Federal Minister of finance;

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

Annex I

(§ 64 para 1 No. 2)

The company, which in article 64 para. 1 No. 2 referred to, are:



1 the BEWAG Netz GmbH for the Federal State of Burgenland, 2. the KELAG Netz GmbH for the Federal State of Carinthia, 3. the EVN Netz GmbH for the Federal State of lower Austria, 4. the Salzburg Netz GmbH for the Federal State of Salzburg, 5. the power Styria GmbH for the Federal Province of Styria, 6 the TIWAG Netz AG for the Federal State of Tyrol, 7 VKW Netz AG for the Federal Province of Vorarlberg and 8 the Vienna energy power network GmbH for the Federal Province of Vienna.

Annex II

(§ 4 Z 3 and § 71 section 1)

Cogeneration technologies within the meaning of § 4 Z 3 ElWOG



(a) gas turbine with heat recovery (combined process) b) back pressure steam turbine c) extraction condensing steam turbine d) gas turbine with heat recovery s) internal combustion engine f) microturbines g) Stirling engines h) fuel cells i) steam engines j) Rankine cycle with organic fluid k) any other technology or combination of technologies, applies the definition of § 7 par. 1 Z 36.

Appendix III

(to section 72 and section 73)

Calculation of electricity from cogeneration



The values used for calculation of electricity from cogeneration shall be determined on the basis of the actual or expected operation of the block under normal conditions of use. For micro-cogeneration units the calculation may be based on certified values.

a) the electricity from cogeneration is in the following cases with the annual total power generation of the block, measured at the terminals of the main generators, equate: i) in cogeneration units of type in accordance with annex II lit. b and d to h with an annual overall efficiency set by the regulatory authority of at least 75% and ii) in cogeneration units of type in accordance with annex II lit. a and c with an annual overall efficiency set by the regulatory authority of at least 80%.

(b) in cogeneration units with an annual overall efficiency below the in lit. a sublit. i mentioned value (cogeneration units of type in accordance with annex II lit. b and d to h or with an annual overall efficiency below the in lit. a sub-lit. ii value (cogeneration units of type in accordance with annex II lit. a and c is calculated the cogeneration using the following formula: EKWK = QKWK is C -: - EKWK the amount of electricity from cogeneration - C power indicator - QKWK the net heat production from cogeneration (to this end computed as total heat production)) , reduced by any amounts of heat produced in separate boilers or by live steam extraction from the steam generator before the turbine).

In the calculation of electricity from cogeneration, the actual current ratio is to be based. The actual power index of a cogeneration unit is not known, the following default values for blocks of the type referred to in annex II lit can in particular for statistical purposes. use a to e, provided the calculated cogeneration electricity does not exceed the total power generation of the block:



Type





Standard current measure C







Gas turbine with heat recovery (combined process)





0.95







Back-pressure steam turbine





0.45







Extraction condensing steam turbine





0.45







Gas turbine with heat recovery





0.55







Internal combustion engine





0.75





Are default values for the current code in blocks of the type referred to in annex II lit. applied f to k, are to publish them and to communicate to the European Commission.

(c) is a part of the energy content of the fuel supply to the cogeneration process in chemical form is recovered and recycled, so this content can be removed from the fuel supply, before he lit under the. a and b called overall efficiency is calculated.

(d) the current ratio can be determined as the ratio between electricity and useful heat when operating in cogeneration mode at a lower performance, and basing operating data of the corresponding block.

(e)) for the calculations according to the lit. a and b can other reporting periods a year be used as.

Appendix IV

(to § 71)

Procedures for determining the efficiency of the cogeneration process



The values used for calculation of efficiency of cogeneration and primary energy savings shall be determined on the basis of the actual or expected operation of the block under normal conditions of use.

(A) highly efficient CHP - within the framework of this directive must be "high efficiency cogeneration" following criteria:-allows the CHP generation in cogeneration units in accordance with letter. b computed primary energy savings of at least 10% compared to the reference values for separate electricity and heat generation;

-the production in CHP-small and micro, which provide primary energy savings, can be considered high-efficiency cogeneration.

(b) calculation of primary energy savings - the amount of primary energy savings by cogeneration referred to in annex III shall be calculated using the following formula:



-PEE primary energy savings.

-CHP W (heat efficiency reference value of cogeneration production defined as annual useful heat production in relation to the fuel used to produce the sum of cogeneration thermal power and cogeneration power generation.

-REF W (efficiency reference value for separate heat production.

-CHP E (electrical efficiency of CHP, defined as annual CHP power in relation to the fuel used to produce the sum of cogeneration thermal power and cogeneration power generation. If a cogeneration unit generates mechanical energy, so an additional value can be added the annual cogeneration power generation, corresponds to the amount of electricity that is equivalent to the amount of mechanical energy. This additional value not entitles to issue guarantees of origin in accordance with section 72.

-REF E (efficiency reference value for separate electricity production.

(c) calculations of energy savings using alternative calculation methods under article 12 para 2 of Directive 2004/8/EC.

-Are the primary energy savings for a process in accordance with article 12 para 2 of Directive 2004/8/EC is calculated, they are in accordance with the formula under lit. to calculate, with b of this annex "CHP W (" through "W (" and "CHP E (by E (" replaced. "") "") "

-W (referred to the heat efficiency of the process, defined as the annual heat generation in relation to the fuel used to produce the sum of heat production and electricity generation.

-E (referred to the electrical efficiency of the process, defined as the annual electricity production in relation to the fuel which was used for the sum of heat and electricity. If a cogeneration unit generates mechanical energy, so an additional value can be added the annual cogeneration power generation, corresponds to the amount of electricity that is equivalent to the amount of mechanical energy. This additional value not entitles to exhibit proof of origin in accordance with article 72.

d) for the calculation to the lit. other reporting periods a year be used as can b and c.

(e) for the CHP, the calculation of primary energy savings may be based on certified data.

(f) efficiency reference values for separate production of electricity and heat.

On the basis of the principles for defining the efficiency reference values for separate production of electricity and heat referred to in § 71 and the formula under lit. b of this annex is to determine who is to be replaced by CHP the operating efficiency of the separate production of electricity and heat.

The efficiency reference values are calculated according to following principles: 1 the comparison of cogeneration units in accordance with article 3 with separate power generation equipment applies the principle that the same categories of primary energy sources are compared.

2. each cogeneration unit will be compared with the best, in the year of construction of this cogeneration unit on the market available and economically justifiable technology for separate production of heat and electricity.

3. the efficiency reference values for cogeneration units that are more than ten years old, are set on the basis of reference values of blocks that are ten years old.

4. the efficiency reference values for separate production of heat and electricity should reflect the climatic differences between the Member States.

Article 2

Federal Act on the regulator in the power and gas sectors (Energy Control Act E-ControlG)

Constitutional provision

§ 1 (1) (constitutional provision) the enactment, repeal, and the enforcement of rules, as they are included in this federal law, are also the concerns of Federal thing, for which the B-VG determines otherwise. The matters governed by this federal law can be obtained immediately from the facilities provided for in this regulation.

(2) by this federal law will be implemented:



1.

Directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, OJ No. L 211 of August 14, 2009 p. 55, and 2. the directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, OJ No. L 211 of August 14, 2009 p. 94.

Establishment of the regulatory authority

§ 2 (1) to the care of the regulatory tasks in the field of electricity and natural gas industries establishes a public law institution under the name of "Energy-control Austria for the regulation of electricity and natural gas industries (E-control)" with legal personality.

(2) Office this is Vienna. Its scope extends to the entire Federal territory. She is entitled to bear the coat of arms. It is a company in the sense of the corporate code – UGB, dRGBl. S 219/1897, and shall be recorded in the register of companies at the commercial court in Vienna.

Definitions

§ 3. The purpose of this federal law:



1. "Agency" by Regulation (EC) No. 713/2009 of the European Parliament and of the Council establishing an agency for the cooperation of energy regulators, OJ No. L 211 of August 14, 2009 page 1, established Agency for the cooperation of energy regulators;

2, "Regulation (EC) No. 713/2009" Regulation (EC) No. 713/2009 of the European Parliament and of the Council establishing an agency for the cooperation of energy regulators, OJ No. L 211 of August 14, 2009 page 1;

3. "Regulation (EC) No. 714/2009" Regulation (EC) No. 714/2009 of the European Parliament and of the Council on access conditions to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003, OJ No. L 211 of August 14, 2009 p. 15;

4. "Regulation (EC) No. 715/2009" Regulation (EC) No. 715/2009 of the European Parliament and of the Council on conditions for access to the natural gas transmission networks and repealing Regulation (EC) no 1775/2005, OJ No. L 211/36 by August 14, 2009 p. 36;

5. "Directive 2009/72/EC" directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, OJ No. L 211 of August 14, 2009 p. 55;

6 "Directive 2009/73/EC" directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, OJ No. L 211 of August 14, 2009 p. 94.

General objectives

§ 4. When carrying out the regulatory tasks, E-control in the framework of its powers and responsibilities, where appropriate in cooperation with other relevant national authorities, in particular, the competition authorities, and without prejudice to their competencies, as well as without prejudice to the competence of the Federal Ministry for economy, family and youth in top energy policy issues shall take all reasonable measures to achieve the following objectives:



1. to promote - in close cooperation with the Agency, regulatory authorities of the Member States and the European Commission, of a competitive, secure and environmentally sustainable electricity and gas market in the community and effective opening up of the market for all customers and suppliers in the community, as well as ensuring the appropriate conditions so that electricity and gas networks, taking into account the long-term goals effectively and reliably be operated;

2. development of competitive and functioning regional markets within the community to the achievement of the objectives referred to in subpara 1;

3. lifting of existing restrictions of electricity and natural gas trade between Member States, including the development of appropriate cross border transmission capacities in terms of satisfying the demand and promoting the integration of national markets to facilitate the electricity and natural gas flows within the community;

4. contributions to the possible cost-effective achievement of the targeted improvement of consumer-oriented, secure, reliable and efficient non-discriminatory systems as well as promotion of the adequacy of the systems and, in accordance with the General objectives of energy policy, energy efficiency, as well as the integration of electricity and gas from renewable energy sources and distributed generation in the small and large scale both in transmission or transmission grids and distribution networks;

5. facilitate the connection of new generation and recovery systems to the network, in particular by removing obstacles that could prevent the access of new market entrants and the supply of electricity or natural gas produced from renewable energy sources

6 ensure that transmission system operators and network users in the short term how long term appropriate incentives, ensuring efficiencies in network performance and foster market integration;

7. measures that cause that customers take advantage of the efficient functioning of the domestic market, promoting effective competition and contributions to ensure of consumer protection;

8. contributions to the achievement of high standards in providing the basic services and the fulfilment of public service obligations in the area of electricity and natural gas supply, to the protection of vulnerable customers, and in the interest of the compatibility of data exchange procedures for switching by customers.

Organs

E-control organs are § 5 (1):



1. the Management Board, 2 the regulatory Commission, 3. the Supervisory Board.

(2) the E-control organs and their members involved except for the matters of paragraph 4 in the exercise of their duties to any instructions and act independently of market interests. In particular, they may perform no functions that endanger their independence. Members of the Federal Government, a provincial government, a general representative body or the European Parliament may not belong to the institutions of the E-control.

(3) the Federal Minister for economy, family and youth has the right at any time to inform about all objects of management and task completion. All organs of the E-control have immediately and requested to answer in writing all these questions to the Federal Ministry of economy, family and youth.

(4) that in the ÖSG, power steering law, KWK law, § 69 ElWOG, Federal Law Gazette I no. 143/1998, as amended by Federal Law Gazette I no. 112/2008, § 92 ElWOG 2010 and § 59 MLA of the tasks assigned to E-control of the E-control under the direction and concerned according to the instructions of the Federal Ministry of economy, family and youth.

Board of Directors

The Board of Directors of E-control consists of section 6 (1) two members.

(2) the members of the Executive Board are appointed by the Federal Minister of economy, family and youth; the unique re-appointment is permissible. The term of Office shall be five years.

(3) the members of the Management Board must be experts in the field of energy which have the right to vote to the National Council. Can be appointed to the Board of Directors, who



1 personally and professionally is suitable to the exercise of the Office, has completed studying law, economics or technical 2. and 3. has at least five-year experience in the field of energy.

(4) the Board may exercise no more activity for the duration of its function, that to carry out its tasks is it disabled or suitable, to draw his full impartiality in doubt, or endangers other essential interests of its function; This applies specifically to the section 4 incompatibility Act 1983, BGBl. No. 330/1983, circumscribed activities.

(5) before ordering the Federal Minister for Economic Affairs, has to have a tender family and youth; the staffing Law 1998, Federal Law Gazette I no. is 26/1998, to apply. With the appointed management board the Supervisory Board completes for the E-control the service contract.

(6) (constitutional provision), prior of the order by the Federal Minister held a hearing in the competent Committee of the National Council.

Tasks of the Executive Board

7. (1) the Board manages the service operation and conducts the business of E-control. He is responsible tasks entrusted to the care of all the E-control, not deadline associated with the regulatory Commission or the Supervisory Board. The Board of Directors represents the E-control outside.

(2) the Board shall adopt its rules of procedure. In the rules of procedure, precaution shall be taken that the tasks of the E-control in legitimate, functional, economic and economical manner are concerned. In the rules of procedure is to regulate the conditions under which is the Board of Directors may be represented without prejudice to its own responsibility by officials of the E-control in particular. The rules of procedure shall be published on the homepage of the E-control.

(3) the Board shall make all necessary organisational arrangements to allow the institutions of E-control the performance of their duties.


(4) the Executive Board informs the Supervisory Board regularly informed on developments in the energy markets, the practice areas and business of E-control, as well as significant deviations from the budget. Extraordinary events the Board promptly reported the Chairman of the Supervisory Board.

Functional life of the Board

8. (1) the function of a member of the Board of the E-control ends



1. at the end of the term, 2. with the completion of the function after discussion and consultation with the Supervisory Board, 3 with the dismissal by the the Federal Ministry of economy, family and youth in accordance with paragraph 3.

(2) the completion of the function as a member of the Management Board is the Supervisory Board and the Federal Minister of economy in writing to disclose the family and youth. The Federal Minister of economy, family and youth prompted the appointment of a new Member of the Management Board.

(3) the Federal Minister of economy, family and youth has a member of the Board for good cause to dismiss, if



1. Subsequently, an ordering requirement was omitted or is lapsed, occurs 2 continuous inability to exercise the function, or if the Board of Directors as a result of illness, accident or an illness for more than half a year from the service is absent or 3. a verdict by a domestic court on one or more offences committed with intent to imprisonment exists when exceed the imposed imprisonment a year comes out, , or exceeds the not conditionally provided for imprisonment of six months.

Legal protection

§ 9 (1) decisions of the Executive Board of the E-control, unless it is notices pursuant to par. 2, matters of section 5 para 4 and administrative penal cases, are not the repeal or amendment in the administrative way.

(2) appeals against decisions of the Executive Board of the E-control in matters of determining the cost base pursuant to § 48 para 1 ElWOG 2010 decides the E-Control Commission. The Board has Regulatory Commission experts to provide, either directly or indirectly involved in the decisions of the Executive Board pursuant to § 48 para 1 ElWOG 2010. In the exercise of their activity for the regulatory Commission experts is subject to any directions of the Board and acting independently. The General Administrative Procedure Act 1991 - AVG, Federal Law Gazette is no. 51/1991, to apply mutatis mutandis; the provisions of § 7 AVG also apply to these experts, in particular § 7 par. 1 Z 4 AVG.

(3) the Federal Minister will decide appeals against decisions of the Executive Board of the E-control in matters of Affairs concerned under the direction and according to the instructions of the Federal Ministry of economy, family and youth (§ 5 ABS. 4) for economy, family and youth.

(4) decisions of the E-Control Commission are subject to not repeal or amendment in the administrative way. Complaint to the administrative court may be brought against all decisions of the E-Control Commission.

(5) the E-control can raise complaints about law as laid down by the administrative court against decisions of the independent Administrative Tribunal, which have an official act of E-control to the subject.

Regulatory Commission

10. (1) the E-Control Commission consists of five members appointed by the Federal Government. A member of the Commission has to belong to the judiciary. In his order, the Federal Government on a three-way proposal of the President of the Supreme has Court carefully to take. The appointment of the other members is made on a proposal from the Federal Minister of economy, family and youth. This caution is to take that technical, the other members on legal or economic knowledge have at least one member. The term of Office of the members of the regulatory Commission is five years. Unique re-appointment is permissible.

(2) the Federal Government appointed a replacement member for each Member. Replacement member enrolls in absence of the Member in whose place.

(3) as a member of the E-Control Commission may only be ordered if you have the right to vote to the National Council.

(4) a member of the Commission may exercise no more activity for the duration of its function, that to carry out its tasks is it disabled or suitable, to draw his full impartiality in doubt, or endangers other essential interests of its function; This applies specifically to the section 4 incompatibility Act 1983, BGBl. No. 330/1983, circumscribed activities.

(5) the function as a member of the E-Control Commission ends



1. upon expiration of the term, 2. with the completion of the function, in writing for the attention of the Federal Chancellor to inform the Federal Government 3 with the dismissal by the Federal Government pursuant to paragraph 6.

(6) the Federal Government has to dismiss the Member of the regulatory Commission of E-control for an important reason, if



1 subsequently emerges that a purchase order requirement was not given has been removed, occurs long 2nd incapable of exercising the function or if the Member concerned as a result of illness, accident or an illness for more than half a year from the service is absent or 3 a is convicted by a domestic court of one or more offences committed with intent to imprisonment, , if the imposed imprisonment a year exceeds, or exceeds not conditionally seen after six months imprisonment.

(7) paragraph 1, 3, 4, 5 and 6 are to apply by analogy to alternate members.

(8) a member retires prematurely, the replacement member is member of the regulatory Commission. For the period up to the expiry of the term of Office of the resigning Member, para 1, 2 and 3 under application is immediately appointed a new substitute member.

(9) the members of the regulatory Commission are entitled to reimbursement of reasonable travel and out-of-pocket expenses, as well as on an attendance that to assess which of the regulatory Commission as a body of E-control to besorgenden tasks is from the Federal Ministry of economy, family and youth in agreement with the Federal Minister of finance by regulation, taking into consideration the importance and the scope of.

(10) in the scope of their activities for the Commission, the staff of E-control is bound by the instructions of the Chairman or of a Member referred to in the rules of procedure.

Functioning of the Regulation Commission

§ 11 (1) the judicial member shall preside in the regulatory Commission.

(2) the Commission shall act by a simple majority of the votes; Abstention is not permitted.

The regulatory Commission's tasks

Section 12 (1) (constitutional provision) the E-Control Commission is responsible for the administrative decision of the following tasks:



1. determining whether the establishment, extension or change a natural gas line system with the aim of paragraph 3 is incompatible GWG or the operator it is prevented from, to fulfil the obligations imposed on him pursuant to section 4 (section 47, paragraph 3 MLA);

2. the prohibition of the application of conditions for the electricity and gas sector, which apply to end users and that against a legal ban on or against morality, in particular due to a declaration pursuant to article 80 ElWOG 2010 and violate § 40 MLA;

3. the decisions on refusal of network access in the proceedings pursuant to § 21 para 2 ElWOG 2010;

4. the settlement of disputes in accordance with section 22 ElWOG 2010;

5. the settlement of disputes on matters of § 30 para 3 Z 2 ElWOG 2010;

6. the granting of licences to engage in activity as a transmission system operator and a distribution system operator (§ 13 MLA) revocation pursuant to § 38a MLA;

7. the findings pursuant to § 39a para 3 MLA;

8. the issuing of notices pursuant to § 31 para 2 and 4 h MLA;

9. the measures to security of natural gas supply (section 38e MLA);

10. the approval of the terms and conditions of the rule zone leader (§ 12 h AMLA) and the distribution companies (§ 26 GWG), General conditions for cross-border transport of the transmission system operators or transport right holders (article 31 g MLA);

11. the decisions on refusal of network access in the proceedings pursuant to section 19 para 4 GWG.

12. the settlement of disputes in accordance with § 21 MLA;

13. the settlement of disputes in matters of § 39 para 4 GWG.

14. the determination, whether with regard to a State the conditions for the application of the network refusal offence in accordance with article 19, paragraph 1 Z 4 GWG exist;

15. the decision on the exception from the obligation to grant network access pursuant to section 20 para 4 GWG.

(2) (constitutional provision) the E-Control Commission has jurisdiction in the following matters to the issuing of regulations:



1. the determination of charges for the use of system regulation according to § 51 ElWOG 2010, section 23 c MLA;

2. the issuing of regulations referred to in article 12f MLA;

3. the issuing of regulations pursuant to § 39a para 2 MLA;

4. the issuing of regulations according to § 20 paragraph 6 GWG.

5. the establishment of fixed prices in accordance with Section 23e MLA with regulation;

6. the issuing of regulations made pursuant to article 31 paragraph 5 h MLA;

7.

the issuing of regulations amending the assets contained in the MLA.

(3) the Commission has to issue the notice period of two months from the submission of the Z 3 to 5 and Z 11 to 15 in the cases of paragraph 1. This period can be extended by two months, if the authority requests additional information. A further extension is allowed with the consent of all parties involved in the procedure. Performance, injunctive relief or prohibition-oriented decisions are an execution title in the sense of § 1 of the execution order, RGBl. No. 79/1896.

(4) (constitutional provision) the party who is not satisfied are Nos. 4, 5 and 12 decisions referred to in paragraph 1, the item within four weeks after receipt of the notification the competent court can bring. With the final decision of the Court the decision of the regulatory Commission override occurs. The decision on a request for approval of reinstatement against the expiry of the appeal period is for the Court; the request for re-establishment is directly in court.

Supervisory Board

The Supervisory Board consists of section 13 (1) the Chairman, Deputy of Chairman and two other members. The members are from the Federal Government on the proposal of the Federal Ministry of economy, family and youth to order. Only persons who are personally and professionally and have special knowledge of economic, business, technological or economic and consumption-duck health and experiences in the field of energy may be ordered to members of the Supervisory Board. Article 110 of the labour Constitution Act, Federal Law Gazette No. 22/1974, is to apply mutatis mutandis.

(2) the duration of the term of Office of the members of the Supervisory Board shall be five years; the re-appointment is permissible.

(3) a member of the Supervisory Board may exercise no more activity for the duration of its function, that to carry out its tasks is it disabled or suitable, to draw his full impartiality in doubt, or endangers other essential interests of its function; This applies specifically to the section 4 incompatibility Act 1983, BGBl. No. 330/1983, circumscribed activities.

(4) the function of a member of the Supervisory Board ends:



1. at the end of the term, 2. through completion of the function, 3. by dismissal in accordance with paragraph 5.

In the case of the Nos. 2 and 3, a new Member is immediately for the duration of the remaining term of the resigning Member to order.

(5) the Federal Government has members of the Supervisory Board on the proposal of the Federal Minister for Economic Affairs, dismissing family and youth, when



1. a prerequisite for the order falls away, 2. subsequently emerges that a condition of the order was not given, 3. occurs continued inability to exercise the function or 4 is a conviction by a domestic court because of one or more offences committed with intent to imprisonment when exceeding the imposed imprisonment a year, or exceeds the not conditionally provided for imprisonment of six months.

Functioning of the Supervisory Council

14. (1) the Supervisory Board has to its rules of procedure.

(2) the Chairman of the Supervisory Board (Deputy) has, stating the order of the day at least once in each calendar quarter as well as an important occasion to convene a meeting of the supervisory board without delay. The meeting must be held within two weeks of being convened.

(3) each Member of the Supervisory Board and the Board of Directors may request the immediate convocation of the Board an important occasion.

(4) the Supervisory Board is quorate if at least three members, including the Chairman or the Deputy Chairman, are present. The Supervisory Board takes decisions with a simple majority. Equality of votes decides the voice of the Presidency run ends; Abstention is not permitted.

(5) of the meetings of the Supervisory Board, a protocol is to lead. This is the Presidency leader to sign; detailed arrangements are to meet in the rules of procedure of the Supervisory Board.

(6) circular resolutions are allowed only as long as no member of the Supervisory Board. Circular resolutions may be passed only with the majority of votes of all members; Abstention is not permitted. Circular resolutions are to put in writing by the Chairperson (Deputy); on the outcome of the voting, report to refund is at the next meeting of the Supervisory Board.

(7) equitable remuneration from funds of the E-control, the amount of which by the Federal Minister of economy that set family and youth is to the members of the Supervisory Board.

Tasks of the Supervisory Board

The Supervisory Board monitored § 15 (1) the management of E-control.

(2) the tasks of the Executive Board of the E-control may not be transferred to the Supervisory Board. Require the approval of the Supervisory Board:



1. the biennial budget to be drawn up by the Executive Board for two consecutive fiscal years;

2. investments which exceed EUR 150 000, are approved not by the respective investment planning and do not lead to a budget variance;

3. investments that lead to a budget variance;

4. the acquisition, disposal and encumbrance of real estate;

5. the annual accounts to be drawn up by the Executive Board;

6. the rules of procedure, according to section 7 para 2 and changes thereto;

7. the conclusion of service contracts with executives as well as the termination of the service and the establishment of principles for the granting of bonuses and pension benefits to senior executives;

8. the inclusion of bonds, loans and loans which exceed a certain amount of to be determined by the Supervisory Board in detail and overall in a fiscal year;

9. the annual plan for public relations.

(3) the Supervisory Board appoints the auditor and relieves the members of the Board in connection with the approval of the annual accounts (article 32).

Tasks of the Supervisory Board with regard to the Board of Directors

Section 16 (1) one reason according to § 8 section 3 is known to the Supervisory Board, he shall immediately inform the Federal Ministry of economy, family and youth, if not to proceed pursuant to par. 2.

(2) a member of the Executive Board violated provisions of this Federal Act, a federal law transferred pursuant to § 21 of the E-control to the execution or of the rules of procedure, so the Supervisory Board asks in writing the Member of the Management Board, without delay to establish the rightful State.

Management control

§ 17. The E-control management is subject to review by the Court of Auditors.

Parliamentary control

§ 18. The relevant committees of the National Council and the Federal Council can require the presence of a Board member or the entire Board of E-control in the committees and question them about all items of the Executive Board.

Regulatory Advisory Board

Section 19 (1) to provide advice on matters which are to understand by the regulatory authority, an Advisory Committee is set up with the regulatory authority.

(2) the Advisory Board in particular responsibility for:



1. the discussion of system usage fees to be determined and the underlying cost base, the harmonisation of policies for the operators of transmission and distribution networks, in particular in terms of the best possible handling of network access in the Austrian economic region, as well as the interests of consumer protection;

2. the assessment of other regulations, 2010 issued by the regulatory authority on the basis of this Federal Act, the MLA and the ElWOG.

(3) the Advisory Board have to belong to in addition to the Chairman:



1. two representatives of the federal ministries for economy, family and youth, for agriculture and forestry, environment and water management and labour, Social Affairs and consumer protection;

2. a representative of the Federal Ministry of finance;

3. a representative of the Austrian Federal Economic Chamber, the Chamber of Agriculture of Austria, the Federal Chamber of labour and the Austrian Trade Union Confederation;

4. one representative of industrial association and of the Association for consumer information, as well as 5. two representatives of the Federal States.

For each Member, order a replacement member.

(4) the Board of the regulator has to hold the Presidency. Appointed representatives of the competent Federal Ministers in para 3 Z are 1 and 2 listed federal ministries and all other members on the proposal of sending bodies of the Executive Board of the regulatory authority.

(5) the members of the Advisory Board, as well as the alternate members are, if not permanent representatives, to commit to the conscientious fulfilment of their obligations by the Chairman of the Advisory Committee and subject to in their pursuit of official secrecy. The activity of the members of the Advisory Board is a volunteer.


(6) the Executive Committee has to adopt rules of procedure for the regulatory Advisory Committee, which is mainly to decide of the regulatory Advisory Committee. In the rules of procedure is to regulate the conditions under which a decision of the Advisory Board and as the draft of the regulatory Advisory Committee is in particular. The regulatory authority does not fulfil a recommendation taken by majority vote of the regulatory Advisory Committee, this is to give reasons in writing by the regulatory authority to the regulatory Advisory Committee.

(7) members of the regulatory Commission, the Management Board, as well as officials dealing directly with to Advisory topics of the regulatory authority shall be entitled to participate in the meetings of the regulatory board without voting rights. Other experts may be invited to attend after majority consent of the Advisory Board.

Energy Advisory Board

Section 20 (1) to advise the Federal Minister of economy, family and youth and the E-control in General and fundamental matters of energy policy, as well as in matters of policy and of the eco-electricity set up an Energy Advisory Committee.

(2) the Advisory Board are especially in the sense of paragraph 1:



1. the advice concerning the granting of funding through investment subsidies according to ÖSG, heat - and cold line expansion law and KWK law;

2. the review of regulations issued by the Federal Ministry of economy, family and youth on the basis of this Federal Act, the ElWOG 2010, the ÖSG, the CHP Act and the MLA.

(3) the Advisory Board have to belong to in addition to the Chairman:



1. two representatives of the federal ministries for economy, family and youth, as well as for agriculture and forestry, environment and water management;

2. a representative of the federal ministries of finance and of labour, Social Affairs and consumer protection;

3. a representative of each federal State and one representative of the Austrian League of towns, of the Austrian Association of municipalities and the Federation 4. each representative of the Austrian Federal Economic Chamber, the Chamber of Agriculture of Austria, the Federal Chamber of labour and the Austrian Trade Union Confederation.

For each Member, order a replacement member.

(4) the Chairman is the representative in para 3 Z are 1 and 2 listed ministries of the competent Federal Ministers of the Federal Ministers for economy, family and youth, and all other members shall be appointed on a proposal of sending bodies of the Federal Ministers for economy, family and youth. In the case of disability, the Chairman is represented by a member of the Advisory Board of the Ministry of economy, family and youth.

(5) members of the Advisory Board, as well as the alternate members are, if not permanent representatives, to commit to the conscientious fulfilment of their obligations by the Chairman of the Advisory Committee and subject to in their pursuit of official secrecy. The activity of the members of the Advisory Board is a volunteer.

(6) for the Energy Advisory Board rules of procedure is to be issued, which is mainly to decide of the Energy Advisory Board. In the rules of procedure is in particular to regulate the conditions under which a decision of the Advisory Board and as the convening of the Energy Advisory Board takes place. In particular, it is in the rules of procedure provide that resolutions by circular resolutions may be passed.

(7) the Board of Directors, as well as directly to Advisory topics involved officials of the regulatory authority are entitled to participate in the meetings of the Energy Advisory Board without voting rights. Other experts may be invited to attend after majority consent of the Advisory Board.

(8) in the case of the deliberations concerning the granting of funding through investment subsidies according to ÖSG, heat - and cold line expansion law and KWK-law referred to in paragraph 2, no. 1 has to join the Advisory Board also each a representative of the parliamentary clubs represented in the main Committee of the National Council. On these representatives para 3 to 5 mutatis mutandis apply.

Tasks of the regulatory authority

Section 21 (1) (constitutional provision) the E-control is responsible for the performance of the tasks which you are transferred by this federal law and in particular the following laws, regulations based on it, as well as EU law:



1. Federal law newly regulates the Organization in the field of electricity (electricity industry and Organization Act 2010 - ElWOG 2010), Federal Law Gazette I no. 143/1998;

2. Federal law, which regulates the exercise conditions, the tasks and the powers of clearinghouses for transactions and pricing for the balancing energy, Federal Law Gazette I no. 121/2000;

3. Federal law, with the new regulations in the sphere of the natural gas industry be adopted (gas Act - MLA), Federal Law Gazette I no. 121/2000;

4. Federal Act on control measures for the security of energy supply (power steering Law 1982), Federal Law Gazette No. 545/1982;

5. Federal law, with the adopted new regulations in the field of electricity generation from renewable energy sources and in the area of combined heat and power (eco-electricity Act - ÖSG), Federal Law Gazette I no. 149/2002;

6 federal law, with the provisions in the area of combined heat and power be newly adopted (CHP Act), Federal Law Gazette I no. 111/2008;

7 Regulation (EC) No. 713/2009 and the guidelines adopted on the basis of this regulation;

8 Regulation (EC) No. 714/2009 and the guidelines adopted on the basis of this regulation;

9 Regulation (EC) No. 715/2009 and the guidelines adopted on the basis of this regulation;

10 guidelines on the basis of Directive 2009/72/EC;

11 guidelines on the basis of Directive 2009/73/EC.

(2) the E-control makes investigations and refund advice and opinions on the market and competition in the electricity and natural gas sectors.

(3) the E-control takes the regulators by the Federal law against cartels and other restrictions on competition (antitrust law 2005 - cartel 2005), Federal Law Gazette I no. 61/2005, granted application and opinion on rights it.

(4) in the context of subjects covered by the laws referred to in paragraph 1, the E-control as well as the members of their staff as independent experts in judicial and administrative proceedings can be consulted. E-control is to pay a reasonable fee for this activity.

(5) in proceedings for the granting of exemptions for new infrastructure (section 20a MLA or article 17 of Regulation (EC) No. 714/2009), if the Agency does not have jurisdiction, as well as in proceedings according to § 34-§ 35 ElWOG 2010 has the E-control of Commission to submit draft reasoned decision with all important information.

(6) the E-control to comply with all relevant legally binding decisions of the Agency and the European Commission and performs it.

Framework conditions

section 22. In the course of completing their regulatory tasks, the E-control has



1. in cooperation with market participants to create market regulations and to publish in a suitable manner, 2. in collaboration with the operators of power grids to develop technical and organizational rules for operators and users of networks and to make these available, 3. electricity or natural gas price comparison for consumers to create and publish (tariff calculator), 4 to take those precautions that are necessary and contribute to the further development of the European energy market to comply with the directly applicable provisions of the European Union , 5 in an appropriate manner to publish General information about their activities, 6 as a central information point consumers about their rights, the applicable law and dispute resolution procedures, which are in case of disputes available constantly to inform, to provide compatibility on a regional level, of all relevant for market processes data exchange procedures, in cooperation with market participants, to make sure, 8th annual recommendations to match energy prices with article 3 of the directives 2009/72/EC and 2009/73/EC 7.

Regulatory regime for pan-European regional and cross-border aspects

23. (1) the E-control works with on the further development of the European energy market, including the regional markets. You shall consult the regulatory authorities of other Member States and the Agency, cooperates closely with them and the Member States and submitted them all for the fulfillment of their duties in accordance with the directives 2009/72/EC and 2009/73/EC, as well as the regulations 713/2009, 714/2009, and 715 / 2009 required information. In respect of the information exchanged, the E-control on the same level of confidentiality is bound as the originating authority.

(2) in particular the following tasks to be E-control, thus ensuring the creation of a competitive single market for electricity and natural gas, as well as a high degree of security of supply:



1. promote of the coherence of legislation, of the regulatory framework and the technical framework;

2. creation and promotion of uniform rules which enable an optimal management of the network and the efficient allocation of limited transmission capacity - if necessary with the involvement of electricity or gas markets -;

3. creating the conditions for adequate interconnection capacities within and between regions;

4.

Promotion of cooperation of the transmission system operator or transmission system.

5. the development of all network codes for the affected transmission and transmission system operators and other market participants to coordinate regionally and nationally and the elaboration of rules on congestion management to coordinate 6 in order to achieve a uniform definition.

(3) the measures referred to in paragraph 2 shall be performed as appropriate in consultation with other relevant national authorities and without prejudice to their own responsibilities.

(4) the E-control cooperates with regulatory authorities of other Member States.

(5) the Board may send staff of E-control for education or training purposes, for their further business use to a regulatory authority of another Member State of the European Union, to the agency or to the European Commission or national experts.

Monitoring and supervisory function

Section 24 (1) of the E-control are assigned to electricity or natural gas supervisory in the frame, without prejudice to the responsibilities of the general competition authorities, following regulatory and monitoring tasks:



1 monitor compliance with all the market participants by the ElWOG 2010, MLA, the Federal law, which regulates the exercise conditions, the tasks and the powers of clearinghouses for transactions and pricing for the balancing energy, Federal Law Gazette I no. 121/2000, and the regulations adopted on the basis of this Act, as well as obligations transferred by directly applicable EU law;

2. competition supervision of market participants, in particular operators, with regard to equal treatment;

3. monitoring of unbundling.

(2) in the performance of their duties in accordance with paragraph 1 E-control decision can apply the manufacture of the lawful condition within an appropriate period. E-control works with stakeholders at every stage of the process to an agreement.

Special monitoring and supervisory functions in relation to transmission system or transmission system operator

Section 25 (1) of the E-control are assigned in the area of unbundling of the transmission system or a transmission operator also following supervisory and monitoring tasks:



1. If in accordance with § 25 2010 an independent system operator has been named ElWOG: a. monitoring of communication and of the contractual relations between the independent system operator and the owner of the transmission or the transmission system, to ensure that the independent system operator with its obligations;

b. approval of the contracts between the independent system operator and the owner of the transmission or the transmission system, if the contracts 2010 contradict not section 25 to section 27 ElWOG.

2. If in accordance with § 28 ElWOG 2010 an independent transmission system operator or transmission system operators 2010 was named ElWOG according to § 33: a. review of correspondence between the vertically integrated electricity or natural gas undertakings and transmission or transmission system operators, to ensure that these comply with its obligations;

b. monitor of the business and financial relations, including loans, as well as approval of the relevant agreements between the vertically integrated electricity or natural gas undertakings and transmission or transmission system operators;

c. transfer of the tasks of the independent transmission system operator or independent transmission system operator or transmission system operators in accordance with § 33 ElWOG 2010 on a designated independent system operator in accordance with § 25 ElWOG 2010, if the independent transmission system operator or independent transmission system operator reviewed against section 28 to § 32 ElWOG 2010 violates.

(2) the cartel court if this is necessary for the obtaining of information from business documents to arrange a house search at the request of the E-control in the presence of the reasonable grounds to suspect of a contravention of the unbundling rules under § 24-§ 35 ElWOG 2010.

(3) the search warrant should be arranged by the Senate Chairman in the process except dispute resolution. Only the remedy of appeal available against the decision; This has no suspensive effect. With the execution of the search warrant, the E-control is to instruct the the House search warrant holders of the companies and their representatives with legal persons and part of incorporated partnerships the persons appointed by law or the statutes to represent immediately or to deliver it within twenty-four hours.

(4) section 121 paragraph 2 StPO, BGBl. No. 631/1975, shall apply mutatis mutandis. The power comes to during house search the E-control,



1 business documents, regardless of the form in which they are available to view, and to check or by an appropriate expert check, and check to make and make copies and extracts of documents;

2. on-site to request all information necessary for the implementation of investigative measures.

(5) immediately search warrant arranged on the basis of paragraph 1 before a is one in which the search should be performed to ask about the conditions of the search warrant, unless it would jeopardize the success of discovery because of the imminent danger. The owner of business documents will not allow their search or inspection during the aforementioned house search, these documents on appropriate manner against unauthorized access or modification to secure and the cartel are to submit; previously, they may be not be searched or viewed. The cartel has to sift the documents and to decide whether and to what extent can be she searched, viewed and made copies and extracts from it or them to reset the holder with the decision of the Chairman of the Senate. Against this decision, only the remedy of appeal is open. This has no suspensive effect.

(6) the organs of the public security service have to make the E-control over their request for securing the search warrant in the context of their legitimate sphere of competence help.

Settlement of disputes

Any interested party, including network users, suppliers, network operators, other electricity and gas companies or interest groups dispute or complaint cases, may submit in particular regarding arbitration of disputes between electricity and natural gas companies and market participants, disputes arising from the settlement of electricity and natural gas deliveries as well as system usage charges, E-control section 26 (1) without prejudice to the responsibility of the regulatory Commission in accordance with article 11, as well as the ordinary courts. The E-control has to make every effort, to bring about an amicable solution within six weeks. In conciliation cases, consumers in the sense of the Consumer Protection Act, Federal Law Gazette No. 140/1979, subject, it is compulsory to include the Federal Chamber of labour. The electricity and natural gas companies are obliged to participate in the dispute resolution, to provide all information necessary to assess the situation and, if necessary, to propose to the solution.

(2) the E-control may invite experts in mediation of disputes. You can find these to their headcount.

(3) is called the E-control as a conciliation body, so the payment of the amount invoiced is inserted from this point up to the settlement of disputes. Regardless of an amount which corresponds to the average of the last three invoice amounts, it is possible but also due immediately. Too much fine amounts shall be compensated with the statutory interest from date of collection.

(4) the E-control has the Federal Ministry for economy, family and youth about the pending made arbitration cases each year submit a report to the Ministry of labour, Social Affairs and consumer protection, as well as the regulatory Advisory Committee.

(5) in the context of dispute resolution, the AVG does not apply. The E-control has to create to further determine of the sequence of procedures for the settlement of disputes and to publish on the Internet.

Compliance with the guidelines

Section 27 (1) the E-control is the directive 2009/72/EC, directive 2009/73/EC, which obliges regulation 714/2009/EC and the regulation 715/2009/EC adopted guidelines to comply with. She may ask the Agency for an opinion about whether a decision taken by it in accordance with the adopted guidelines is available. The procedure depends on article 39 directive 2009/72/EC or article 43 of Directive 2009/73/EC.

(2) the E-control has two months after receipt of the revocation of the decision by the European Commission in accordance with article 39 paragraph 8 of Directive 2009/72/EC or in accordance with article 43 para 8 of Directive 2009/73/EC decision to repeal or to amend and to inform the European Commission thereof in.

(3) the E-control of considers that one is the cross-border trade related decision of other regulatory authority in accordance with the guidelines adopted pursuant to the directive 2009/72/EC or regulation 714/2009/EC is authorized, the European Commission put them in knowledge.

Reporting obligations


Section 28 (1) has the E-control to create an annual report each year and to submit these to the Federal Ministry of economy, family and youth. In this report, in particular the incurred and completed transactions, to represent the personnel development and applied financial resources are. The report is in a suitable manner to publish. The report is the Federal Minister for economic, family and youth through the Council of Ministers to present the National Council.

(2) the E-control has a year to create a market report and to transmit them the Federal Ministry of economy, family and youth, the Agency and the European Commission. The report is to set out were measures taken to achieve the objectives referred to in paragraph 4 and which results. In the context of this report is the customers also on the effectiveness of measures for the protection, to take in particular the measures for vulnerable customers, the disconnection of customers, as well as the to previous procedure and recourse to a supply of last resort, reference. The report is in a suitable manner to publish.

(3) the E-control has per year each to create a report on the results of their monitoring of the supply security in accordance with section 20i and section 20j energy steering law 31 July 1982 and to publish in a suitable manner and to submit to the European Commission. In preparing this report, the results of the network development plan and the long-term planning can (§ 12e MLA, § 37 ElWOG 2010) be used.

(4) to advise the regulatory authority in general consumer protection matters, as well as in preparation of the report referred to in paragraph 2 in relation to measures for the protection of the customers, in particular the measures for vulnerable customers, the disconnection of customers as well as the to previous procedure and the use of a supply of last resort, a task force with the regulatory authority is established. You have a.o. also representatives of the Federal Ministry for labour, Social Affairs and consumer protection, to belong to the Federal Chamber of labour and the Austrian Trade Union Confederation.

Staff

Section 29 (1) who is Board authorized to hire workers in the number required by service contract. On the employment of workers, the Federal law of May 11, 1921, on the service contract of the private employees (employees Act), Federal Law Gazette are to apply no. 292/1921, and other judicial measures in force for workers in the private sector.

(2) E-control workers as well as the experts appointed by them and other experts have them all exclusively from their official occupation known facts, whose Geheimhaltung is in the interest of the maintenance of the public peace, order and security, comprehensive national defence, external relations, in the economic interests of a public corporation, offered to prepare a decision or in the overwhelming interests of the parties , to maintain secrecy obliged towards anyone, which they have to make not an official announcement about such facts. The confinement of workers of the E-control of the obligation of secrecy incumbent on the Board; § 46 para 2, 3 and 4 of the official service regulations Act 1979, Federal Law Gazette are no. 333, to apply.

(3) the E-control is capable of collective agreement as employers for their employees.

Budget

The Board of Directors created 30. (1) every two years a budget including plan profitability, plan budgets, plan cash flows, its funding requirements, the investment plans and the personnel planning for two consecutive fiscal years. The budget is to present the supervisory board until 31 August of the year relevant for the creation of the budget. The Supervisory Board has to decide on the budget as possible until October 31 this year.

(2) the budget shall ensure a staffing and financial resources adequate for the performance of duties of the regulatory authority.

(3) the Board has to report the Supervisory Board quarterly on the compliance with the budget. Budget overruns are to be expected, the Chairman of the Supervisory Board is to inform immediately.

(4) the Supervisory Board is October 31 of governing the creation of the budget fiscal year not over the budget, the last adopted budget is increased by the increase of the network operator price index - provisionally - continued and put the statements in accordance with § 33 basis. Provisional budget ends with the approval of the budget by the Supervisory Board, but in any case, with the next June 30.

(5) the E-control has to take organisational measures to ensure a separate recording of the income and expenses of the respective activity areas (electricity or gas), as well as the tasks to be completed otherwise your in general public interest (§ 5 ABS. 4) (expenses). Costs that can be associated not directly belong to using an appropriate allocation key.

Annual financial statements

31. (1) the financial year of the E-control is the calendar year.

(2) the E-control has to prepare the annual financial statements for the past financial year in the form of the annual balance sheet and profit and loss account in accordance with the terms of paragraph 3. The provisions of the third book of the company law book - UGB, dRGBl. S 219/1897, are to apply to the annual accounts, unless otherwise provided in this Federal Act.

(3) the annual accounts is to verify by a chartered accountant or an accounting firm.

(4) the audited financial statements including statement of costs pursuant to § 30 para 5 is to present the Supervisory Council within five months after the end of the previous financial year for approval by the Executive Board. The Supervisory Board has to find that the Board can report the Federal Ministry of economy, family and youth six months after the end of the previous fiscal year on the result in time on the financial statements including statement of costs. The Board shall immediately publish the audited and approved by the Supervisory Council financial statements on the homepage of the E-control and to get an official notice with the Internet address of the E-control in the Wiener Zeitung or other available bulletin throughout the country. The financial statements are prepared to keep each until the release of the next following annual accounts on the home page of the E-control.

(5) the Supervisory Board has to decide at the end of each fiscal year on the discharge of the Executive Board.

Costs of regulation

32. (1) the E-control is entitled, to finance its tasks relating to the electricity market operators of high-voltage grids (grid level 1 pursuant to § 63 Z 1 ElWOG 2010) as well as the performance of their duties relating to the natural gas market the market area managers a financing fee in four equal amounts of part opaque the respective cost of their activity (§ 30 para 5) each at the beginning of each quarter of the fiscal year in accounting to make and prescribe individual with notice. This provision does not apply to costs for the performance of tasks in the public interest (section 5 para 4).

(2) the total amount of the finance charge is calculated according to the budget approved by the Supervisory Board. Surpluses or deficits from previous years are taken into account in the budget.

(3) the percentage of an operator of a high-voltage grid (grid level 1) or a market area manager on the total amount of the funding fee is calculated according to the ratio between the nationwide total sales to end users and sales to end users of its network and all under-mounted power levels or the networks managed by market area managers and is to prescribe by E-control decision.

(4) a reduction in the amounts can be made if lower costs than in the budget are to be expected. An increase in the amounts of the part can be done only after approval of a new budget by the Supervisory Board.

(5) the operator of high-voltage grids are entitled, the funding fee provided by E-control in Bill as costs the maximum voltage level in the ratio of total sales to end users in all each network levels subordinate to electrical work (kWh) for the the networks continue to past subordinate operators. The market area manager are entitled the funding fee provided by E-control in invoice transmission network operators in accordance with the Ordinance in accordance with GWG continue to charge. Operators of high-voltage grids, as well as the market area manager can calculate to the costs, which from the clearing, a delayed or resulting from a reduced replacement of the funding fee, their network costs in determining costs.


(6) the Federal Government contributes the E-control for the tasks to be fulfilled by her in the general public interest (§ 5 ABS. 4) per fiscal year. This contribution is deducted from the total cost of the E-control. In addition the Federal Government can contribute further costs of resources provided for this purpose in the annual federal finance law in accordance with, if this is necessary despite economic, economical and practical management of E-control to cover necessary costs of supervision.

Reserve for unforeseen burdens

33. (1) has the E-control in the budget for the covering of unforeseen burdens to form a reserve, which may be used only for unforeseen burdens.

(2) the allocation of the reserve must each fiscal year in the amount of not more than 1 vH of the total cost of the E-control on the basis of the most recently adopted annual financial statements so long and to be carried out, as the reserve as a whole has not reached a level of 3 vH of the cost identified in the last annual financial statements.

(3) the reserve is to be out in the financial statements.

Information and access rights

§ 34. E-control is authorised when fulfilling their tasks to inspect all documents by market participants, operators, storage companies, balance, and balance group coordinators and to request information about all circumstances on their activities had reference. The obligation to supply information includes in particular the ongoing announcement of data to the evidence keeping of documents, which serve the fulfillment of supervisory activities.

Administrative assistance

35. (1) all the organs of the Federation, countries and communities including the Federal competition authority and the financial supervision authority are required within the scope of their legal effect of helping to E-control.

(2) the bodies of the public security service have to make the E-control over their request to secure the supervisory powers under their legal sphere of competence help if otherwise threatens the thwarting of the measures.

Procedure

36. (1) has the E-control when performing procedures the General Administrative Procedure Act 1991 and the administrative penal code 1991, Federal Law Gazette apply no. 52/1991, unless expressly otherwise determined.

(2) the recording of evidence by an expert is required, the E-control has to consult that their supplied experts or to attract someone other than expert (§ 52 AVG).

(3) the E-control regulations are published in the Federal Law Gazette. An announcement in the Federal Law Gazette is not pertinent in the ordinary, not or not in a timely manner possible and on the basis of the scope of the regulation are the regulations in other appropriate way - in particular by radio, Internet or publication in one or more periodic media works, that publish ads published in daily newspapers - in particular.

(4) the decisions taken by the regulatory authority are to publish, while respecting the confidentiality of commercially sensitive information on the homepage of the regulatory authority.

Schedule of fees and charges accruing from the

37. (1) the E-control is exempt from the stamp - and legal fees, the Federal Administration fees and the Court and justice administration fees. It applies for purposes of the sales tax as an entrepreneur.

(2) the E-control is not municipal tax with respect to their employees.

(3) the E-control is exempt from corporate income tax.

Liability for the activities of the E-control

38. (1) is liable for the organs and damage inflicted staff of E-control in enforcement of federal laws referred to in article 21 the Federal Government under the provisions of the official liability Act - AHG, BGBl. are those directly added to legal entities, which are subject to the regulatory activity under this Federal Act No. 20/1949 damage in the sense of this provision. The E-control as well as their staff and institutions are not liable to the injured party.

(2) has the Federal Government made an injured the damage referred to in paragraph 1, so it can demand the E-control reimbursement by the bodies or employees according to the provisions of the AHG.

(3) the E-control has the Federal in the Amtshaftungs - and Radebe set procedures according to paragraphs 1 and 2 in every appropriate way to support. It has in particular all information and documents relating to the Amtshaftungs - or Radebe set procedures, to provide, as well as to ensure that the Federal Government can take the knowledge and skills of the institutions and staff of E-control on those supervisory measures in claim.

References

§ 39. As far as other federal laws is referenced in this federal law provisions, these are to apply in their respectively valid version.

Labor Constitutional Act

section 40. E-control is operating in the sense of article 34 of the labour Constitution Act Federal Law Gazette No. 22/1974, on the this law, in particular the II is part of the labour Constitution Act, to apply.

Linguistic equal treatment

section 41. As far as this federal law are personal names only in the male form, they relate to women and men in the same way. When applied to certain persons, the respective gender-specific form is to use.

Entry into force

Section 42 (1) (constitutional provision) the provisions of § 1, § 6, paragraph 6, article 12, para. 1, 2 and 4 and § 21 (1) this Federal Act enter into force March 3, 2011. At the same time the Energy Regulatory Authority Act, Federal Law Gazette I no. 121/2000, override.

(2) the other provisions of this Federal Act enter into force on March 3, 2011.

Conversion and existing contracts, fee waiver

Section 43 (1) at the end of the 2nd March 2011 the Austrian society for regulating energy-control is converted into electricity and natural gas industries limited, FN 206078 g, by way of universal succession in the institution of public law "Energy-control Austria for the regulation of electricity and natural gas industries (E-control)" and continues from there on as this.

(2) the E-control is to register by the Board until March 31, 2011 for the registration in the register of companies.

(3) the conversion is free of all deadline regulated fees, taxes and charges, leading to any correction of input VAT according to § 12 para 10 or 11 UStG 1994, BGBl. No. 663/1994.

(4) the shares of the energy control Österreichische Gesellschaft für regulation in the electricity and natural gas industries limited, FN 206078 g, perish with December 31, 2011.

Transitional provisions

§ 44. The jurisdiction to continue upon the expiry of the March 2, 2011 at the Energie-control GmbH and the Energy Control Commission proceedings goes up the energy-control Austria for the regulation of electricity and natural gas industries over.

Enforcement

§ 45. Are entrusted with the execution:



1. with regard to article 1, § 6 paragraph 6, article 12, paragraph 1, 2 and 4, article 21, paragraph 1 of article 42, paragraph 1 the Federal Government;

2. with regard to section 10 paragraph 9, and article 43 para. 3 of the Federal Minister of finance;

3. with regard to article 10, paragraph 1 second sentence of the Federal Minister for Justice;

4. with regard to the other provisions of the Federal Ministry of economy, family and youth.

Fischer

Faymann

Related Laws

2000 Energy Law