110. Federal law, which enacted the Electricity and Organization Act 2010 and the Energy Control Act

The National Council has decided:

table of contents

Article 1	The Electricity Economy and Organization Act 2010
Article 2	Energy Control Act

Article 1

Federal law which regulates the organisation in the field of the electricity industry (Electricity Economic and Organization Act 2010-ElWOG 2010)

table of contents

Part 1

Principles

§ 1. Constitutional provision

§ 2. Reference to Union law

§ 3. Scope

§ 4. Objectives

§ 5. Public service obligations

§ 6. Principles of the operation of electricity undertakings

§ 7. Definitions

Part 2

Accounting, confidentiality, access to information and views, prohibition of discrimination and cross-subsidies

§ 8. Accounting, prohibition of cross-subsidies

§ 9. Prohibition of discrimination

§ 10. Access to information and views

§ 11. Confidentiality

Part 3

Electricity generation plants and electricity supply contracts

§ 12. Authorisation and operating licence

§ 13. Electricity supply contracts for electricity from third countries

§ 14. Reporting obligation on electricity supply contracts

Part 4

The operation of networks

1. Main item

General rights and obligations of network operators

§ 15. Provision of network access

§ 16. Organization of network access

§ 17. Conditions of access to the network

§ 18. Change of network conditions

§ 19. Quality standards for network service performance

§ 20. Access to the network at insufficient capacity

§ 21. Refusal of access to the network

§ 22. Dispute settlement procedure

2. Main piece

Rule zones

§ 23. Classification of control zones

3. Main piece

Unbundling of transmission system operators

Section 1

Ownership unbundling of transmission system operators

§ 24. Requirements

Section 2

Independent System Operator (ISO)

§ 25. Requirements

§ 26. Obligations

§ 27. Independence of the transmission system owner

Section 3

Independent Transmission Operator (ITO)

§ 28. Assets, Independence, Services, likelihood of confusion

§ 29. Independence of the transmission system operator

§ 30. Independence of management and employees

§ 31. Independence of the supervisory body

§ 32. Equal treatment programme and equal treatment officer

Section 4

More effective independence of the transmission system operator

§ 33. Requirements

Section 5

Procedures with regard to transmission system operators

§ 34. Procedures for the certification and designation of transmission system operators

§ 35. Procedures for the certification of transmission system operators with respect to third countries

4. Main piece

Combined network operator

§ 36. Combined network operator

5. Main piece

Operation of transmission networks

§ 37. Network Development Plan

§ 38. Network Development Plan Approval

§ 39. Network development plan monitoring

§ 40. Obligations of operators of transmission networks

§ 41. General Terms and Conditions

6. Main piece

Operation of distribution networks

§ 42. Training requirements for distribution networks

§ 43. Right to the power supply

§ 44. Endigungstatholdings and re-establishment

§ 45. Obligations of distribution system operators

§ 46. Exceptions to the General Connection Requirement

§ 47. General conditions

Part 5

System Usage Fee

1. Main item

Procedure for setting the system use charges

§ 48. Determination of the Cost Base

§ 49. System use charges and compensation payments

§ 50. Regulatory Account

2. Main piece

De-Parts Components

§ 51. Determination of system usage charges

§ 52. Network usage fee

§ 53. Network Loss Fee

§ 54. Network entry fee

§ 55. Network Delivery Rate

§ 56. System Service Rate

§ 57. Remuneration for measurement services

§ 58. Remuneration for other services

3. Main piece

Principles of cost and quantity determination

§ 59. Cost determination

§ 60. Financing costs

§ 61. Determination of the quantity scaffold

4. Main piece

Principles of remuneration

§ 62. Payment of charges and cost-management

§ 63. Network levels

§ 64. Network Areas

Part 6

Obligations of suppliers and electricity traders

§ 65. Data exchange

Part 7

Producers

§ 66. Producers

§ 67. Call for tenders for primary control

§ 68. Provision of the funds for the provision of primary control

§ 69. Invitation to tender for secondary control

§ 70. Power supply via direct lines

8. Part

CHP plants

§ 71. Criteria for the efficiency of CHP

§ 72. Proof of origin for electricity from high-efficiency CHP

§ 73. Recognition of guarantees of origin from other countries

§ 74. Reporting

Part 9

Obligations to customers

§ 75. Network Access Permission

§ 76. Change of supplier or balance sheet group

§ 77. Supplied Last Instance

§ 78. Identification of the origin (Labeling)

§ 79. Special provisions for labelling

§ 80. General terms and conditions for the supply of electrical energy

§ 81. Minimum requirements for invoices and information and promotional material

§ 82. Disconnection and information of customers

§ 83. Smart meters

§ 84. Measurement data of intelligent measuring instruments

Part 10

Balance groups

§ 85. Summary of Network Users in Balance Sheet Groups

§ 86. Balance Group Responsible

§ 87. Tasks and duties of the accounting group responsible

11. Part

Monitoring tasks

§ 88. Monitoring tasks

12. Part

Authorities

§ 89. Authority in other matters governed by federal law directly applicable

§ 90. Power of authority in electricity affairs

Part 13

Specific organisational provisions

§ 91. National Electricity Advisory Board

§ 92. Arrangement and implementation of statistical surveys

§ 93. Automation-supported traffic

§ 94. Obligation to pass on tax cuts

§ 95. Rights of access

§ 96. Automation-supported traffic in the execution legislation

§ 97. Reporting requirements of the state governments

14. Part

Penal provisions and fines

1. Main item

General obligation of countries

§ 98. General obligation of countries

2. Main piece

Administrative transgressions

§ 99. General criminal provisions

§ 100. Withholding of tax cuts

§ 101. Operation without certification

§ 102. Price dispute

§ 103. Statute of limitations

3. Main piece

Fines

§ 104. Discrimination and other fines

§ 105. Participating companies and legal succession

§ 106. Measurement

§ 107. Statute of limitations

4. Main piece

Judicial acts of criminal law

§ 108. Revelation or recovery of data

15. Part

Transitional and final provisions

§ 109. Entry into force and repeal of federal legislation

§ 110. Entry into force of basic provisions and implementing laws

§ 111. Transitional provisions

§ 112. Transitional arrangements in connection with unbundling and network development plan

§ 113. Final provisions

§ 114. Enforcement

Part 1

Principles

Constitutional provision

§ 1. (constitutional provision) The release, cancellation and enforcement of regulations, such as those in § 2, § 3, § 8, § 9, § 11, § 19, § 22 sec. 1, § 24 bis § 36, § 37 para. 7, § 38, § 39, § 48 bis § 65, § 69, § 76, § 78, § 79, § 81 bis § 84, § 88 para. 3 to 8, § 89, § 92 bis § 94, § 99 § 109 (2), § 110 bis § 112, § 113 (1) and § 114 (1) and (3) are also included in the matters of the Federal Republic of Germany, with regard to which the B-VG determines otherwise. The matters governed by these rules may be provided directly by the federal authorities.

Reference to Union law

§ 2. Through this federal law, taking into account Regulation 2009 /713/EC establishing an Agency for the Cooperation of Energy Regulators, OJ L 327, 30.4.2009, p. No. OJ L 211, 14.08.2009 p. 1,

1.		Directive 2009 /72/EC on common rules for the internal market in electricity and repealing Directive 2003 /54/EC, OJ L 136, 30.4.2003, p. No. OJ L 211, 14.08.2009 p. 55, (internal electricity market directive),
2.		Directive 2004 /8/EC on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92 /42/EEC, OJ L 206, 22.7.2004, p. No. OJ L 52, 21.02.2004, p. 50, (cogeneration directive),
3.		Directive 2006 /32/EC on energy end-use efficiency and energy services, OJ L 206, 22.7.2006, p. No. OJ L 114, 27.04.2006 p. 64, and
4.		Directive 2008 /27/EC on the promotion of energy from renewable sources, OJ L 206, 22.7.2008, p No. OJ L 140, 05.06.2009 p. 16,
5.		the provisions of Regulation 2009 /714/EC on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation 2003 /1228/EC, OJ L 327, 30.12.2003, p. No. 15., provisions reserved for implementation by the Member States.

Scope

§ 3. This federal law is the subject of:

1.		the establishment of provisions relating to the production, transmission, distribution and supply of electricity, and the organisation of the electricity industry;
2.		the system of system use charges, as well as accounting rules, internal organisation, unbundling and transparency of the accounts of electricity undertakings;
3.		the establishment of other rights and obligations for electricity undertakings.

Objectives

§ 4. (Policy determination) The aim of this federal law is to:

1.		provide low-cost electricity to the Austrian population and economy in high quality;
2.		a market organisation for the electricity sector in accordance with the EU primary law and the principles of the internal market in electricity, in accordance with Directive 2009 /72/EC on common rules for the internal market in electricity and repealing the Directive 2003 /54/EC, No. OJ L 211, 14.08.2009 p. 55, (the Internal Electricity Market Directive);
3.		To use the potential of combined heat and power (CHP) and CHP technologies in accordance with Annex II as a means of saving energy and ensuring security of supply in a sustainable way;
4.		to increase network and security of supply and to ensure sustainable security by creating a suitable framework;
5.		to support the development of electricity production from renewable energy sources and to ensure access to the electricity grid from renewable sources;
6.		to provide compensation for public service obligations in the general interest imposed on electricity undertakings and which are based on safety, including security of supply, regularity, quality and refer to the price of the supplies and to the protection of the environment.
7.		to take into account the public interest in the supply of electrical energy, in particular from domestic, renewable resources, in the evaluation of infrastructure projects.

Public service obligations

§ 5. (Policy determination) (1) The implementing laws shall impose the following public service obligations in the general interest to the network operators:

1.		the discrimination-free treatment of all customers of a network;
2.		the conclusion of private-law contracts with network users via the connection to their network (general obligation to connect);
3.		the establishment and maintenance of a network infrastructure which is sufficient for domestic electricity supply or for the fulfilment of international obligations.

(2) The implementing laws shall impose on the electricity undertakings the following public service obligations in the general interest:

1.		the fulfilment of the obligations imposed by legislation in the public interest;
2.		participation in measures to eliminate network bottlenecks and measures to ensure security of supply.

(3) Implementing laws should have to provide that electricity undertakings have the best possible performance of the obligations imposed on them in the general interest with all the means at their disposal.

Principles of the operation of electricity undertakings

§ 6. (Policy determination) The implementing laws must provide that electricity undertakings, as customer and competitive providers of energy services, should be provided in accordance with the principles of safe, cost-effective, environmentally sound and efficient provision of energy services. of the services in demand, as well as of a competitive and competitive electricity market. These principles are to be anchored as corporate objectives.

Definitions

§ 7. (Policy determination) (1) For the purposes of this Federal Law, the term "

1.		"Agency" means the Agency for the Cooperation of Energy Regulators pursuant to Regulation 2009 /713/EC establishing an Agency for the Cooperation of Energy Regulators, OJ L 327, 28.1.2009, p. No. OJ L 211, 14.08.2009 p. 1;
2.		"connection performance" means the power contracted for network use at the transfer point;
3.		"balancing energy" means the difference between the agreed timetable value and the actual reference or actual delivery of the balance sheet group per defined period of measurement, the energy actually being recorded or calculated per measurement period; can be identified;
4.		"balance sheet group" means the summary of suppliers and customers to form a virtual group within which compensation is made between application (reference schedules, feed-in) and delivery (delivery schedules, supplies);
5.		"balance sheet group coordinator" means a natural or legal person or a registered partnership which operates a clearing house;
6.		"accounting group responsible" means a body of a balance sheet group representing the balance sheet group that is responsible to other market participants and to the balance sheet coordinator;
7.		"decentralised production system" means a production plant connected to a public medium or low-voltage distribution network (point of reference point), thus having a consumption measure or a production plant which is self-sufficient; shall serve;
8.		"direct line" means either a line connecting a single production site to a single customer, or a management line which includes an electricity producer and an electricity supply undertaking for the purpose of direct supply with its connecting its own premises, subsidiaries and eligible customers; lines within residential premises shall not be considered as direct lines;
9.		"third countries" means States which do not accede to the Agreement on the European Economic Area or are not members of the European Union;
10.		"feed-in" means a producer or an electricity undertaking supplying electricity or electricity to a network;
11.		"electricity undertaking" means a natural or legal person or a registered private company which, in profit or loss, is responsible for the functions of generation, transmission, distribution, supply or purchase of electrical energy at least one and the commercial, technical or maintenance-related tasks relating to these functions, with the exception of the final consumer;
12.		"final consumer" means a natural or legal person or a registered private company which buys electricity for its own consumption;
13.		"Energy efficiency/demand management" means a global or integrated approach to control the amount and timing of electricity consumption, which is intended to reduce primary energy consumption and reduce peak loads by investing in increasing of energy efficiency or other measures, such as interruptible supply contracts, shall be given priority over investment to increase production capacity if, taking into account the positive effects of lower energy consumption, on the environment and the related aspects of a larger Security of supply and lower distribution costs are the most effective and economic option;
14.		"borrower" means a final consumer or a network operator who takes electrical energy from a transmission or distribution system;
15.		"ENTSO for Electricity" (ENTSO for Electricity) of the European Network of Transmission System Operators for Electricity pursuant to Article 5 of Regulation 2009 /714/EEC;
16.		"renewable energy source" means a renewable non-fossil energy source (wind, sun, geothermal energy, wave and tidal energy, hydropower, biomass, landfill gas, sewage gas and biogas);
17.		"producer" means a legal or natural person or a registered civil society which produces electricity;
18.		"production" means the production of electricity;
19.		"generation from combined heat and power (CHP production)" means the sum of electricity, mechanical energy and useful heat from CHP;
20.		"generating system" means a power station or power station;
21.		"Roadmap" means the document indicating the extent to which electrical power is fed in and taken from or between balance-sheet groups in a constant time grid (measurement periods) in a constant time grid (measurement periods) as a predicted benefit average value exchanged;
22.		"functionally connected network" means a network which is connected directly or indirectly via another network or several networks in the network levels 3 to 7 to a maximum voltage network in a transformable or galvanic manner. If a network is connected to the maximum voltage network indirectly via a plurality of networks, it shall be deemed to be functionally connected to the one to which a direct transformational or galvanic connection exists. If these characteristics affect a number of networks, a network is considered to be functionally linked to that which provides a larger annual amount of energy to end users.
23.		"galvanically connected network areas" are network areas that are electrically conductively connected;
24.		"total efficiency" means the sum of the annual production of electricity, mechanical energy and useful heat in relation to the fuel used for the heat generated in cogeneration and the gross production of electricity and mechanical energy;
25.		"household customers" means customers who purchase electricity for their own consumption in the household; this does not include commercial and professional activities;
26.		"ancillary services" means all services necessary for the operation of a transmission or distribution system;
27.		"highly efficient combined heat and power" means the cogeneration which meets the criteria laid down in Annex IV;
28.		"horizontally integrated electricity undertaking" means an undertaking which carries out at least one of the functions of commercial production, transmission, distribution or supply of electricity, and which also carries out further activities outside the the electricity sector;
29.		"electricity produced in cogeneration" means electricity produced in a process which is linked to the production of useful heat and which is calculated in accordance with the method laid down in Annex III;
30.		"integrated electricity undertaking" means a vertically or horizontally integrated electricity undertaking;
31.		"intelligent measuring instrument" means a technical device that measures the actual energy consumption and usage period in a timely manner, and which has a remote-readable, bidirectional data transmission;
32.		"labelling of advertising material" means any advertising material intended for the sale of electrical energy to end users. Below:
a)			Advertising material for product sales for individual customers, such as product brochures;
b)			other standardized product print media, which are intended for sale;
c)			product advertising related to online;
33.		"Small enterprises" means undertakings within the meaning of Article 1 (1) (1) of the KSchG, which employ fewer than 50 persons, consume less than 100 000 kWh/year of electricity and have an annual turnover or an annual balance sheet total of not more than 10 million euro;
34.		"control" means rights, contracts or any other means which, individually or in combination, give the possibility of exercising a decisive influence on the activity of an undertaking, taking into account all the actual or legal circumstances; in particular by:
a)			the rights of ownership or rights of use as a whole or of parts of the assets of the undertaking;
b)			Rights or contracts which give a decisive influence on the composition, deliberations or decisions of the institutions of the undertaking;
35.		"cost rolling" means a calculatory calculation method, which is applied in order to assign to a consumer collective the costs of the connection network level at which it is directly connected and the costs of all the network levels above;
a)			"Cost-rolling on the basis of gross consideration" means a cost shift in which the costs of a network level on the network consumption of all directly and indirectly, ie. in particular also in all subordinated network levels, connected customers and feed-in. Power and energy flows between the network levels are not included;
b)			"Cost-rolling after net consideration" means a cost shift in which the allocation key for the costs to be rolled does not result from the summary network consumption in the respective and all subordinate levels, but exclusively from the use of directly connected users and feed-in and the interface to the directly subordinate network level;
36.		"combined heat and power (CHP)" means the simultaneous production of thermal energy and electrical and/or mechanical energy in a process;
37.		"force-to-heat ratio" means the ratio of CHP electricity to useful heat in the full CHP operation calculated on the basis of the operating data of the specific block;
38.		"Power Plant" means an installation designed to generate electrical energy by means of energy conversion. It may consist of several units of production and shall also include all associated auxiliary undertakings and subsidiary facilities;
39.		"powerplant park" means a group of power stations that have a common grid connection;
40.		"customers" means end users, electricity distributors and electricity undertakings purchasing electrical energy;
41.		"KWK block" means a block which can be operated in a cogeneration operation;
42.		"small cogeneration plant" means a CHP plant with a capacity not exceeding 50 kW;
43.		"small CHP plants" means cogeneration units with an installed capacity of less than 1 MW;
44.		"load profile" means a reference quantity or supply quantity of a feeder or operator, which is shown at time intervals;
45.		"supplier" means a natural or legal person or a registered private company which provides electricity to other natural or legal persons;
46.		"market rules" means the sum of all the rules, regulations and regulations on a legal or contractual basis which market participants have to comply with in the electricity market in order to enable the functioning of that market to function properly and to ensure;
47.		"market participants": balance sheet groups responsible, suppliers, electricity traders, producers, suppliers, network users, customers, end users, balance sheet group coordinators, power exchanges, transmission system operators, distribution system operators and control zone guides;
48.		"network connection" means the physical connection of the installation of a customer or generator of electrical energy with the network system;
49.		"network user" means any natural or legal person or a registered private company who feeds electricity into or from a network;
50.		"network area" means that part of a network for which the same price estimates are applied;
51.		"network operator" means operators of transmission or distribution systems with a nominal frequency of 50 Hz;
52.		"network level" means a sub-area of the network which is essentially determined by the voltage level;
53.		"network access" means the use of a network system;
54.		"network access authorized" means a natural or legal person or a registered partnership which requires access to the network, including, in particular, electricity undertakings, to the extent that this is necessary for the performance of their tasks;
55.		"network access contract" means the individual agreement between the network operator and a network operator, which regulates the network connection and the use of the network;
56.		"network access" means the first-time production of a network connection or an increase in the connection power of an existing network connection;
57.		"useful heat" means the heat generated in a cogeneration process to satisfy an economically justifiable heat or cooling requirement;
58.		"primary regulation" means an automatically effective recovery of the equilibrium between production and consumption by means of the turbine speed controllers in accordance with the static characteristic of machines in the time range up to a maximum of 30 seconds after Interference occurs;
59.		"control zone" means the smallest unit of the composite system, which is equipped and operated with a power-frequency control;
60.		"rule zone leader" means the person responsible for the performance frequency regulation in a control zone, where this function is also fulfilled by a third undertaking which has its registered office in another Member State of the European Union can be used;
61.		"reserve stream" means the electricity supplied via the electricity grid in cases where the cogeneration process is interrupted or cancelled, inter alia, by maintenance work;
62.		"secondary control" means the automatic restoration of the set-point frequency after disturbance of the equilibrium between the generated and used active power with the aid of central or decentralized control devices. The restoration of the target frequency can be in the range of several minutes;
63.		"safety" means both the security of the supply and supply of electricity and the safety of operations;
64.		"standardised load profile" means a load profile which is characterised by an appropriate procedure for a given feed or user group;
65.		"electricity trader" means a natural or legal person or a registered private company which sells electricity in the profit-and-profit sector;
66.		"system operator" means a network operator who has the technical and organisational facilities to be able to take all the necessary measures to maintain the network operation;
67.		"Tertiary regulation" means the retrieval of electrical power, which is effective in the long term, manually or automatically triggered, and which is used for support or supplementation of the secondary regulation or for the longer-term detachment of already activated secondary control power (minute reserve);
68.		"transmission" means the transport of electricity through a high-voltage and high-voltage interconnected system for the purpose of supplying final customers or distributors, but with the exception of supply;
69.		"transmission system" means a high-voltage network with a voltage level of 110 kV and above which is used for the trans-regional transport of electrical energy;
70.		"transmission system operator" means a natural or legal person or a registered partnership which is responsible for the operation, maintenance and, where necessary, the extension of the transmission system and, where appropriate, the Interconnections to other networks and for ensuring the long-term ability of the network to meet reasonable demand for the transmission of electricity is; transmission system operators are the Verbund-Austrian Power Grid AG, TIWAG-Netz AG and VKW-transmission network AG;
71.		"connecting lines" means installations which are used for the interconnection of electricity networks;
72.		"related electricity undertaking"
a)			an affiliated company within the meaning of Section 228 (3) of the Company Code (UGB),
b)			an associated company within the meaning of Section 263 (1) of the UGB (UGB) or
c)			two or more companies whose shareholders are ident;
73.		"interconnected system" means a number of transmission and distribution networks which are interconnected by one or more interconnectors;
74.		"supplier" means a natural or legal person or a registered private company which is responsible for the supply;
75.		"supply" means the sale, including the resale of electricity to customers;
76.		"distribution system operator" means a natural or legal person or a registered partnership which is responsible for the operation, maintenance and, where necessary, the expansion of the distribution system in a given area; and where appropriate, the interconnectors to other networks and for ensuring the long-term capacity of the network to meet reasonable demand for the distribution of electricity;
77.		"distribution" means the transport of electricity by means of high, medium or low-voltage distribution networks for the purpose of supplying customers, but excluding supplies;
78.		"vertically integrated electricity undertaking" means a company or a group of undertakings in which the same person is entitled to exercise direct or indirect control, the undertaking or group concerned being entitled to: the group concerned shall carry out at least one of the functions of transmission or distribution and at least one of the functions of generation of or supply of electricity;
79.		"efficiency" means the level of efficiency calculated on the basis of the lower heating value of the fuels;
80.		"efficiency reference values for separate production" means the efficiencies of an alternative separate generation of heat and electricity to be replaced by cogeneration;
81.		"economically justifiable need" means the need which does not exceed the required heat or cooling capacity and which would otherwise be covered by other energy production processes as cogeneration under market conditions;
82.		"economic priority" means the ranking of electricity sources by economic point of view;
83.		"counting point" the feed-in or Sampling point at which a quantity of electricity is recorded and registered in terms of measurement technology. A summary of several counting points is not allowed;
84.		"additional electricity" means the electricity supplied via the electricity grid in cases where the electricity demand exceeds the electrical generation of the cogeneration process.

(2) Where reference is made in this Federal Act to provisions of other federal laws or to EU law directly applicable, these provisions shall be applied in their respectively applicable version.

(3) Person-related terms do not have gender-specific meaning. They must be applied to specific persons in their respective gender-specific form.

Part 2

Accounting, confidentiality, access to information and views, prohibition of discrimination and cross-subsidies

Accounting, prohibition of cross-subsidies

§ 8. (1) Electricity undertakings shall draw up annual accounts, irrespective of their ownership and legal form, to have them verified by a statutory auditor and, in so far as they do so in accordance with the provisions of the Accounting Act shall be obliged to publish. The audit of the annual accounts also has to be related to the investigation of whether the obligation to avoid unfair cross-subsidies is complied with in accordance with paragraph 2. The drawing up, the examination and the publication of the annual accounts must be carried out in accordance with the provisions of the Accounting Act. Electricity undertakings, which are not legally obliged to publish their annual accounts, shall keep the annual accounts available to the public at the company's registered office.

(2) The network operator shall refrain from cross-subsidies. In order to avoid discrimination, cross-subsidisation and distortion of competition, electricity undertakings are therefore obliged to do so within the framework of their internal accounting

1.		own accounts in separate accounts for their
a)			Production, electricity trading and supply activities,
b)			transmission activities,
c)			distribution activities and
d)			other activities;
2.		publish the balance sheets and accounts of the individual electricity sectors, as well as their allocation rules, in accordance with paragraph 3;
3.		to publish consolidated accounts for their activities outside the electricity sector and to publish a balance sheet as well as a profit-taking account as provided for in paragraph 1.
The internal accounts shall contain a balance sheet for each activity as well as a result statement. In addition, the rules, including the depreciation rules, are to be disclosed in the internal accounting procedure, without prejudice to the rules on trade and taxation, according to which the assets and liabilities as well as the assets and liabilities of the assets and liabilities are are assigned to the accounting circuits listed separately in accordance with Z 1. Amendments to these rules shall only be permitted in exceptional cases. These amendments must be mentioned and duly justified. Revenue from the ownership of the transfer or Distribution network shall be shown separately in the accounts.

(3) In the notes to the annual accounts, transactions whose performance, remuneration or other economic advantage exceed a value of one million euros and which have been made with related electricity undertakings (Section 7 (1) (72)), are: to be listed separately. If the business item consists of several parts for which a separate transaction is concluded in each case, the value of each sub-business must be taken into account when calculating the threshold value.

Prohibition of discrimination

§ 9. Network operators shall be prohibited from treating those persons who use or intend to use their facilities or discriminate against certain categories of such persons, in particular in favour of vertically integrated electricity undertakings.

Access to information and views

§ 10. Electricity undertakings shall be obliged to provide the authorities, including the regulatory authority, at any time to inspect all documents and records relevant to the business administration, and to provide information on all the relevant documents and records, to issue the facts of the case. This obligation to accept and issue information shall not be subject to any specific circumstances, even if such documents or information are in future to be clarified or to prepare for the clarification of relevant facts. procedures to be carried out. In particular, electricity undertakings shall provide all the information which enables the Authority to assess properly. If the electricity undertaking does not comply with this obligation, the Authority may base its assessment on an estimate.

Confidentiality

§ 11. Without prejudice to legal obligations and obligations arising from Regulation (EC) No 2009 /714/EC and the acts adopted in implementation thereof, network operators shall have commercially sensitive information To keep confidential information and business and trade secrets of which they are aware in the performance of their business operations. They shall have to prevent information on their activities which may bring economic benefits from being disclosed in a discriminatory manner, in particular in favour of vertically integrated electricity undertakings.

Part 3

Production plants and electricity supply contracts

Authorisation and operating licence

§ 12. (1) (Policy determination) In any event, the implementing laws shall have the conditions for the establishment and entry into service of production plants and the conditions applicable to the preparation of preparatory works, on the basis of objective, transparent and non-discriminatory criteria in the The meaning of Articles 7 and 8 of Directive 2009 /72/EC.

(2) (Policy determination) The implementing laws may provide that distributed generation plants, plants producing electrical energy from renewable energy or waste, and installations which operate on the principle of combined heat and power, up to a certain level To be subject to a simplified procedure or to a notification obligation. In any case, installations which are subject to authorisation or display under the provisions of the trade order in 1994 shall be exempted from a requirement to make a permit.

Electricity supply contracts for electricity from third countries

§ 13. electricity supply contracts relating to the purchase of electrical energy for domestic demand from third countries,

1.		which, in order to meet their needs, also produce electrical energy in installations which are not in the state of the art, or which have a direct or indirect risk to the life or health of persons in the territory of the State, animals and plants, or
2.		which do not provide evidence of the proper disposal of the waste generated in the production of electrical energy and do not create a concept for waste generated from production in the future,
are not allowed.

Reporting obligation on electricity supply contracts

§ 14. electricity supply contracts with a period exceeding one year and a volume of more than 500 million kWh per year relating to the supply of electrical energy from the territory of the European Union to cover domestic needs; shall be notified to the regulatory authority. The regulatory authority has entered into these electricity supply contracts.

Part 4

The operation of networks

1. Main item

General rights and obligations of network operators

Provision of network access

§ 15. (Policy determination) Network operators shall be obliged by the implementing laws to grant network access authorised access to the network access to the approved general terms and conditions and to certain system usage charges.

Organization of network access

§ 16. (Policy determination) The law of execution shall provide for the right of the beneficiaries in accordance with § 15 to demand the use of the network on the basis of the general conditions approved and the system use charges determined by the regulatory authority (regulated network access system).

Conditions of access to the network

§ 17. (Policy determination) (1) The conditions for access to the system shall not be discriminatory. They must not contain abusive practices or unjustified restrictions, and do not jeopardise security of supply and the quality of services.

(2) The implementing laws shall have to provide that the network operators of a rule zone shall coordinate their general conditions on each other. For those end users who are connected to the network levels according to § 63 Z 6 and 7, which have less than 100 000 kWh of annual consumption or less than 50 kW of connection power, standardized load profiles are to be produced in any case. It is also the form of creation and adaptation (synthetically, analytically) of these standardized load profiles to be determined. Provision should be made for these standardised load profiles to be published in a suitable form. Standardised load profiles must also be provided for feed-in with less than 100 000 kWh of annual feed-in or less than 50 kW of connection power.

(3) The General Terms and Conditions shall include in particular:

1.		the rights and obligations of the contracting parties, in particular in order to comply with the other market rules;
2.		the standard load profiles assigned to each network user;
3.		the technical minimum requirements for network access;
4.		the various services to be made available by the distribution companies in the context of access to the network;
5.		the period of time within which the customer's enquiries are to be answered;
6.		the announcement of planned supply disruptions;
7.		the minimum requirements for appointment agreements with network users;
8.		the standard which must be respected in the transmission of data to market participants;
9.		the procedure and the modalities for requests for access to the network;
10.		the data to be supplied by network users;
11.		an indication of the dispute settlement procedure provided for by law;
12.		a period of not more than 14 days from the date on which the distribution undertaking has to respond to the access to the network;
13.		the basic accounting principles and the nature and form of accounting;
14.		the obligation of net access authorized persons for advance payment or security (cash security, bank guarantee, deposit of non-vinkulated savings books) at an appropriate level, to the extent that the circumstances of the individual case are to be expected, that the network user does not comply with his or her payment obligations or does not comply with time;
15.		the modalities for which the network user is obliged to pay partial payments, in which case a payment is to be offered at least ten times a year;
16.		any compensation and refund schemes in the event of non-compliance with the contractually agreed performance quality.
In the general distribution network conditions, standards and regulations of the technology (rules of technology) can also be declared binding in their respectively valid versions.

(4) The implementing laws shall have to provide that the network operators shall inform the customers of the essential contents of the General Terms and Conditions prior to the conclusion of the contract. For this purpose, an information sheet is to be handed out to the customer. The implementing laws must also ensure that the measures for the protection of customers set out in Annex I to Directive 2009 /72/EC are complied with. The general network conditions are to be followed by the customer upon request.

(5) Implementing laws have to provide that network users receive transparent information on applicable prices and tariffs, as well as on general terms and conditions.

Change of network conditions

§ 18. (Policy determination) If new General Terms and Conditions of Network are approved, the network operator shall inform the system users in a letter addressed to them personally within four weeks of the approval and shall send them to them at their request. In this letter or on the invoice, the changes to the General Terms and Conditions and the criteria to be complied with during the amendment under this Federal Act shall be reproduced in a comprehensible way. The changes shall be deemed to have been agreed upon after the end of the month following the expiry of three months.

Quality standards for network service performance

§ 19. (1) The regulatory authority shall, in addition to the tasks and obligations of the network operators as defined in this Act, have standards for network operators in relation to the safety, reliability and quality of the network users and other network users market participants to set up services and indicators to monitor compliance with the standards set out in the Regulation. Any compensation and refund schemes should be laid down in the event of non-compliance with the standards for network operators in the Regulation where compliance with the established standards is otherwise not fully guaranteed. The authorisation for a regulation must be preceded by a general evaluation procedure, in which, in particular, the network operator concerned has been given the opportunity to comment.

(2) These standards may include in particular:

1.		the safety and reliability of network operations, including the duration and frequency of supply interruptions;
2.		Time limits for the production of connections to the network and the taking of repairs or repairs. the announcement of supply disruptions;
3.		Deadlines for responding to requests for the provision of network service;
4.		Complaint management;
5.		the measures to be observed concerning the voltage quality.

(3) The standards to be laid down in the Regulation for network operators shall be included in their General Terms and Conditions in so far as they relate to the rights and obligations of the network operator with regard to the network access beneficiaries.

(4) The network operators shall submit and publish annually to the regulatory authority the measures set out in the Regulation.

Access to the network at insufficient capacity

§ 20. (Policy determination) If the existing management capacity is not sufficient to comply with all applications for the use of a system, the implementing laws shall provide that, without prejudice to the obligation to comply with the provisions of Regulation 2009 /714/EC , as well as the guidelines issued on the basis of this Regulation, priority shall be given to transport services for customers with electrical energy from renewable energy sources and CHP plants.

Refusal of access to the network

§ 21. (1) (Policy determination) The implementing laws shall provide that network access authorised persons may be refused access to the network for the following reasons:

1.		extraordinary network states (incidents);
2.		lack of network capacity;
3.		if the network access for electricity supplies is rejected for a customer who is not considered to be a eligible customer in the system from which the supply is to be made or is to be made;
4.		if otherwise electricity from district heating-oriented, environmentally and resource-conserving, and technically-economically sensible CHP plants or from plants for the use of renewable energies would be displaced in spite of the arrival at current market prices, where possibilities for the sale of this electrical energy to third parties are to be used.
The refusal shall be justified on the basis of the right of access to the network.

(2) (constitutional provision) The regulatory authority shall, at the request of the person claiming to have been infringed by denial of the access to the network in its right to grant access to the network, have been infringed within one month to determine whether the Conditions for the refusal of a network access pursuant to paragraph 1 are available. The network operator shall have the existence of the refusals (para. 1). The regulatory authority shall, in any position of the procedure, seek to reach an amicable agreement between network access authorised and network operators.

(3) (Policy determination) Whereas it is necessary to provide for the laws of execution to apply to the assessment of the right of access to the network those provisions applicable in that country in which the person who makes an application in accordance with paragraph 2 of this Article shall have his seat; (main residence). With regard to the assessment of the grounds for refusal of access to the network, the implementing laws must provide for the application of that legislation which is applicable to the seat of the network operator who refused access to the network.

Dispute settlement procedure

§ 22. (1) In disputes between network operators and network operators on the legality of the refusal of access to the network, the regulatory authority shall decide, unless the Cartel Court has jurisdiction in accordance with the Antitrust Act 2005.

(2) In all other disputes between

1.		Network operators and network operators on the obligations arising from this relationship;
2.		the independent network operator in accordance with § 25 and the owner of the transmission system in accordance with § 27,
3.		the vertically integrated electricity undertaking and the transmission system operator pursuant to § 28
4.		as well as in matters concerning the settlement of the balancing energy
the courts decide. A lawsuit filed by a network access entitled pursuant to Z 1 and a lawsuit pursuant to Z 2 to 4 may not be filed within the time limit provided for in Section 12 (4) E-ControlG only after notification of the decision of the regulatory authority in the dispute settlement procedure. . In the event that a procedure in accordance with Z 1 is pending with the regulatory authority, no legal proceedings may be brought before the latter's conclusion on the same subject.

(3) Without prejudice to the provision of paragraph 2, a claim may not be brought before the regulatory authority's decision on the legality of the refusal of the access to the network for claims based on refusal of access to the network , if such a decision constitutes a preliminary question for the judicial procedure, it shall be interrupted until the legal force of the decision of the regulatory authority.

2. Main piece

Rule zones

Classification of control zones

§ 23. (1) (Policy determination) The implementing laws shall have to be provided for the area covered by the transmission networks operated by the Verbund-Austrian Power Grid AG, TIWAG-Netz AG and VKW-Transmission Network AG, in each case forming a control zone. . The Verbund-Austrian Power Grid AG, the TIWAG-Netz AG and the VKW-transmission network AG or their legal successor are named as rule zone guides. The summary of rule zones in the form of a joint operation by a rule zone guide shall be permitted.

(2) (Policy determination) The implementing laws shall impose the following obligations on the control zone guide:

1.		the provision of system service (performance-frequency control) in accordance with the technical rules, such as the ENTSO for Electricity (ENTSO for Electricity), where this service can be provided by third parties;
2.		the handling of the timetable with other control zones;
3.		the organisation and use of the control energy in accordance with the bending curve;
4.		measurements of electrical quantities at the interfaces of its electricity network and transmission of the data to the balance sheet group coordinator and other network operators;
5.		the identification of bottlenecks in transmission networks and the implementation of measures to prevent, eliminate and overcome bottlenecks in transmission networks, as well as the maintenance of security of supply. Where necessary for the elimination of the network, the control zone guides shall, in coordination with the operators of distribution systems concerned, conclude contracts with producers under which they shall be entitled to benefit (increase or restriction of production, (a) change in the availability of production facilities) against the replacement of the economic disadvantages and costs caused by these services, where production facilities in which renewable energy sources are used are shall be the priority and shall ensure that, in the case of instructions, Operators of cogeneration plants will not endanger the safety of the district heating system. In determining the system usage fees, the control zone guides shall be recognised as having the expenses incurred by them from the performance of these obligations;
6.		the call-up of production facilities for the application of control energy;
7.		the implementation of a delimitation of regular energy to balance energy according to transparent and objective criteria;
8.		ensure the physical balance between the provision and the needs in the system to be covered by them;
9.		carry out the settlement of the balancing energy via a clearing house authorized to carry out this activity, and make the data necessary for carrying out the settlement available to the accounting officer and to the balance-sheet group responsible, where, in particular, the cost of control energy and power and the count values required for the calculation of the timetable deviations and the deviation from the load profile of each balance group are to be transmitted;
10.		the creation of a load forecast for the detection of bottlenecks;
11.		conclude contracts for the exchange of data with other network operators, the accounting group coordinators and the balance sheet group coordinators and other market participants, in accordance with market rules;
12.		the appointment of the balancing group coordinator and its notification to the Authority;
13.		the publication of the primary control performance and the secondary control performance in respect of the duration and the amount, as well as the results of the tendering procedure in accordance with § 67, as well as in accordance with § 69;
14.		to design and operate the systems of data transmission and evaluation for data of generation plants, transmitted at the same time, in accordance with section 66 (3), in such a way that the transfer of this information to third parties is to be excluded;
15.		to draw up an equal treatment programme to ensure that the obligations of Z 14 are met;
16.		to cooperate with the Agency and the regulatory authority in order to ensure the compatibility of the regional regulatory frameworks and thus the creation of a single market in competition for electricity;
17.		to have one or more integrated systems, covering one or more Member States, for the purposes of capacity allocation and the verification of network security at regional level;
18.		Coordinate regional and national calculations of cross-border capacities and their allocation in accordance with the provisions of Regulation 2009 /714/EC;
19.		-measures to ensure market transparency to be coordinated across borders;
20.		-to harmonize the exchange of energy products;
21.		in cooperation with other regulatory zone leaders, a regional assessment or the forecast of security of supply;
22.		to carry out regional operational planning and to use coordinated network safety systems, in cooperation with other regulatory zone leaders, in exchange of the necessary data;
23.		the presentation of the congestion management rules, including the allocation of capacity in cross-border lines, and any modification of those rules for approval to the regulatory authority;
24.		to obtain offers for control energy and to create a retrieval order as a default for rule zone guides;
25.		to take special measures if there are no offers for regulating energy.

(3) (Policy determination) The implementing laws must provide for the exclusion from the activities of a balance sheet group coordinator of undertakings which are subject to the decisive influence of undertakings or a group of undertakings which have at least one of the Perform functions of the commercial generation, transmission, distribution or supply of electricity. In addition, it should be made clear that:

1.		the balance group coordinator is able to carry out the tasks assigned to him in accordance with paragraphs 4 and 5 in a safe and cost-effective manner; at any rate, a cost-effective approach to the tasks shall be assumed when the determination of the tasks of the group coordinator is to be carried out at the level of the cost base for the clearing house shall be the basis for the procedures and principles to be applied for the determination of the system-use charges;
2.		the persons holding a qualifying holding in the balance sheet group coordinator, who, in the interests of sound and prudent management of the undertaking, meet the requirements to be met;
3.		in the case of none of the board members of the balance sheet group coordinator, there is no reason for exclusion within the meaning of Section 13 (1) to (6) of the WCO 1994;
4.		the Board of Management of the balance group coordinator is technically suitable for the purpose of its pre-formation and has the necessary properties and experience for the company's operations. The professional competence of a board of directors requires that it has sufficient theoretical and practical knowledge in the accounting of balancing energy and management experience; the professional competence for the management of a board of directors is subject to the following: the accounting authority shall be accepted if at least three years of managerial activity in the field of tarification or accounting is demonstrated;
5.		at least one board is at the centre of its life interests in Austria;
6.		No Board of Management exercises another main occupation outside the balance group coordinator, which is likely to cause conflicts of interest;
7.		the head office and the head office of the balance sheet group coordinator are located in the country and the balance group coordinator has a set of functions corresponding to its tasks;
8.		the settlement system at its disposal meets the requirements of a timely billing system;
9.		the neutrality, independence and confidentiality of data are guaranteed to market participants.

(4) (Policy determination) The implementing laws must include the following activities to be carried out by the balance group coordinator:

1.		the allocation of identification numbers of the balance sheet groups;
2.		the provision of interfaces in the field of information technology;
3.		the management of roadmaps between balance sheet groups;
4.		the acquisition of the measurement data transmitted by the network operators in a given form, their evaluation and transfer to the relevant market participants and other accounting groups responsible in accordance with the provisions contained in the contracts;
5.		the taking over of the schedules of the accounting group responsible and the transfer to the market participants concerned (other accounting groups responsible) in accordance with the provisions set out in the contracts;
6.		the creditworthiness test of the accounting group responsible;
7.		cooperation in the elaboration and adaptation of regulations in the area of customer change, settlement and settlement;
8.		the accounting and organisational measures in the event of the dissolution of balance sheet groups;
9.		the division and allocation of the difference resulting from the use of standardised load profiles to the market participants connected to the network of a network operator, in accordance with transparent criteria, in accordance with the measurement values;
10.		the clearing of the clearing fees to the balance sheet groups responsible;
11.		the calculation and allocation of balancing energy;
12.		conclusion of contracts
a)			with balance sheet group managers, other regulatory zone leaders, network operators and power suppliers (producers and distributors);
b)			with facilities for the purpose of data exchange for the creation of an index;
c)			with electricity exchanges on the transfer of data;
d)			with suppliers (producers and electricity traders) on the transfer of data.

(5) (Policy determination) In the context of the calculation and allocation of the balancing energy, the balance group coordinator-unless special arrangements are made under the terms of Section 113 (2)-are in any case subject to

1.		the difference between timetables for measurement data and the calculation, assignment and calculation of balancing energy;
2.		determine the prices for balancing energy in accordance with the procedure described in § 10 of the German Settlement Act Act and to publish it in an appropriate form;
3.		calculate the charges for balancing energy and communicate to the balance-group responsible and regulatory zone leaders;
4.		to record, archive and publish the standardised load profiles used;
5.		To provide market participants with information on the measures necessary to ensure a transparent and non-discriminatory and liquid regulatory energy market as far as possible. These include, in any case, a current presentation of the offers for control energy and power (unintentional exchange, primary, secondary, and tertiary regulation) or similar market instruments as well as a current presentation of the retrieved products. Offers.

(6) (Policy determination) The implementing laws should have to provide that the rule zone leaders have to indicate the designation of the agency's balance sheet coordinator. If the activity of a control zone guide extends over several countries, the designation must be displayed to all national governments in contact with the area of influence of the country. If the conditions to be provided in accordance with paragraph 3 are not available, the Authority shall be informed of this. Before making a decision, the Authority shall establish with those State Governments the agreement in whose sphere of action the control zone is situated.

(7) (Policy determination) If no notice of determination is issued within six months of notification pursuant to paragraph 6, and within that period no national government shall submit an application in accordance with Article 15 (7) B-VG, the implementing laws shall have to provide that the person appointed shall be entitled to carry out the activities of a balance group coordinator. The implementing laws must provide that the authority to carry out an activity of a balance group coordinator shall be recognised if the conditions laid down in paragraph 3 are no longer available. The procedure provided for in the last sentence of paragraph 6 shall apply.

(8) (Policy determination) In those cases where:

1.		there is no indication of a balance-group coordinator in accordance with paragraph 6, or
2.		the authority has issued a notice of arrest in accordance with paragraph 6, or
3.		the eligibility for the performance of the activity of a balance group coordinator has been recognised;
, the Authority shall, on its own account, select an appropriate person, taking into account the conditions of exercise specified in paragraph 3, and undertake to provisionally take over the tasks of a balance-group coordinator. The Authority shall be responsible for establishing the agreement with the State Governments in whose sphere of action the control zone shall extend. The Authority shall be notified of this decision as soon as a suitable balance group coordinator is appointed by the control zone guide. Before this decision is lifted, the Authority shall establish with those State Governments the agreement in whose sphere of action the control zone shall extend.

(9) (constitutional provision) Where network bottlenecks occur in the transmission system of the control zone and the producers ' services are required to eliminate them, and a contractual agreement has not been reached in accordance with paragraph 2 (2) (5), producers shall, on the order of the control zone guide, in coordination with the operators of distribution systems concerned, to provide services (increase or restriction of production, change in the availability of production facilities). The procedure for determining the appropriate remuneration for such services shall be laid down in a regulation of the regulatory authority, the basis of which shall be the economic disadvantages and costs of the producers who are caused by those benefits, are to be used. It shall also be ensured that priority should be given to the supply of electricity on the basis of renewable energy sources and that the safety of district heating is not provided for instructions to operators of CHP plants. is at risk. Paragraph 2 (2) (5), last sentence shall apply mutaly

3. Main piece

Unbundling of transmission system operators

Section 1

Ownership unbundling of transmission system operators

Requirements

§ 24. (1) The transmission system operator shall be the owner of the transmission system.

(2) One and the same person shall not be entitled to:

1.		to exercise, directly or indirectly, control of an undertaking performing any of the functions of production or supply and, directly or indirectly, to exercise control over a transmission system operator or to exercise rights in respect of a transmission system operator to carry out transmission system operators;
2.		to exercise, directly or indirectly, the control of a transmission system operator and, directly or indirectly, to exercise control over an undertaking performing any of the functions of production or supply, or to exercise rights in a company which: to perform any of these functions;
3.		to appoint members of the supervisory board or the bodies of a transmission system operator appointed to represent the legal representation and, directly or indirectly, to exercise control over a company which has one of the functions of production or supply , or to exercise rights in an undertaking performing any of these functions;
4.		Member of the Supervisory Board or of the bodies appointed to represent the legal representation of both a company which performs one of the functions of generation or supply and a transmission system operator or a transmission system.

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

1.		the power to exercise voting rights;
2.		the power to appoint members of the Supervisory Board or the bodies appointed to represent the legal representation;
3.		the holding of a majority shareholding.

(4) The obligation laid down in paragraph 1 shall be deemed to be fulfilled if two or more undertakings which own transmission networks are set up by a joint venture which, in two or more Member States, is the transmission system operator for the relevant transmission system transmission networks. No other company may be part of the joint venture, unless it has been authorised as an independent network operator in accordance with § 25 or as an independent transmission system operator in accordance with Section 28.

(5) Where the person referred to in paragraph 2 is the Member State or another public body, two separate public-law bodies shall apply, which shall, on the one hand, control a transmission system operator and, on the other hand, shall be subject to the following conditions: on the other hand, through an undertaking performing one of the functions of generation or supply, not as one person and the same person.

(6) Subsection 2 Z 1 and 2 also includes natural gas undertakings within the meaning of § 6 Z 13 of the Gas Economic Act 2010.

(7) Personnel and commercially sensitive information which has been provided by a transmission system operator which was part of a vertically integrated electricity undertaking may not be passed on to undertakings producing one of the functions or supply. § 11 shall remain unaffected.

Section 2

Independent System Operator (ISO)

Requirements

§ 25. (1) In cases where the transmission system has been owned by a vertically integrated electricity company on 3 September 2009, it is not possible to apply ownership unbundling in accordance with Section 24, and instead to designate an independent network operator on a proposal from the owner of the transmission system.

(2) The independent network operator shall provide the following evidence:

1.		It is in accordance with Section 24 (2);
2.		it has the necessary financial, technical, human and material resources;
3.		it commits itself to implement a network development plan monitored by the regulatory authority;
4.		it must be able to comply with its obligations under Regulation 2009 /714/EC, including 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 comply with its obligations pursuant to section 26 (2). To this end, all agreements, in particular with the independent network operator, shall be submitted to the regulatory authority.

Obligations

§ 26. (1) Each independent network operator shall be responsible for the granting and regulation of third party access, including the collection of access charges and the taking of bottlenecks and payments under the compensation mechanism between Transmission system operators, in accordance with Article 13 of Regulation 2009 /714/EC, for the operation, maintenance and development of the transmission system and for ensuring the long-term ability of the network, by means of investment planning, to meet reasonable demand This is the case. In the development of the transmission system, the independent network operator is responsible for planning (including approval procedures), construction and commissioning of the new infrastructure. To this end, the independent network operator shall act as a transmission system operator in accordance with the relevant provisions. The transmission system owner shall not be responsible for the granting and regulation of third party access or of investment planning.

(2) The owner of the transmission system shall be obliged to:

1.		It shall cooperate to the extent necessary with the independent network operator and shall assist it in the performance of its tasks, in particular by providing all relevant information;
2.		It shall finance the investments decided by the independent network operator and approved by the regulatory authority, or grant its consent to the financing by another interested party, including the independent network operator. The relevant financing agreements shall be subject to approval by the regulatory authority. Prior to its approval, the regulatory authority shall consult the owner of the transmission system and the other interested parties;
3.		ensure that the liability risks relating to the net assets are secured, with the exception of those liability risks relating to the tasks of the independent network operator;
4.		establishes the guarantees necessary to facilitate the financing of any network expansion, with the exception of those investments in which it is financed by an interested party, in accordance with Z 2, including the independent network operator, has agreed.

Independence of the transmission system owner

§ 27. (1) The transmission system owner, which is part of a vertically integrated electricity undertaking, must, at least in terms of its legal form, organisation and decision-making authority, be independent of any other activities which are not covered by the Transmission.

(2) The independence of a transmission system owner shall be ensured on the basis of the following criteria:

1.		in a vertically integrated electricity undertaking, the persons responsible for the management of the transmission system owner may not include in-company facilities of the vertically integrated electricity undertaking which are directly or indirectly connected to the electricity undertaking; are indirectly responsible for the day-to-day operation in the fields of electricity generation, distribution and supply;
2.		appropriate measures must be taken to ensure that the professional interests of the persons responsible for the management of the transmission system owner are taken into account in such a way as to ensure that they are capable of acting as a function of their action;
3.		the owner of the transmission system shall establish a compliance programme indicating the measures taken to exclude discriminatory behaviour and shall ensure sufficient monitoring of compliance with this programme. The equal treatment programme shall specify the specific responsibilities of the staff in achieving these objectives. Each year, the person or body responsible for monitoring the compliance programme (the Equal Treatment Officer) shall submit a report to the regulatory authority on the measures taken, which shall be published. With regard to the protection of dismissal and dismissal, the Equal Treatment Officer is a security professional for the duration of his/her order, if he is an employee of the transmission system operator (§ 73 para. 1 of the Workers ' Protection Act).

Section 3

Independent Transmission Operator (ITO)

Assets, Independence, Services, likelihood of confusion

§ 28. (1) In cases where the transmission network has been owned by a vertically integrated electricity undertaking on 3 September 2009, there is a possibility of not applying the ownership unbundling in accordance with Section 24; and to appoint an independent transmission system operator instead.

(2) The independent transmission system operator shall have all the human, technical, material and financial resources necessary for the performance of its obligations and for the operation of the transmission system. Without prejudice to the decisions of the Board of Supervisors, appropriate financial resources shall be allocated to the independent transmission system operator for future investment projects and for the replacement of existing assets, subject to appropriate requirements. to provide the independent transmission system operator in good time with the vertically integrated electricity undertaking. In particular, the following shall be required for the business operation of the transmission system:

1.		The independent transmission system operator shall be the owner of the transmission network and of the assets. The operation of foreign power plant lines is permitted.
2.		Staff must be employed by the independent transmission system operator. The independent transmission system operator must, in particular, have its own legal department, bookkeeping and its own IT services.
3.		The provision of services, including personnel leasing, by the vertically integrated electricity undertaking for the independent transmission system operator shall be prohibited. An independent transmission system operator may provide services, including personnel leasing, for the vertically integrated electricity undertaking, provided that it is not discriminated against between users who provide services to all users be accessible under the same terms and conditions and shall not restrict, distort or prevent competition in production and supply.

3. subsidiaries of the vertically integrated electricity undertaking performing the functions of generation or supply shall not directly or indirectly hold shares in the undertaking of the independent transmission system operator. The independent transmission system operator shall not directly or indirectly hold any shares in subsidiaries of the vertically integrated electricity undertaking performing the functions of generation or supply and shall not be subject to any dividends or dividends; or receive other financial contributions from these subsidiaries. The entire administrative structure and the corporate statutes of the independent transmission system operator shall ensure its effective independence. The vertically integrated electricity undertaking shall be entitled to take account of the competitive behaviour of the independent transmission system operator in relation to its ongoing operations and the management of the network, or in relation to the activities necessary to establish the Do not directly or indirectly influence the network development plan according to § 37.

(4) The independent transmission system operator must ensure, in its entire external presence and communication activities and in its trademark policy, that there is a confusion with the identity of the vertically integrated Electricity company or any part thereof is excluded. The independent transmission system operator may therefore use only signs, figures, names, letters, numbers, forms and arrangements that are suitable for the transmission system operator's activity or service from those of the vertical in integrated electricity undertakings.

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

(6) The independent transmission system operator shall ensure that it does not, in relation to IT systems or equipment and access control systems, with the same consultants and external contractors such as the vertically integrated electricity undertaking is working together.

(7) The accounts of independent transmission system operators shall be audited by auditors other than those carrying out the audit in the vertically integrated electricity undertaking or in its parts of the undertaking. To the extent necessary for the issuance of the consolidated confirmation note in the context of the full consolidation of the vertically integrated electricity undertaking or other important reasons, the auditor of the vertically integrated Electricity undertaking shall inspect parts of the books of the independent transmission system operator, unless the regulatory authority objects to it for reasons relating to the maintenance of independence. The important reasons shall be notified in advance in writing to the regulatory authority. In this respect, the auditor has the obligation to treat commercially sensitive information confidentially and, in particular, not to communicate to the vertically integrated electricity company.

(8) The activities of the independent transmission system operator shall include, in addition to the tasks set out in § 40, at least the following activities:

1.		the representation of the independent transmission system operator and the role of the third party contact person and the regulatory authorities;
2.		the representation of the independent transmission system operator within the ENTSO (electricity);
3.		the granting and regulation of third party access in accordance with the principle of non-discrimination between network users or categories of network users;
4.		the collection of all transmission network charges, including access charges, compensatory charges for ancillary services such as the acquisition of benefits (compensation costs, energy consumption for losses);
5.		the operation, maintenance and development of a secure, efficient and economic transmission system;
6.		investment planning in order to ensure the long-term ability of the network to meet reasonable demand and security of supply;
7.		the creation of appropriate joint ventures, including with one or more transmission system operators, electricity exchanges and other relevant actors, with the aim of promoting the creation of regional markets or the process of liberalisation .

(9) The independent transmission system operator shall be subject to the legal forms referred to in Article 1 of Directive 68 /151/EEC, as amended by Directive 2006 /99/EC.

Independence of the transmission system operator

§ 29. Without prejudice to the decisions of the Board of Supervisors, the independent transmission system operator shall be effective in relation to the assets or resources required for the operation, maintenance and development of the transmission system. decision-making powers which it exercises independently of the vertically integrated electricity undertaking and which has the power to raise money on the capital market, in particular by taking up loans or capital increase.

(2) The independent transmission system operator shall ensure that it has the resources it needs at all times to carry out the transmission system business in an orderly and efficient way and in order to provide a powerful, secure and economic To establish and maintain transmission networks.

(3) For the commercial and financial relations between the vertically integrated electricity undertaking and the independent transmission system operator, including the granting of credit by the independent transmission system operator, the vertically integrated electricity undertaking shall be subject to normal market conditions. The independent transmission system operator shall keep detailed records of these commercial and financial relations and shall make them available to the regulatory authority on request. It shall also submit to the regulatory authority all commercial and financial arrangements with the vertically integrated electricity undertaking for approval. The regulatory authority shall, in the presence of normal market conditions and non-discriminatory conditions, authorise it within four weeks. Upon expiry of this period, the consent shall be deemed to have been granted

(4) The independent transmission system operator shall notify the regulatory authority of the financial resources referred to in Article 28 (2), which shall be available to it for future investment projects or for the replacement of existing assets and resources.

(5) The vertically integrated electricity undertaking shall refrain from any action which would impede or endanger the fulfilment of the obligations of the independent transmission system operator and shall require the independent transmission system operator not to seek the agreement of the vertically integrated electricity undertaking in the performance of these obligations.

Independence of management and employees

§ 30. (1) People in the management of the company must be professionally independent. In particular, the following shall apply:

1.		They shall not, in the case of other parts of the vertically integrated electricity undertaking or in the case of its majority share owners, either directly or indirectly hold professional positions or carry out professional tasks or interests, or Maintain business relationships with them.
2.		They may not, in the last three years before placing an order in the vertically integrated electricity undertaking, one of its parts or in the case of other majority investors other than the independent transmission system operator, either directly or indirectly: have indirect professional positions or have experienced professional tasks or business relationships with them. This deadline is for orders to be applied after 3 March 2012.
3.		They may, after termination of the contractual relationship with the independent transmission system operator, for at least four years in the case of other parts of the vertically integrated electricity undertaking other than the independent transmission system operator or whose majority share owners do not hold professional positions or carry out professional tasks or have an interest or business relationship with them.
4.		They shall not directly or indirectly participate in any part of the vertically integrated electricity undertaking or receive any financial contribution from the vertically integrated electricity undertaking. Their remuneration shall not be subject to the activities or operating results of the vertically integrated electricity undertaking, in so far as they do not concern the independent transmission system operator.

(2) The independent transmission system operator shall immediately have all the names and conditions relating to function, contract period and termination as well as the reasons for the order or termination of the contract of persons of the company management. of the regulatory authority.

(3) The regulatory authority may raise objections with regard to persons of the company management by means of a decision of its own motion or at the request of a person of the management or of the equal treatment officer within three weeks,

1.		where there are doubts as to the professional independence referred to in paragraph 1 of the present order, the conditions of employment, including remuneration, or
2.		if there are doubts about the entitlement of an early termination of the contract. An early termination of the contract is unlawful if the premature termination of the contract is due to circumstances which are not in accordance with the requirements concerning independence from the vertically integrated electricity company are confessed. An action of a person of the management may not be brought before the decision of the regulatory authority in the dispute settlement proceedings pursuant to Section 12 (4) E-ControlG or after the decision-making period of the regulatory authority has expired. .

(4) (1) (2) shall apply to the majority of the persons of the management of the independent transmission system operator. The persons of the management of the independent transmission system operator, for which paragraph 1 (1) (2) does not apply, shall not be permitted to carry out a management activity in the case of the vertically integrated electricity undertaking over the last six months prior to their appointment; or other relevant activities have been carried out.

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

(6) (1), (1), (3), (4) and (3) (2) shall apply equally to persons directly subordinated to the management of the network in the areas of operation, maintenance and development of the network.

Independence of the supervisory body

§ 31. (1) The task of the supervisory body of the independent transmission system operator shall be to take decisions which have a significant impact on the value of the assets of the shareholders in the independent transmission system operator, in particular: decisions relating to the approval of annual and long-term financial plans, the level of indebtedness of the independent transmission system operator and the amount of dividends to be paid to the shareholders. Decisions relating to the appointment, re-appointment, conditions of employment, including remuneration and termination of the contract of the persons of the management of the independent transmission system operator, shall be taken by the Board of Supervisors of the Transmission system operator shall be made, unless otherwise specified by other legal provisions. The Board of Supervisors shall not have any decision-making power in relation to the ongoing operations of the independent transmission system operator and the management of the network and in relation to the activities necessary to draw up the network development plan in accordance with § 37.

(2) Section 30 (1) to (3) shall apply to half of the members of the Board of Supervisors, less a member of the Supervisory Board. Employees ' representatives within the meaning of the Labour Constitution Act in the Board of Supervisors of the parent company of the transmission system operator are among those members of the supervisory body of the transmission system operator which are subject to the conditions set out in § 30 paragraph 1 to 3 for half of the members of the supervisory body minus a member.

Equal treatment programme and equal treatment officer

§ 32. (1) The independent transmission system operators shall establish a compliance programme which shall indicate what measures are taken to exclude discriminatory behaviour. The equal treatment programme shall specify the specific obligations of the staff to achieve these objectives. The programme shall be subject to approval by the regulatory authority. Compliance with the programme shall be controlled by an equal treatment officer.

(2) The Equal Treatment Officer shall be appointed by the Board of Supervisors, subject to confirmation by the regulatory authority. The regulatory authority may refuse to confirm the appointment of the equal treatment officer for reasons of lack of independence or lack of professional competence. The Equal Treatment Officer may be a natural or legal person or a registered personal company. Section 30 (1) to (3) shall apply equally to the Equal Treatment Officer.

(3) The tasks of the Equal Treatment Officer are:

1.		continuous monitoring of the implementation of the equal treatment programme;
2.		the preparation of an annual report setting out the measures for the implementation of the equal treatment programme and the transmission thereof to the regulatory authority;
3.		reporting to the Board of Supervisors and making recommendations on the equal treatment programme and its implementation;
4.		information to the regulatory authority on significant infringements in the implementation of the compliance programme;
5.		Reporting to the regulatory authority on commercial and financial relations between the vertically integrated electricity undertaking and the transmission system operator.

(4) The Equal Treatment Officer shall forward the proposed decisions on the investment plan or on individual investments in the network to the regulatory authority. This shall be done at the latest when the management of the independent transmission system operator sends these documents to the Board of Supervisors.

(5) The vertically integrated electricity undertaking shall, at the general meeting or by a vote of the members of the supervisory body appointed by it, prevent the adoption of a decision, which shall result in a network investment which shall be subject to the following conditions: If a network development plan is to be implemented in the following three years, it shall be prevented or delayed, the Equal Treatment Officer shall report this to the regulatory authority, which shall then act in accordance with Article 39.

(6) The rules on the mandate and the conditions of employment of the Equal Treatment Officer, including the duration of his mandate, shall be subject to authorisation by the regulatory authority. These arrangements must ensure the independence of the equal treatment officer and ensure that he has the resources necessary to carry out his duties. During the term of office of a vertically integrated electricity undertaking or its majority share owners, the equal treatment officer shall not directly or indirectly hold professional positions, or carry out professional tasks or have a relationship with them.

(7) The equal treatment officer shall report regularly orally or in writing to the regulatory authority and shall be entitled to report regularly orally or in writing to the supervisory body of the transmission system operator.

(8) The equal treatment officer shall be entitled to attend all meetings of the management of the independent transmission system operator and of the supervisory body and of the general meeting, respectively. The General Assembly. The Equal Treatment Officer shall attend all the meetings dealing with the following questions:

1.		Network access conditions in accordance with Regulation (EC) No 2009 /714/EC, in particular tariffs, third party access, capacity allocation and congestion management, transparency, compensation and secondary markets;
2.		projects relating to the operation, maintenance and development of the transmission system, including investments in new transport links, capacity expansion and the optimisation of existing capacity;
3.		Sale or purchase of energy for the operation of the transmission system.

(9) The Equal Treatment Officer shall monitor compliance with § 8 by the independent transmission system operator.

(10) The Equal Treatment Officer shall have access to all relevant data and to the business premises of the independent transmission system operator, as well as to all the information it requires to carry out his duties. The Equal Treatment Officer shall have access to the business premises of the independent transmission system operator without prior notice.

(11) The Board of Supervisors may, after prior approval by the regulatory authority, discontinue the appointment of the Equal Treatment Officer. A dismise shall also be made on the basis of a modest request from the regulatory authority for reasons of lack of independence or lack of professional competence.

(12) With regard to the protection of dismissal and dismissal, the Equal Treatment Officer is a security professional for the duration of his order, if he is an employee of the transmission system operator (Section 73 (1) of the German Civil Protection Act). Workers ' Protection Act).

Section 4

More effective independence of the transmission system operator

Requirements

§ 33. In cases where the transmission system has been owned by a vertically integrated electricity undertaking on 3 September 2009, and where there are rules which clearly provide for more effective independence of the transmission system operator as the provisions of the independent transmission system operator (§ 28 bis § 32), there is the possibility of not applying the unbundling requirements of § 24.

Section 5

Procedures with regard to transmission system operators

Procedures for the certification and designation of transmission system operators

§ 34. (1) The regulatory authority is responsible for the constant monitoring of compliance with the unbundling rules (§ 24 to § 33). It has to certify a transmission system operator by means of fixed-order modesty

1.		as owner-legally escaped transmission system operators within the meaning of section 24 or
2.		as an independent network operator within the meaning of § 25 bis § 29 or
3.		as an independent transmission system operator within the meaning of § 28 bis § 32 or
4.		as transmission system operator within the meaning of section 33.

(2) A certification procedure shall be initiated

1.		the application by a transmission system operator in accordance with paragraph 3 (1) (1);
2.		on its own account, if:
a)			a transmission system operator does not make a request for certification pursuant to paragraph 3 (1) (1) or
b)			the regulatory authority becomes aware of a planned change which requires a re-evaluation of the certification and may or has already led to a breach of the unbundling rules;
3.		by the European Commission.
Article 3 of Regulation 2009 /714/EC shall apply to the certification procedure.

(3) The transmission system operator shall be obliged to:

1.		to submit a request for certification without delay, provided that the transmission system operator is not yet certified, and
2.		the regulatory authority shall immediately notify any proposed changes which require a re-evaluation of the certification.
The transmission system operator shall include its inputs to the regulatory authority and, at the request of the latter, all the documents necessary for the assessment of the facts.

(4) The regulatory authority shall have a reasoned draft decision within four months from the initiation of a procedure for the certification of a transmission system operator or , the full documentation of the transmission system operator shall be sent to the European Commission. Where an opinion is delivered by the European Commission, it shall be taken into account as far as possible by the regulatory authority in the certification procedure referred to in paragraph 1 (1) (1) and (3) and shall be subject to a discrepancy from the opinion of the European Commission. Commission to justify the reasons. The regulatory authority shall, after having received the opinion of the European Commission, decide within two months to decide on the application for certification. Certification may be granted subject to conditions and conditions, to the extent that these are necessary for the fulfilment of the objectives of this Act.

(5) By way of derogation from paragraph 4, the following shall apply:

1.		in the case of the certification procedure referred to in paragraph 1 Z 2, the regulatory authority shall comply with the decision of the European Commission.
2.		in the case of the certification procedure referred to in paragraph 1 (4), the regulatory authority and the European Commission shall examine whether the existing rules clearly ensure a more effective independence of the transmission system operator than the provisions relating to: independent transmission system operators (§ 28 bis § 32); the regulatory authority shall comply with the decision of the European Commission.

(6) The regulatory authority shall fully document all the contacts established with the European Commission under the procedure laid down in Article 3 of Regulation 2009 /714/EC. The documentation is to be brought to the attention of the company which requested the issuing of the certificate as well as the Federal Minister for Economic Affairs, Family and Youth. The notice of determination shall be published together with the statement of reasons by the regulatory authority, but where the economically sensitive information is discernable, bodies containing commercially sensitive information shall be unrecognizable. The opinion of the Commission shall also be published, in so far as it is not reproduced in the explanatory memo of the statement of reasons for the decision.

(7) Transmission system operators and undertakings carrying out one of the functions of generation or supply shall be required to provide the regulatory authority and the European Commission with all the information relevant to the performance of their tasks. without delay.

(8) The appointment of a transmission system operator after the certification pursuant to paragraph 1 has been carried out by the Federal Minister for Economic Affairs, Family and Youth in the Federal Law Gazans. The Federal Minister for Economic Affairs, the Family and Youth shall notify the appointment of a transmission system operator to the European Commission as soon as the regulatory authority has notified the certification of a transmission system operator noted. The appointment of an independent network operator pursuant to paragraph 1 (1) (2) and (4) shall be subject to prior approval by the European Commission. If the regulatory authority determines that the requirements for certification due to a breach of the unbundling regulations are no longer available, the appointment by the Federal Minister for Economic Affairs and the Family shall be and youth by way of a customer's revocation.

Procedures for the certification of transmission system operators with respect to third countries

§ 35. (1) A transmission system operator, which is controlled by one or more persons from one or more third countries, applies for certification, and § 34 shall apply with subsequent deviations.

(2) The regulatory authority shall immediately inform the European Commission and the Federal Minister for Economic Affairs, Family and Youth

1.		the application for the certification of a transmission system operator controlled by one or more persons from one or more third countries;
2.		all circumstances which would result in the control of one or more persons from one or more third countries via a transmission system operator.

(3) The Federal Minister for Economic Affairs, the Family and Youth has to ensure that the granting of certification by the regulatory authority does not endanger the security of the energy supply of Austria and the Community. When considering whether the security of energy supply in Austria and the Community is at risk, the Federal Minister for Economic Affairs, Family and Youth shall take into account

1.		the rights and obligations of the Community with regard to that third country, which is under international law, including an agreement with one or more third countries to which the Community is a party and in the matters relating to the security of energy supply is being treated;
2.		the rights and obligations of the Republic of Austria to that third country which are derived from the agreements concluded with that third country, in so far as they comply with Community law;
3.		other specific circumstances of the individual case and of the third country concerned.

(4) After considering whether the security of the energy supply of Austria and the Community is at risk, the Federal Minister for Economic Affairs, Family and Youth shall notify his assessment of the regulatory authority. The regulatory authority has to take into account the evaluation of the Federal Minister for Economic Affairs, Family and Youth in their draft decision and in their decision.

4. Main piece

Combined network operator

Combined network operator

§ 36. The simultaneous operation of a transmission system and a distribution system shall be authorised by the regulatory authority, provided that the criteria laid down in § 24 to § 33 are met.

5. Main piece

Operation of transmission networks

Network Development Plan

§ 37. (1) (Policy determination) The national laws must, taking into account the provisions of paragraphs 2 to 6, provide for the transmission system operators of the regulatory authority to submit each year a 10-year network development plan for the transmission system for approval, which shall be based on the current situation and forecasts in the field of supply and demand.

(2) (Policy determination) In particular, the purpose of the network development plan is to:

1.		provide market participants with information on the important transmission infrastructures to be built or developed over the next ten years,
2.		to list all the investments already decided and to identify the new investments to be made over the next three years, and
3.		to set a timetable for all investment projects.

(3) (Policy determination) The purpose of the network development plan is, in particular,

1.		meeting the demand for line capacity to supply end-users, taking into account emergency scenarios,
2.		the achievement of a high level of availability of capacity (security of supply of infrastructure), and
3.		on the demand for management capacity to achieve a European single market
,

(4) (Policy determination) In drawing up the network development plan, the transmission system operator shall lay down reasonable assumptions concerning the development of production, supply, consumption and exchanges with other countries, taking into account the Investment plans for regional networks pursuant to Article 12 (1) of Regulation 2009 /714/EC and for Community-wide networks pursuant to Art. 8 (3) lit. (b) of Regulation 2009 /714/EC. The network development plan shall include effective measures to ensure the adequacy of the network and the achievement of a high level of availability of the management capacity (security of supply of infrastructure).

(5) (Policy determination) In drawing up the network development plan, the transmission system operator shall have the technical and economic objectives, the interests of all market participants and the consistency with the Community-wide network development plan. consideration. Before the application for approval of the network development plan is submitted, the transmission system operator shall consult all relevant market participants.

(6) (Policy determination) In the explanatory memo to the application for the approval of the network development plan, the transmission system operators, in particular in the case of competing projects for the establishment, extension, modification or operation of line installations, shall have the technical and technical equipment, economic reasons for the endorsement or rejection of individual projects and for the elimination of network bottlenecks.

(7) All market participants shall, at the written request of the transmission system operator, have the data necessary for the preparation of the network development plan, in particular basic data, consumption forecasts, changes in the network configuration, To make available within a reasonable period of time measurements and technical as well as other relevant project documents relating to planned installations which are to be built, expanded, modified or operated. The transmission system operator may, independently of this, also draw on other data which are appropriate for the network development plan.

Network Development Plan Approval

§ 38. (1) The regulatory authority shall approve the network development plan. The prerequisite for the approval is the proof of the technical necessity, adequacy and cost-effectiveness of the investments by the transmission system operator. The authorisation may be granted under conditions and conditions to the extent that such conditions and conditions are necessary to fulfil the objectives of this Act.

(2) The regulatory authority shall consult the network development plan with the interests of the network users prior to the application of the decision. It has to publish the outcome of the consultations and, in particular, to refer to possible investment needs.

The regulatory authority shall, in particular, examine whether the network development plan covers the total investment needs identified during the consultations and whether the Community-wide network development plan is consistent with the Community-wide network development plan in accordance with Article 8 (3) (3) (3). b of Regulation 2009 /714/EC. Where there are doubts as to the consistency with the Community-wide network development plan, the regulatory authority shall consult the Agency.

(4) The reasonable costs associated with the implementation of measures provided for in the network development plan, including pre-financing costs, are to be recognised in the determination of the system usage fees in accordance with § § 51 ff.

(5) The regulatory authority may, at any time, require the transmission system operator to modify its already submitted and unapproved network development plan. Requests for modification of the recently approved network development plan shall be admissible, provided that substantial changes to the planning principles make a new assessment necessary.

Network development plan monitoring

§ 39. (1) The regulatory authority shall monitor and evaluate the implementation of the network development plan and may require the transmission system operator to modify the network development plan.

(2) If the transmission system operator has not carried out an investment which had to be carried out in accordance with the network development plan in the following three years, the transmission system operator has not carried out an investment which has to be carried out in accordance with the network development plan in the following three years. Regulatory authority, if the investment is still relevant on the basis of the latest network development plan, shall undertake to take at least one of the following measures to ensure the implementation of the investment concerned:

1.		the regulatory authority shall require the transmission system operator to carry out the investment in question;
2.		the regulatory authority shall initiate a tendering procedure for the implementation of the investment in question, open to all investors, with the regulatory authority being able to appoint a third party to carry out the tender procedure;
3.		or the regulatory authority shall require the transmission system operator to agree to a capital increase with a view to the financing of the necessary investments and to allow independent investors to participate in the capital.

(3) The regulatory authority shall require a tendering procedure in accordance with paragraph 2 (2) (2), which may require the transmission system operator to accept one or more of the following measures:

1.		Financing by third parties;
2.		Establishment by third parties;
3.		the establishment of the new installations concerned by the transmission system operator itself;
4.		Operation of the new installations concerned by the transmission system operator itself.

4. The transmission system operator shall provide investors with all necessary documentation for the implementation of the investment, shall establish the connection of the new installations to the transmission system and shall do everything possible to ensure the implementation of the investment. To facilitate investment projects. The relevant financing agreements shall be subject to approval by the regulatory authority.

(5) In the case of the regulatory authority exercising its powers in accordance with paragraph 2 (2) (1) to (3), the costs of the investments shall be covered by the respective tariffs.

Obligations of operators of transmission networks

§ 40. (Policy determination) (1) The implementing laws shall require transmission system operators to:

1.		to operate and maintain the system which they operate safely, reliably, efficiently and in accordance with environmental protection requirements;
2.		to ensure the technical conditions necessary for the operation of the system;
3.		to provide for the contractual measures necessary for the implementation of the settlement and data transfer in accordance with Article 23 (2) (9) (9);
4.		provide the operator of another network with which its own network is connected, to provide sufficient information to ensure the safe and efficient operation, the coordinated development and interoperability of the interconnected system;
5.		publish the approved general terms and conditions and the system usage fees determined in accordance with § § 51 ff;
6.		conclude contracts for the exchange of data with other network operators, the accounting group coordinators and the balance sheet group coordinators and other market participants, in accordance with market rules;
7.		ensure, in the long term, the ability of the network to meet reasonable demand for the transmission of electricity in the long term, and safe under economic conditions and with due regard for environmental protection, to operate, maintain and develop reliable and efficient transmission networks;
8.		make a contribution to security of supply by means of the corresponding transmission capacity and reliability of the network;
9.		to refrain from any discrimination against network users or categories of system users, in particular in favour of the undertakings associated with it;
10.		provide network users with the information they need for efficient network access;
11.		to identify bottlenecks in the network and to implement measures to prevent or eliminate bottlenecks and maintain security of supply. Where, however, the elimination or maintenance of security of supply requires producers ' performance (increase or restriction of production and changes in the availability of production facilities), this is not the case. to report without delay to the control zone leader who, if necessary, has to take further orders (Article 23 (2) (5)), without delay, to notify the necessary data;
12.		to ensure the availability of the means necessary to fulfil the service obligations;
13.		to grant, under the supervision of the national regulatory authority, bottlenecks and payments under the compensation mechanism between transmission system operators pursuant to Article 13 of Regulation 2009 /714/EC, grant access to and access to third parties and access to The transmission system operators shall, in the first instance, facilitate market integration in the performance of their tasks as defined in this provision. The proceeds shall be used for the purposes set out in Article 16 (6) of Regulation 2009 /714/EC;
14.		to regulate the transmission of electricity through the network, taking into account the exchange with other interconnected networks;
15.		to maintain a secure, reliable and efficient electricity grid, ie. to ensure the provision of all necessary ancillary services, including those required to meet demand, provided that such provision is independent of any other transmission network with which the network has a To plan and coordinate measures for the reconstruction after major disruptions of the transmission system by entering into contractual agreements to the extent technically necessary, both directly and indirectly. Power plant operators to shut down the necessary blackstart and To ensure island operability only by the transmission system operators;
16.		to draw up a network development plan in accordance with § 37 and to submit it for approval to the regulatory authority;
17.		to submit a written report to the regulatory authority on the basis of which measures it has imposed on the exercise of its obligations under Regulation (EC) No 2009 /714/EC and other directly applicable provisions of Union law Transparency obligations have been set. In particular, the report has a specification of the published information, the type of publication (e.g. internet addresses, times and frequency of publication, as well as qualitative or quantitative assessment of the reliability of data). the publication);
18.		to report annually to the regulatory authority on the measures taken to fulfil its obligations under Directive 2009 /72/EC and other directly applicable provisions of Union law relating to: technical cooperation with the transmission system operators of the European Union and third countries. The report shall, in particular, address the processes and actions agreed with the transmission system operators with regard to cross-country network planning and operation, as well as agreed data for the monitoring of these processes and measures ,
19.		Support for the ENTSO for Electricity in the preparation of the Community-wide network development plan;
20.		setting up a special balance sheet group for the identification of network losses, which only needs to be met by the necessary criteria for a balance sheet group;
21.		To obtain energy used to cover energy losses and capacity reserves in the transmission system, in accordance with transparent, non-discriminatory and market-oriented procedures.

Where a transmission system operator, which is part of a vertically integrated electricity undertaking, is involved in a joint undertaking established for the implementation of regional cooperation, the implementing laws of this joint undertaking shall oblige the operator to: to set up and implement a common undertaking with a common organisation. This list sets out the measures to ensure that discriminatory and anti-competitive practices are excluded. This equal treatment programme shall specify the specific obligations of the staff to achieve the objective of avoiding discriminatory and anti-competitive behaviour. The programme shall be subject to approval by the Agency. Compliance with the programme shall be controlled by the transmission system operator's equal treatment officers.

General Terms and Conditions

§ 41. (constitutional provision) The regulatory authority shall be responsible for the authorisation and for any change in the general conditions for transmission system operators. The authorisation shall, if necessary, be granted subject to conditions or conditions to the extent necessary for the fulfilment of the provisions of this Act. The operators of transmission systems shall, at the request of the regulatory authority, make changes to the general conditions.

6. Main piece

Operation of distribution networks

Training requirements for distribution networks

§ 42. (Policy determination) (1) The operation of a distribution network within a country requires a concession.

(2) The implementing laws shall, in particular, have the conditions of concession and party status in the concession and the special requirements for the granting of a concession for the operation of distribution networks. Procedural rules.

(3) For distribution system operators to whose network at least 100 000 customers are connected, the implementing laws must, as a prerequisite for the concession, provide for concessionary advertisers belonging to a vertically integrated undertaking, at least in its legal form, organisation and decision-making authority must be independent of the other activities not related to the distribution. In addition, the implementing laws must provide that, in the event of a concession, in particular by appropriate conditions or conditions, it shall be ensured that the distribution system operator is responsible for the organisation and Decision-making authority is independent of the other activities of a vertically integrated undertaking which are not related to the distribution. Whereas, in order to ensure such independence in an integrated electricity undertaking, provision should be made for:

1.		the persons responsible for the management of the distribution system operator shall not include in-company facilities of the integrated electricity undertaking, directly or indirectly, for the day-to-day operation in the fields of electricity production; and supply;
2.		the professional interests of the persons responsible for the management of the distribution system operator (social bodies) are taken into account in such a way as to ensure their independence of action, in particular the reasons for the convocation of a company organ of the distribution system operator must be clearly rewritten in the company statutes of the distribution system operator;
3.		that the distribution system operator has the resources necessary to carry out its task, including the personnel, technical, material and financial means necessary for the operation, maintenance or development of the network , and it is ensured that the distribution system operator can decide on the use of these funds independently of the other areas of the integrated undertaking;
4.		that the distribution system operator shall draw up a programme of equal treatment showing the measures taken to ensure that discriminatory behaviour is excluded; provision should also be made for measures to ensure that the monitoring of the Compliance with this programme will be ensured. This programme shall specify in particular what obligations the employees have with regard to the achievement of this objective. The equal treatment officer appointed to establish and monitor compliance with the compliance programme with the national government shall report annually to this and the regulatory authority on the measures taken. and to publish it. Each year, the national government responsible for monitoring the compliance programme shall submit a summary report to the regulatory authority on the measures taken and shall publish this report.

(4) Paragraph 3 (1) does not preclude the establishment of coordination mechanisms to ensure that the economic powers of the parent company and its supervisory rights relating to management with regard to profitability are of a subsidiary. In particular, it is necessary to ensure that a parent company approves the annual financial plan or an equivalent instrument of the distribution system operator and establishes general limits on the indebtedness of its subsidiary. Instructions relating to day-to-day operations or to individual decisions relating to the construction or modernisation of distribution lines which do not exceed the framework of the approved financial plan or equivalent instrument shall be inadmissible.

(5) The implementing laws shall have to provide that the Supervisory Board of distribution system operators belonging to an integrated undertaking shall belong to at least two members independent of the parent company.

(6) The implementing laws shall ensure that a distribution system operator, which is part of a vertically integrated undertaking, is observed by the State Government that it cannot use this circumstance to distort competition. In particular, the implementing laws have to provide for measures to ensure that vertically integrated distribution system operators in their communication and branding policies ensure that there is a confusion with regard to their own The identity of the supply division of the vertically integrated undertaking is excluded.

(7) The implementing laws shall ensure that the co-operation officer of the distribution system operator is completely independent and has access to all information on which the distribution system operator and any associated undertakings , and which the Equal Treatment Officer needs to carry out his duties.

(8) The implementing legislation must oblige the provincial government to notify the regulatory authority without delay of any violations by distribution companies of the national laws issued in accordance with the preceding paragraphs.

Transition and Erdelete authorization to network operation

§ 43. (Policy determination) (1) The implementing acts shall be deemed to be subject to a concession for a distribution network:

1.		deprivation,
2.		the waiver,
3.		the company's demise, and
4.		the bankrupty of the legal entity.

(2) The withdrawal must be provided in any case if the concessionaire fails to fulfil his obligations and if the obligations imposed on the system operator are not to be expected either, or if the system operator is to be responsible for the contract the Authority shall not comply with the obstacles to the removal of such circumstances.

(3) Implementing laws have to provide for the continuation of the transfer of undertakings and sub-contractors by re-establishment (in particular by means of mergers, conversions, transfers, mergers, divisions and reallocation) of the holding is transferred to the successor operator and the mere re-establishment of the company does not constitute a final grant, in particular that it does not justify any withdrawal of the licence. Provision should also be made for the successor to the provincial government to make the transition, following a company accounts and the documents filed in the company's register for the purpose of recording the registration, within a reasonable period of time. .

Right to the power supply

§ 44. (Policy determination) (1) The laws of execution shall have the right of the operator of a distribution system to be provided within the distribution network covered by its distribution network, without prejudice to the provisions relating to direct lines and existing network connection conditions. To connect all end-users and producers to their network (right to network connection).

(2) In any case, the right pursuant to paragraph 1 shall be excluded from those customers to whom electrical energy with a nominal voltage of over 110 kV is transferred.

Obligations of distribution system operators

§ 45. (Policy determination) The implementing laws have to require operators of distribution networks:

1.		to make available the data necessary for the calculation and allocation of the balancing energy, in particular those values to be transmitted for the calculation of the timetable deviations and the deviation from the load profile each balance sheet group is required;
2.		publish general conditions and conclude private-law contracts with end-users and producers on these terms (General obligation to connect);
3.		to grant access to the system for access to the system for access to the general conditions and to certain system use charges;
4.		to publish the general terms and conditions for access to the network and certain system usage charges;
5.		to provide for the contractual measures necessary for the implementation of the settlement and data transmission in accordance with Z 1;
6.		the operation and maintenance of the network;
7.		to estimate the load flows and check compliance with the technical safety of the network;
8.		to lead an evidence on all balance sheet groups and accounting groups responsible in its network;
9.		to guide an evidence of all suppliers operating in its network;
10.		for the measurement of the references, services, load profiles of the network users, checking their plausibility and the transmission of data to the required extent to the balance group coordinators, affected network operators as well as accounting group managers;
11.		for the measurement of services, electricity quantities, load profiles, interfaces to other networks and transmission of the data to the network operators concerned, and the balance sheet group coordinators;
12.		to identify bottlenecks in the network and to take action to avoid them;
13.		for the receipt and transfer of reports on suppliers ' and balance sheet groups;
14.		setting up a special balance sheet group for the identification of network losses, which only needs to be met by the necessary criteria for a balance sheet group;
15.		To procure energy used to cover energy losses and capacity reserves in the distribution system in accordance with transparent, non-discriminatory and market-oriented procedures;
16.		for the collection of charges for use of the network;
17.		to cooperate with the balance sheet group coordinator, the accounting group responsible and other market participants in the division of the differences resulting from the use of standardised load profiles after the measurement results are available;
18.		on the notification of the green energy supplied to the regulatory authority;
19.		conclude contracts for the exchange of data with other network operators, the accounting group coordinators and the balance sheet group coordinators and other market participants, in accordance with market rules;
20.		to refrain from any discrimination against network users or categories of system users, in particular in favour of the undertakings associated with it;
21.		provide network users with the information they need for efficient network access;
22.		take into account energy efficiency, demand management measures or decentral production facilities, which might otherwise require the need for retrofitting or capacity replacement, when planning the distribution of distribution networks.
23.		inform the transmission system operator, at the time of the establishment of the technically appropriate connection point, of the planned construction of generating installations with a capacity of more than 50 MW.

Exceptions to the General Connection Requirement

§ 46. (Policy determination) The execution laws may provide for exceptions to the general obligation to provide a connection.

General conditions

§ 47. (constitutional provision) The regulatory authority shall be responsible for the authorisation and for any change in the general conditions for the operators of distribution systems. The operators of distribution systems shall, in so far as it is necessary to achieve a competitive market, make changes to the general conditions at the request of the regulatory authority. The regulatory authority may also require that the time limit within which, at the request of a customer, the date of the counting point be made available to him or to an authorised representative in a common format in electronic form or to: Supplier change is to be carried out in the general conditions. Where necessary in order to comply with the provisions of this Act, the authorisation shall, if necessary, be granted subject to conditions or conditions.

Part 5

System Usage Fee

1. Main item

Procedure for setting the system use charges

Determination of the Cost Base

§ 48. The regulatory authority shall periodically inform the regulatory authority of the costs, targets and quantity framework of network operators with an annual quantity of customers of more than 50 GWh in the calendar year 2008. The costs and the volume of the remaining network operators may be determined by the Office in accordance with the terms of the decision.

(2) The Austrian Chamber of Commerce, the Chamber of Agriculture of Austria, the Federal Chamber of Labour and the Austrian Trade Union Confederation shall be given the opportunity to comment before the conclusion of the investigation procedure. The regulatory authority shall provide its representatives with information and shall grant access to the act of the procedure. Commercially sensitive information obtained by the representatives in the exercise of their rights of view shall be treated confidentially. The Austrian Chamber of Commerce and the Federal Chamber of Labour are entitled to appeal against decisions of the regulatory authority pursuant to para. 1 for infringement of the provisions of § 9 (2) of the E-Control Act as well as in further consequence of the breach of the provisions of § 59 bis § 61 to the Administrative Court in accordance with Art. 131 B-VG.

System use charges and compensation payments

§ 49. (1) The system usage fees shall be determined on the basis of the established costs and the quantity structure by means of a regulation of the regulatory authority, taking into account a cost rolling in accordance with § 62.

(2) If necessary, the Regulation shall determine compensation payments between network operators of a network area.

(3) The authorisation of a Regulation shall be preceded by an opinion procedure which shall, in particular, enable the network operators, the users of the network and the organisations of interest referred to in § 48 (2) to deliver an opinion within a reasonable period of time ensures.

(4) After the conclusion of the opinion procedure, all documents shall be submitted to the Regulatory Advisory Board on request. The Chairman may also consult experts in the Regulatory Advisory Board. In the event of a risk of default, the hearing by the Board of Regulators may be omitted. It shall, however, be subsequently referred to the matter without delay.

(5) The regulatory authority and the network operator shall submit to the regulatory advisory board all the documents necessary for the assessment of the draft regulation and shall provide information.

Regulatory Account

§ 50. (1) In determining the costs, the difference between the actual revenue and the revenue actually incurred by the Regulation shall be taken into account in determining the cost base for the next period of payment. Differential amounts shall be activated in the context of the annual accounts, taking into account the applicable accounting rules. passivating.

(2) A measure of exceptional income or expenses may be distributed through the regulatory account over a reasonable period of time.

(3) If a notice of costs has been lifted, a different cost determination in the replacement decision must be taken into account in determining the cost base for the next fee periods.

(4) If a statement of costs has been amended by the Board of Regulators, a different cost determination shall be taken into account in the decision of the Board of Regulators in determining the cost base for the next period of payment.

(5) If the system usage fee regulation is repealed by the Constitutional Court or the Constitutional Court has issued a statement that a regulation was unlawful, and the result is a minimum or multiple proceeds, these are in the case of the determination of the the cost base shall be taken into account for a reasonable period of time.

(6) Network operators whose costs have not been identified may, within three months of entry into force of the relevant system usage charges, submit a request for the fixing of costs for the purpose of fixing the system usage charges the cost period used. Where a network operator makes a request for a fixed cost, the costs of all network operators in the network shall be determined by the Office for this cost period. The estimated costs shall be taken into account in the determination of the system usage fees and the compensation payments for the next period of remuneration in the network area concerned.

2. Main piece

De-Parts Components

Determination of system usage charges

§ 51. (1) In order to provide all services provided by the network operators and control zones in compliance with the obligations imposed on them, the network users shall pay a system usage fee. The system usage fee shall consist of the components referred to in paragraph 2 (1) (1) to (7). A settlement exceeding the charges referred to in section 2 (1) to (8) in direct connection with the network operation is inadmissible, without prejudice to separate provisions of this Federal Law. The system usage fee has to comply with the principle of equal treatment of all users of the system, the cost-orientation and the most extensive causation justice, and to ensure that electrical energy is used efficiently and that the The volume of electrical energy distributed or transmitted is not increased unnecessarily.

(2) The system usage fee shall be determined from the

1.		Network usage fee;
2.		Net loss of net loss;
3.		Network entry fee;
4.		Network provision remuneration;
5.		the system service charge;
6.		Remuneration for measurement services;
7.		Remuneration for other services as well as
8.		where applicable, the remuneration for international transactions and for contracts for the transport of energy in accordance with section 113 (1).
The charges listed in Z 1, 2, 4, 5, 6 and 7 shall be determined by regulation of the regulatory authority, with the charges in accordance with Z 1, 2, 4, 5 and 7 being determined as fixed prices. The charge according to Z 6 shall be determined as the maximum price. The charges are in euro and/or Cents per clearing unit specified.

(3) The regulatory authority shall in any case determine system usage charges for consumers and electrical energy feed-in by means of a regulation to relate to the network area and the network level to which the installation is connected. It is necessary to lay down guidelines for network level allocation of installations, settlement modalities and special rules for temporary connections.

Network usage fee

§ 52. (1) The network use charge shall be used to pay the network operator the costs of the installation, removal, maintenance and operation of the network system. The network usage fee is to be paid by borrowers per counting point. It is either work-related or work-related and performance-related to be defined and regularly billed. The performance-related portion of the network usage fee shall in principle be related to a period of one year. The regulatory authority may design network usage charges in a time-variable and/or load-variable manner, taking into account uniform tariff structures. In order to determine the basis for the calculation of the performance-related share of the network usage fee, the arithmetic mean of the highest quarterly performance measured monthly in the accounting period shall be used. In the network levels according to § 63 Z 1 and 2, the 3-peak medium can be used. For a shorter use than one year as well as in the case of complete or partial non-continuous use of the network system, different network usage charges can be prescribed.

(2) Flat-rate, performance-related network usage charges shall be related to a period of one year. If the accounting period is shorter or longer than one year, then the flat-rate amount prescribed for the performance-related net-use tariff is to be aliquoted on a daily basis.

(3) Not included in the network usage fee is a reactive power supply which requires separate measures, can be individually assigned and within a defined period of time for the customer with a power factor (cos φ), whose Absolute amount is less than 0.9. The expenses for this are to be offset separately to the network users.

(4) If a calculation of the consumption is necessary for the billing, it shall be transparent and traceable at counting points without load profile counters by the network operator exclusively on the basis of the valid standardized load profiles , Network operators with a maximum annual delivery rate of 10 GWh may apply simplified procedures for administrative simplification. If a calculation of the consumption value differs from the actual values, a free invoice correction shall be carried out.

Network Loss Fee

§ 53. (1) The net loss charge shall pay off those costs incurred by the network operator for the transparent and non-discriminatory procurement of adequate amounts of energy to compensate for physical network losses, in the determination of the costs of the network operator. Reasonable amounts of energy are allowed in average. The network loss is to be paid by borrowers and feed-in. Feed-in, including power plant parks, with a connection capacity of up to five MW are exempt from the payment of net loss.

(2) The net loss of net loss shall be determined by work and shall be billed on a regular basis. If the ownership limit of an installation is located in a different network level than the measuring device, the network level in which the measuring device is located is decisive for the dimensioning of the network loss charge.

(3) If a calculation of the consumption is necessary for the billing, it shall be transparent and traceable at counting points without load profile counters by the network operator exclusively on the basis of the valid standardized load profiles , Network operators with a maximum annual delivery rate of 10 GWh may apply simplified procedures for administrative simplification. If a calculation of the consumption value differs from the actual values, a free invoice correction shall be carried out.

Network entry fee

§ 54. (1) The network entry fee shall pay to the network operator all reasonable expenses corresponding to the normal market prices which are incurred by the first-time manufacture of a connection to a network or the modification of a connection. as a result of an increase in the access power of a network user. The network entry fee shall be paid once and shall be presented to the network user in a transparent and comprehensible manner. If the network connection costs are borne by the network user itself, the amount of the network access charge should be reduced accordingly.

(2) The network access fee is to be offset in an effort-oriented way, whereby the network operator may provide for a flat-rate for comparable network users of a network level.

Network Delivery Rate

§ 55. (1) The network provision fee shall be paid to customers when the network is established or when the agreed amount of network use is exceeded as a benefit-related flat-rate amount for the already completed and necessary expansion of the network for the purpose of enabling the connection. It is measured according to the agreed level of network usage. If no extent of the network usage has been agreed or the agreed amount of network usage has been exceeded, the network provision fee shall be measured at the extent of the network usage actually used. In any case, the network provision fee shall be offset in the amount of the minimum performance referred to in paragraph 7.

(2) The network provision fee shall be at the request of the borrower within fifteen years from the date of payment after at least three years of continuous reduction of the actual utilization of the the extent of the use of the network or three years after the closure of the network shall be reimbursed to the borrower in proportion to the extent of the reduction in the utilisation of the agreed amount of network use. The reimbursement of a minimum benefit contractually agreed by 31 December 2008, or the minimum performance within the meaning of paragraph 7 and of a degree of network use acquired before 19 February 1999 is not possible.

(3) The calculation of the network provision charge shall be based on the average cost of construction of new transmission and distribution networks and for the reinforcement of existing transmission and distribution networks.

(4) Where network use is locally transmitted within the network of a network operator, the network provision already made shall be set off to the extent to which the agreed further use of the network in relation to the previous one is actually does not change. The local transfer of a minimum benefit contractually agreed until 31 December 2008, the minimum performance within the meaning of paragraph 7, or of a degree of network use acquired before 19 February 1999, is not possible.

(5) If the network level is changed, the difference between the network provision already made after 19 February 1999 and the network provision to be made available at the new network level at the time of network change , or to be repaid by the borrower. The level of network use in kW acquired up to 19 February 1999 shall be transferred unchanged in the event of a change in the network level, without any financial compensation.

(6) The network provision fees actually collected shall be resolved over a period of 20 years, in relation to the respective network levels, so that they will have a cost-reducing effect on the network usage fee.

(7) The minimum performance levels shall be:

1.		a maximum of 15 kW for network level 7;
2.		100 kW for network level 6;
3.		400 kW for network level 5;
4.		5000 kW for network levels 3 and 4;
5.		200 MW for network levels 1 and 2.

(8) except for the payment of the network provision charge on the occasion of the initial conclusion of the network access contract, operators of those installations at network level 1 and network level 2 shall be responsible for the installation of the network access contract by 31 December 2008. The necessary administrative permits are available in the first instance. As up to 1. The extent of the use of the network already acquired in January 2009 shall apply, unless otherwise agreed, the higher of the following values: the extent of the use of the net in kW acquired before 19 February 1999, or the arithmetic mean of the highest Quarterly monthly average load from October 2007 to September 2008 in kW.

(9) For users in the network areas of Styria and Graz: The extent of the use of the network already acquired until 30 June 2009 shall apply to performance-measured customers, unless otherwise agreed by contract, the higher of the following values: the level of net use acquired in kW or the arithmetic mean of the highest quarterly monthly average load of October 2007 to September 2008, acquired in kW, of 19 February 1999. Unless otherwise agreed by 31 December 2008, a power of 4 kW shall be deemed to have been purchased for non-performance customers. In the case of temporary connections and construction current connections in which the entire connection system or a predominant part of the connection system is already permanently in the course of the temporary connection with a view to the subsequent connection up to 30 June 2009 permanently , unless contractually agreed until June 30, 2009, a power of 4 kW shall be deemed to have been purchased.

System Service Rate

§ 56. (1) The system service charge shall be paid to the rule zone guide for those costs arising from the requirement to compensate for fluctuations in load by means of a secondary regulation. The system service charge includes the cost of maintaining the performance and the proportion of the cost of the necessary work, which is not borne by the compensation for balancing energy.

(2) The system service charge is to be determined in terms of work and is to be paid by feed-in, including power plant parks, with a connection power of more than five MW on a regular basis.

(3) The basis for assessment is the gross production (at the generator terminals) of the respective plant or equipment. of the power plant park. Where the connection line (s) of the installation to the public network has a lower capacity than the nominal power of the generating installations, the basis for assessment shall be the number of operating hours of the installation multiplied by the Rated power (hedging of the supply line) of the connecting line to the public grid.

(4) The data necessary for the calculation of the system service charge shall be made known annually by the producers responsible for payment to the rule zone guide.

Remuneration for measurement services

§ 57. (1) The charges for measurement services to be paid by the network user shall pay to the network operator those costs which can be directly attributed to the establishment and operation of counting devices, including the necessary converters, the calibration and the data readout.

(2) The fixed charges for measurement services are maximum prices and shall apply to the type of measurement used in each case. The remuneration for measurement services is to be calculated on a regular basis and in principle in a cost-oriented way. To the extent that measuring equipment is provided by the network users themselves, it is to be reduced accordingly.

(3) The remuneration for measurement services shall be based on a period of one month and shall be aliquots on a daily basis in the course of a non-monthly settlement.

(4) A Ab- Read out of the counting device-with the exception of load profile counters, which are read out by the network operator at least monthly at least-at least once a year. At least every three years has a Read out by the network operator himself. If the reading and the transmission of the measurement data are carried out by the network user, the network operator is obliged to carry out a plausibility check of the transmitted data. A calculation of the measured values shall only be permitted in those cases where the network user has not made use of the possibility offered to him for the self-reading and transmission of the data to the network operator, and Read-out search by the network operator, for a reason which is to be assigned to the area of responsibility of the network user, has not been unsuccessful.

Remuneration for other services

§ 58. Network operators shall be entitled to provide a separate fee to network users for the provision of other services not covered by the charges referred to in Article 51 (2) (1) to (6) and (8) and by the network user directly. 1. The charges for other services shall be determined by the regulatory authority at an appropriate level by means of a regulation, taking into account the social compatibility of the principles laid down in paragraph 1. Charges for other services are to be determined, in particular, for payment fees, as well as the changes made by the network user to the measuring device. The fee to be paid for the disconnection pursuant to § 82 (3) and the restoration of the network access may 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 shall be in accordance with the principle of cost trueness and shall be determined in a differentiated way by network level. The reason and the amount shall be taken into account at reasonable cost. The network security, security of supply, taking into account quality criteria, market integration and energy efficiency, must be taken into account. The determination of the costs on the basis of an average consideration emanating from a rationally managed, comparable enterprise is permitted. Investments shall be taken into account in an appropriate manner on the basis of the initial acquisition costs and the cost of financing. Extraordinary expenses or income may be distributed proportionally over a period of several years. The costs incurred in an efficient implementation of new technologies shall be duly taken into account in the charges, taking into account the principles described and the use of synergy effects. International transactions and contracts for the transport of energy pursuant to Section 113 (1) shall be taken into account in the cost determination.

(2) The calculation of costs shall be based on targets based on the savings potential of enterprises. In this context, the identified costs will be adjusted both for general targets based on productivity developments and for the rate of inflation specific to the network operator. Individual targets can be taken into account due to the efficiency of the network operators. The methods to be applied shall be in accordance with the state of science. In the determination of individual targets, individual sub-processes can also be used in addition to an overall company view in case of objective comparability. In doing so, it is necessary to ensure that the transmission and distribution system operators have incentives to increase efficiency and to carry out the necessary investments appropriately.

(3) The time period for the implementation of the targets (target achievement period) may be divided into one or more years of regulatory periods by the regulatory authority in the respective cost statement. At the end of a regulatory period, the company's individual efficiency progress can be evaluated. After a regulatory period, an efficiency comparison or an alternative regulatory system corresponding to the state of science can be implemented again in order to determine the network usage charges.

(4) In the case of vertically integrated electricity undertakings, the network operator shall have sufficient evidence to influence the costs of the system operator by means of billing. At the request of the regulatory authority, the vertically integrated electricity undertaking shall submit the calculation basis for the settlement of the accounts.

(5) A network operator price index shall be taken into account in order to cover the network-operator-specific Teuerungsrate. This is made up of published sub-indices, which represent the average cost structure of the network operators.

(6) The objectives referred to in paragraph 2 as well as the rate of inflation in accordance with paragraph 5, which are specific to the network operator, shall act exclusively on the costs which the company can be affected by. Costs which cannot be influenced are, in particular, costs:

1.		created by the implementation of measures approved by the regulatory authority on the basis of network development plans;
2.		for the use of functionally connected networks within the country;
3.		to cover network losses on the basis of transparent and non-discriminatory procurement;
4.		for the provision of primary and secondary rules on the basis of transparent and non-discriminatory procurement;
5.		for land levies on the use of public land (use levy);
6.		as a result of legal provisions in the context of breakdowns, which are based on the fact that the electricity market is fully liberalised at the time of the first-year operation. October 2001. The more detailed cost categories shall be determined by a regulation of the regulatory commission no later than 3 months from the date of entry into force of this Act.

(7) The costs for the determination of net loss and network usage charges are based on the respective network levels on the basis of the determined total costs less collected charges, charges for other services as well as the proportionate share of the costs. To identify the resolution of passivated network provision and network access charges, and to take due account of any proceeds from cross-border transport. The overall costs are to be reduced in order to reduce subsidies and subsidies.

Financing costs

§ 60. (1) Financing costs shall include the reasonable cost of the interest in equity and debt, taking into account the conditions of the capital market and the cost of income taxes. Funded financing should be duly taken into account.

(2) The financing costs shall be determined by multiplying the appropriate financial cost set by the capital base which is to be galvanic. In this case, the interest-bearing reserve is to be reduced in cost, taking into account the financing rods, which are accounted for in terms of personnel costs.

(3) The financing cost rate shall be determined from a weighted average cost of capital based on a standard capital structure and income tax. The standard capital structure has to take into account both general cross-sectoral and also significant company-specific factors, which fall below the equity share by more than 10%. A market-oriented risk premium for equity and debt capital, the framework conditions of the capital market and a risk-free interest rate must be taken into account. A multi-annual average can be used in determining the risk-free interest rate.

(4) The interest-bearing capital base shall be determined by the balance sheet underlying the fixing of costs within the meaning of section 8 for the transmission and distribution activities. It derides from the property and intangible assets necessary for the operation of the network, minus passivated network access charges and network delivery charges (construction grants) and any company values. In the case of mergers of network operators, an increased capital base may be recognised, provided that the synergy effects obtained from this concentration directly lead to a reduction in the total cost.

Determination of the quantity scaffold

§ 61. The quantities on which the charges are based shall be based on the quantities of supply and feed in kWh, the arithmetic mean of the monthly rate of the observation period, and/or the amount of the quantities in question. to determine the highest one-quarter hourly output in kW and counting points of the most recently available financial year per network level. Current or expected significant effects in volume development, both in terms of quantity and power component, as well as in the number of counting points, can be taken into account.

4. Main piece

Principles of remuneration

Payment of charges and cost-management

§ 62. (1) The system usage fee shall be related to the network area and the network level to which the asset is attached per count point. The system usage fees shall be determined on the basis of the recorded costs and the quantity scaffolded determined.

(2) In the case of a number of network operators within a network area, the estimated costs and the established quantity framework of these network operators for each network level shall be combined for the purpose of determining the system usage fees. Differences between the identified costs and the revenues on the basis of the determined quantity framework per network operator shall be compensated within the network area. Corresponding compensation payments between the network operators of a network area for which the costs have been determined shall be fixed in the Regulation in accordance with Section 51 (3).

(3) The method of cost-management to be used for the determination of the charges for the maximum voltage network shall be taken by the regulatory authority, taking due account of points of view of a gross and net consideration by Regulation in accordance with Section 51 (3). Costs for the maintenance of secondary control, as well as for the provision of net losses, are not to be taken into account in the gross and net consideration. In the case of gross and net consideration, a share of 70% shall not be exceeded for the network costs in relation to the total administration and feed-in after electrical work, in accordance with the gross amount of the cost. The gross component for the maximum voltage level shall be taken into account separately in the labour-related tariffs for network use and shall be the network operator of the network area in a procedure to be determined in accordance with Article 51 (3) of the Regulation continue to be offset.

(4) In determining the charges for network levels and network areas in accordance with § 63 Z 3 to 7, a cost shift must also be carried out, with the network costs of the respective network level plus the share of the costs incurred by the superposed network level. to be divided up directly at the network level of the network connected to the network and to all the users connected to the upstream network level and to the feeder. In the course of the rolling process, the energy supplied from generation plants must also be taken into account at the individual network levels. The rolling has to be carried out using an appropriate ratio between power (kW) and work (kWh).

(5) The electrical services to be used for the cost reduction shall be obtained in accordance with a recognised investigation procedure, such as the 3-peak or maximum-load procedure, in the case of the maximum voltage network, in any case from the arithmetic mean Average of the highest half-hourly average performance in the periods January to March, April to September and October to December from the maximum voltage network. The electrical work to be used for the cost reduction shall be the sum of the individual references of all the final consumers connected to the respective network level and the network areas supplied from them, as well as to the network level delivered to the next network level. electrical work. The net use of the network shall be excluded from the cost of the network for determining the charges for the network use.

Network levels

§ 63. As network levels, which are expected to be used in the formation of the system usage fees, the following shall be determined:

1.		Network level 1: maximum voltage (380 kV and 220 kV, including 380 /220 kV voltage supply);
2.		Network level 2: Revoltage of maximum-to high voltage;
3.		Network level 3: high voltage (110 kV, including installations with an operating voltage of between more than 36 kV and 220 kV);
4.		Network level 4: A voltage of high to medium voltage;
5.		Network level 5: medium voltage (with an operating voltage between more than 1 kV up to and including 36 kV and intermediate voltages);
6.		Network level 6: Retension of medium-to-low voltage;
7.		Network level 7: Low voltage (1 kV and below).

Network Areas

§ 64. The network areas are as follows:

1.		For the network levels 1 (maximum voltage) and 2 (voltage of maximum to high voltage):
a)			Austrian division: the maximum voltage grid as well as the voltage of the maximum-to high voltage of the Verbund-Austrian Power Grid AG;
b)			Tiroler Range: the maximum voltage networks as well as the voltage of the highest-to-high voltage of TIWAG-Netz AG;
c)			Vorarlberg area: maximum voltage networks as well as the voltage of maximum voltage at high voltage of VKW-Netz AG;
2.		for the other network levels, unless Z 3 and 4 provide otherwise, the respective undertakings referred to in Annex I by the networks in the network levels 3 to 7 and, indirectly, by all those networks to the maximum voltage network connected functionally connected networks of other companies, with the exception of the network areas circumscribed in Z 3 and 4, whereby WIEN ENERGIE Stromnetz GmbH and EVN Netz GmbH own high-voltage installations as well as the Voltage of Highest-to high voltage of network level 3 (high voltage) of these network areas (network area the WIEN ENERGIE Stromnetz GmbH or of EVN Netz GmbH) are to be attributed in terms of cost;
3.		for the Land of Upper Austria for the network level 3 the area covered by the networks of Energie AG Oberösterreich Netz GmbH, the LINZ STROM Netz GmbH and the Verbund-Austrian Power Grid AG; for the network levels 4 to 7, the area covered by the networks the Energie AG Oberösterreich Netz GmbH and the LINZ STROM Netz GmbH as well as all functionally connected networks of other companies which are indirectly connected to the maximum voltage network via these networks;
4.		for the network level 4, the areas covered by the networks of the Innsbruck municipal companies Aktiengesellschaft and Energie Klagenfurt GmbH; for the network levels 5 to 7, the areas covered by the networks of the electricity network Graz GmbH, the Innsbruck municipal enterprises Aktiengesellschaft, Energie Klagenfurt GmbH and the energy supply Kleinwalsertal GesmbH, insofar as this is required by geographical, economic or network technical conditions.
Line installations, the cost of which is regulated in the context of contracts pursuant to § 70 (2), shall not be included in any of the network areas. For the use of line installations under contracts pursuant to § 70 (2), the charge for the use of the network shall be determined by the cost of the contract regulated in these contracts. In addition, insofar as such line systems are not used in the context of contracts pursuant to § 70 para. 2, the respective system usage fees of the Austrian area (network level 1 and 2) are to be used, respectively. of the Vorarlberg region (from network level 3). The allocation to a network area does not intervene in the supply area, in property rights, in investment decisions, in the operational management, in the network planning or in the network sovereignty of other network operators.

Part 6

Obligations of suppliers and electricity traders

Data exchange

§ 65. (1) Electricity dealers and other suppliers supplying end-users shall be obliged to exchange contracts for the exchange of data with the controller of the balance sheet group whose members they supply to the network operator whose network the customer is responsible for: , as well as with the relevant balance group coordinator.

(2) Electricity dealers and other suppliers supplying final consumers shall be obliged to supply all price-relevant data for end users supplied with standard products as soon as they are available to the regulatory authority in one of the following: This pre-determined electronic form is to be transmitted to the tariff calculator for input. In the regulatory authority's tariff calculator, all competitors shall be treated equally and all the conditions made available to the regulatory authority shall be published in a transparent and non-discriminatory manner.

Part 7

Producers

Producers

§ 66. (Policy determination) (1) The implementing laws shall require producers to:

1.		to join a balance sheet group or to form a separate balance sheet group;
2.		to make available to the balance sheet group coordinator, the balance sheet group responsible and other relevant market participants data to the extent required;
3.		report generation schedules to the network operators concerned, the control zone guide and the accounting group responsible for technical necessity, to the extent required;
4.		to comply with the technical specifications of the network operators when using their own counter-counting devices and data transmission equipment;
5.		in the case of partial deliveries, the announcement of production schedules to the relevant accounting group responsible;
6.		In accordance with contractual agreements on the arrangement of the control zone leader in order to rectify the network or to maintain security of supply services (increase or restriction of production as well as change in the availability of Production plants). It should be ensured that, in the case of instructions from the control zone guide to operators of CHP plants, the supply of district heating remains guaranteed;
7.		the increase and/or restriction of production, thus the change in the availability of production facilities, by order of the control zone guides pursuant to section 23 (9) of the system for the elimination of the network or for the maintenance of security of supply , to the extent that this could not be guaranteed in accordance with Z 6;
8.		on the order of the control zone guide, producers with technically appropriate production facilities shall, in the event of an unsuccessful call for tenders, be prepared to provide and to provide the secondary legislation against compensation for actual expenditure.

(2) The implementing laws shall have to provide that operators of generation plants with a congestion of more than five MW shall be obliged to:

1.		to cover the costs of the primary scheme;
2.		in so far as they are able to provide the primary control power to provide the latter by order of the control zone guide, in the event that the invitation to tender has not been successful in accordance with § 67;
3.		to provide evidence of the provision of the primary control performance to the rule zone guide in a suitable and transparent manner;
4.		the nature and extent of the data to be transmitted, in order to comply with the instructions of the rule-zone guide in connection with the provision of the primary control performance.

(3) The implementing laws must provide that operators of generating installations which are connected to the network levels in accordance with § 63 Z 1 to 3 or have a bottleneck performance of more than 50 MW shall be obliged to comply with the respective rule zone guide. to monitor the network security at the same time as data on the current feed-in power of these generating installations in electronic form.

(4) The implementing laws should have to provide that operators of generation plants with a congestion of more than 20 MW are obliged to regularly provide the State Government with data on the timing of the security of supply. the availability of the production facilities.

Call for tenders for primary control

§ 67. (Policy determination) (1) The implementing laws shall provide that the provision of primary control shall be made by means of an invitation to tender, to be carried out on a regular basis, but at least half a year, by the respective regulatory zone guide or by a representative appointed by the respective regulatory zone guide.

(2) The implementing laws shall have to provide that the rule zone guides have to carry out a transparent pre-qualification procedure on a regular basis in order to determine the suppliers of primary control services that are interested in participating in the call for tenders. The providers of primary control services classified as suitable in the pre-qualification procedures shall be entitled to participate in the call for tenders.

(3) The implementing laws shall have to provide that the level of service to be provided shall meet the requirements of the European Joint Operation.

(4) The implementing laws shall have to provide that, in the case of the tender, the power to be kept in the primary control system per plant shall be at least 2 MW.

(5) The implementing laws shall have to provide that, in the event of an unsuccessful invitation to tender, the respective rule zone guide shall provide the appropriate providers of primary control services in accordance with paragraph 2 against the replacement of the actual expenses incurred in providing the To require primary control.

Provision of the funds for the provision of primary control

§ 68. (Policy determination) (1) The implementing laws shall provide that operators of generating installations with a congestion of more than 5 MW shall be required to apply the resources for the provision of primary control in proportion to their annual production volumes. are committed. In the case of generating installations whose congestion is greater than the power to the respective network, this power supply shall be multiplied by the operating hours of the installation.

(2) The settlement and collection of the funds referred to in paragraph 1 shall be carried out quarterly by the control zone guides.

Call for tenders for secondary legislation

§ 69. (1) The procurement of the secondary regulation shall be effected by means of competitive tenders organised by means of competition, which shall be carried out on a regular basis by the respective control zone guide. The conditions for the procurement of the secondary scheme shall be approved by the regulatory authority in a modest way. The subject of the call for tenders shall be the price of the performance of the service and the actual provision of the work. The performance and working price are decisive for the series of offers. The system service charge shall be charged with 78% of the costs of the secondary scheme, and the remaining costs shall be charged via the offsetting of the balancing energy.

(2) The rule zone leaders shall regularly carry out a transparent pre-qualification procedure for the identification of the providers of secondary legislation that are interested in participating in the call for tenders. The aim is to participate in the tendering process of the largest possible number of suitable providers. The providers of secondary rules classified as suitable in the pre-qualification procedures shall be entitled to participate in the invitation to tender.

(3) The amount of the service to be issued and made available shall be in accordance with the requirements of the European Joint Operation and shall be determined by the control zone guide.

(4) In the event of an unsuccessful call for tenders, the control zone guide shall require producers by means of technically appropriate production facilities to replace the actual expenditure incurred for the provision and provision of the secondary scheme. The actual expenditure shall be determined on a case by case basis by the regulatory authority.

(5) The appropriations for the procurement of the secondary scheme shall be applied in accordance with Section 56 by means of the system service charge and the charges for balancing energy.

Power supply via direct lines

§ 70. (Policy determination) The implementing laws have the possibility to set up and operate direct lines.

8. Part

CHP plants

Criteria for the efficiency of CHP

§ 71. (Policy determination) (1) In order to determine the efficiency of cogeneration in accordance with Annex IV, the implementing laws may authorise the Authority to establish efficiency reference values for the separate production of electricity and heat. These efficiency reference values shall consist of a matrix of values, broken down by relevant factors such as year of construction and fuel types, and shall be based on a detailed, documented analysis, inter alia: Operating data under real operating conditions, cross-border electricity trade, fuel mix, climatic conditions and applied cogeneration technologies shall be taken into account in accordance with the principles set out in Annex IV.

(2) In determining the efficiency reference values as referred to in paragraph 1, the harmonised efficiency reference values established by the European Commission in accordance with Article 4 of the CHP Directive in Decision 2007 /74/EC shall be taken into account.

Proof of origin for electricity from high-efficiency CHP

§ 72. (Policy determination) (1) On the basis of the harmonised efficiency reference values in accordance with Article 71 (2), the Land Government shall, upon request, appoint, on request, the cogeneration plants for which guarantees of origin are provided by the network operator to whose network the installation is connected. Electricity from highly efficient combined heat and power generation according to § 7 (1) Z 27 may be issued. The nominations of annexes shall be notified without delay to the regulatory authority.

(2) The guarantee of origin issued by the network operator in accordance with paragraph 1 shall include:

1.		the quantity of energy produced from high-efficiency cogeneration in accordance with Annex III and in accordance with Commission Decision 2008 /952/EC;
2.		the designation, type and bottleneck performance of the production plant;
3.		the period and place of production;
4.		the primary energy carriers 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 calculated in accordance with Annex IV on the basis of the harmonised efficiency reference values laid down by the European Commission in accordance with Article 71 (2);
8.		the date of entry into service of the installation;
9.		details of the aid received and the nature of the support scheme;
10.		the designation of the issuing authority and of the issuing State;
11.		the date of issue of the proof of origin.

(3) The Land Government has to regularly monitor the issue of guarantees of origin.

(4) The issuing of guarantees of origin does not involve the right to use support mechanisms.

Recognition of guarantees of origin from other countries

§ 73. (Policy determination) (1) Proof of origin of electricity from highly efficient combined heat and power generation from installations with a location in another EU Member State or EEA Contracting State shall be deemed to be a guarantee of origin within the meaning of this Act if it at least meets the requirements of the type. 5 (5) of Directive 2004 /8/EC.

(2) In case of doubt, the provincial government shall, on request or on its own behalf, determine whether the conditions for recognition are fulfilled.

Reporting

§ 74. (Policy determination) (1) The state governments have to present annually to the Federal Minister for Economic Affairs, Family and Youth:

1.		a statistical analysis of the national production of electricity and heat from cogeneration, in accordance with the methodology set out in Annex III and Decision 2008 /952/EC of the European Commission;
2.		a statistics on CHP capacity and fuel used for cogeneration.

(2) Each year, the State Governments have to submit a report to the Federal Minister for Economic Affairs, Family and Youth on their monitoring activities in accordance with Section 72 (3). In particular, the report shall include those measures taken to ensure the reliability of the detection system.

Part 9

Obligations to customers

Network Access Permission

§ 75. (Policy determination) (1) The implementing laws shall provide that all customers shall be entitled to conclude contracts with producers, distributors and electricity undertakings for the supply of electrical energy to meet their needs and in respect of such contracts. Power supply mains access to desire.

(2) Electricity companies may request network access on behalf of their customers.

Change of supplier or balance sheet group

§ 76. (1) The duration of the relevant procedure for the exchange of the supplier and the balance sheet group may not, without prejudice to existing civil law obligations, be three weeks, calculated from the point of view of the supplier change by the network operator, not . The regulatory authority shall be empowered to regulate in more detail the procedure applicable to the exchange of the supplier and the balance sheet group as well as the relevant procedures for the re-registration of end-users. In the design of the procedures, in particular the technical and organisational measures to be taken in connection with a change from the network operator, the compatibility of the deadlines and the dates with the accounting system shall be based on the following: Balance sheet group system, ensuring security of supply as well as enforcement of customer wills.

(2) The supplier change shall not be associated with any separate costs for the end user.

The system operator shall have the data to be determined by the regulatory authority with a regulation and necessary for the reconciliation in the procedures referred to in paragraph 1, in particular the name, address and counting point name, on the basis of the data provided by the In a non-discriminatory manner, the clearing house is to be provided on request in a non-discriminatory manner to all suppliers and balance-sheet groups in a standardised, electronically structured form on request. The operation of the platform shall be carried out with due regard for data protection; the unauthorised disclosure of the data shall be subject to the sanction in accordance with § 108. The regulatory authority is also empowered to regulate the form of data transmission from the network operator via the platform operated by the clearing house to suppliers and balance-sheet groups responsible by regulation.

(4) The dismissal of households or small enterprises with respect to the supplier is possible with due respect for a period of two weeks. If binding deadlines are contractually agreed, the ordinary termination of the contract is possible at the end of the first year of the contract and subsequently at the end of the respective month's last year. The ordinary termination of the supplier to households or small enterprises can only take place within a minimum period of eight weeks.

Supplied Last Instance

§ 77. (Policy determination) (1) Electricity dealers and other suppliers, whose activities include the supply of household customers, have to publish their General Tariff for the supply of the last instance of household customers in a suitable manner (e.g. Internet). They are obliged to apply electrical energy to their current general terms and conditions and to this tariff to consumers within the meaning of Section 1 (1) (1) (2) of the Basic Law (KSchG) and small enterprises which rely on them for basic services. supplies (mandatory basic services). The implementing laws have to provide for more detailed provisions on consumers within the meaning of Section 1 (1) (1) (2) of the KSchG for the supply of last resort.

(2) The general tariff of basic services for consumers within the meaning of Article 1 (1) (1) (2) of the KSchG may not be higher than the rate at which the largest number of customers who are consumers within the meaning of Article 1 (1) (1) (2) of the German Basic Law (KSchG) are provided for. The general tariff of basic services for entrepreneurs within the meaning of Article 1 (1) (1) of the KSchG may not be higher than the tariff which is applicable to comparable customer groups. The consumer within the meaning of Article 1 (1) (1) (2) of the German Basic Law (KSchG), who is based on the basic supply, must not be required to pay a security or advance payment in connection with the receipt of the supply, which shall be the amount of a partial amount payment for exceeds a month.

(3) if the consumer is not in late payment for a period of six months, he shall be reimbursed for the security and shall be dismissed from an advance payment unless a delay in payment occurs again.

Designation of origin (Labeling)

§ 78. (1) Electricity dealers and other suppliers supplying final consumers in Austria shall be obliged to mix the supply mix on or as an annex to their electricity bill (annual accounts) as well as to relevant information material for end users , which takes account of the total electricity supply of the electricity trader for final consumers. This obligation also exists with regard to the advertising material which is subject to labelling requirements to the end user (Article 7 (1) (32)). The expulsion shall be made on the basis of the total electrical energy (supply mix) sold by the supplier to the end user.

(2) Electricity dealers and other suppliers supplying final consumers in Austria shall be obliged, on or as an annex to their electricity bill (annual accounts) for final consumers, to have the environmental impact, at least as far as CO2 emissions are available, and Radioactive waste from the electricity generated by the supply mix. This obligation also exists with regard to the advertising material addressed to the final consumer.

(3) The monitoring of the accuracy of the information provided by the undertakings shall be carried out by the regulatory authority. In the case of incorrect information, the electricity dealer concerned must be asked to correct the information correctly.

Special provisions for labelling

§ 79. (1) The identification according to § 78 shall be based on a percentage breakdown, on the basis of the electrical energy (kWh) supplied to the final consumer, the primary energy carrier in solid or liquid biomass, biogas, landfill and sewage gas, geothermal energy, wind and solar energy, hydropower, natural gas, oil and its products, coal, nuclear energy, and others.

(2) The labelling of the primary energy carriers on the electricity bill shall be based on the total quantities of final consumers made during the preceding calendar or marketing year.

(3) The shares in the various primary energy sources referred to in paragraph 1 shall be interpreted as a single supply mix which takes into account the total electricity supply of the electricity trader to final consumers. If the primary sources of energy are not clearly determined, for example in the case of purchasing via electricity exchanges, a computerised allocation of these quantities on the basis of the current pan-European total application to ENTSO (electricity) minus their application has to be The basis for renewable energy sources.

(4) The marking must be clearly legible. Other endorsements and notes on the electricity bill may not be suitable for confusion with the marking.

(5) Electricity dealers have to document the basics of labelling. In the documentation, the application of the quantities supplied by them to the final consumer must be presented in a coherent manner according to the primary energy sources.

(6) The documentation must, if the electricity distributor does not fall below a total of 100 GWh of final consumer, be provided by an auditor or a general and court-certified expert from the field of Electrical engineering tested. The result is to be published in a clear form and confirmed by the examiner in an annex to the business report of the power dealer.

(7) The evidence referred to in paragraph 6 shall contain information on the primary energy sources with which the electrical energy has been produced, on the place and period of production, and on the name and address of the producer. They must be confirmed by a monitoring, testing or certification body approved in accordance with the Accreditation Act. § 3 of the Accreditation Act applies accordingly. Proof of electricity generation from renewable energy sources shall be the sole proof of origin according to § 8 and § 9 of the German Green Electricity Act (Ökostromgesetz) or recognised in accordance with the provisions of Article 15 of EU Directive 2009 /28/EC.

(8) The result of the documentation, which must be drawn up not later than four months after the end of the calendar year or marketing year or the actual delivery period, shall be for the duration of three years to be viewed by end users at the seat (principal place of residence) of the electricity dealer or-if it is located abroad-to be provided at the home of the domestic delivery agent.

(9) Electricity dealers must, at the request of the regulatory authority, submit within a reasonable period of time the evidence referred to in paragraphs 5 to 7 and all the necessary documents necessary to verify the accuracy of the information.

(10) If there is a requirement to publish annual accounts in accordance with Article 8 (1), electricity traders or other suppliers have in these annual accounts the supply mix in accordance with paragraph 3, with the indication of the respectively sold or delivered Quantities of electrical energy.

(11) The regulatory authority has to adopt more detailed rules on electricity labelling by means of a regulation. In particular, the scope of the obligations in accordance with section 78 (1) and (2) as well as the requirements for the design of the evidence on the various primary energy sources and the electricity labelling in accordance with this law shall be closer to .

General terms and conditions for the supply of electrical energy

§ 80. (1) (Policy determination) Suppliers have to prepare General Terms and Conditions for the supply of electrical energy for customers whose consumption is not measured by a load profile counter. The General Terms and Conditions and their amendments shall be presented to the regulatory authority in electronic form before their entry into force, and shall be published in a suitable form.

(2) Changes to the terms and conditions of business and the contractually agreed fees are permitted only in accordance with the General Civil Code and the Consumer Protection Act. Such changes shall be communicated to the customer in writing in a letter addressed to them in person, or at the request of the customer electronically. In this letter, the changes to the General Terms and Conditions shall be reproduced in a comprehensible way. If the contractual relationship is terminated in the event that the customer opposes the changes to the terms and conditions or the charges, the contractual relationship shall end with the last month following a period of 3 months following the deadline.

(3) (Policy determination) General terms and conditions of business or contract form between suppliers and customers shall contain at least:

1.		the name and address of the supplier;
2.		the services provided and the quality offered, as well as the probable date for the commencement of delivery;
3.		the price of energy in cents per kWh, including any surcharges and charges;
4.		the duration of the contract, the conditions for the renewal and termination of the services and the contractual relationship, the existence of a right of withdrawal;
5.		any compensation and refund schemes in the event of non-compliance with the contractually agreed performance quality, including incorrect and late settlement;
6.		an indication of the possibilities of appeal available;
7.		the conditions to which a supply is made within the meaning of Section 77;
8.		Modalities for which the customer is obliged to pay partial amounts, whereby a payment is to be offered at least ten times a year at any rate.

(4) (Policy determination) The suppliers have been shown to inform their customers of the essential contract contents before the conclusion of a contract. For this purpose, an information sheet is to be handed out to the customer. This shall also apply if the conclusion of the contract is made by an intermediary.

(5) The provisions of Section 1 to 4 shall be without prejudice to the provisions of the KSchG and the ABGB.

Minimum requirements for invoices and information and promotional material

§ 81. (1) Information and promotional material, as well as invoices, which are directed towards the end user shall be made transparent and friendly to consumers. Insofar as information on the system usage fee and the price for the electrical energy is jointly notified, it is jointly advertised or the conclusion of a common contract is offered or if such a contract is to be billed, the components are the system usage fee, the surcharges for taxes and charges as well as the price of electrical energy in a transparent manner. In any case, the indication of the energy price must be made in Cent/kWh and under the guidance of an all-due basic price. An electronic transmission of invoices is permissible on the customer's request, but the customer's right to invoice in paper form may not be excluded in the contract. No additional costs may be charged to the customer for invoicing in paper form.

(2) End consumers shall be subject to an under-annual accounting upon request.

(3) On invoices relating to the use of the system, the individual components of the system usage fee as well as taxes, levies and surcharges are to be disclosed separately on the basis of federal or state regulations. In addition, the following information shall be given in particular:

1.		the allocation of the customer assets to the network levels in accordance with § 63;
2.		the agreed or the extent of the use of the network in kW;
3.		the counting point designations;
4.		the meter readings that have been used for the settlement;
5.		information on the type of meter reading, whether a meter reading by the network operator, a self-reading by the customer or a mathematical calculation of meter readings has been made;
6.		the energy consumption in the accounting period per tariff period and the comparison with the same period of the previous year;
7.		the possibility of self-reading by the customer;
8.		Telephone contact information for incidents.

(4) The network operator shall have the information referred to in paragraph 3 and all the stored data relating to him/her in the last twelve months on request to the network user, upon request, to the network user. in the case of an express instruction to a third party, free of charge. § 84 shall remain unaffected.

Disconnection of network connection and information of customers

§ 82. (1) Network operators shall provide end-users with the following information easily and directly on the Internet, as well as in the context of an information sheet to be provided on the invoice, free of charge:

1.		the name and address of the undertaking;
2.		the services provided and the quality levels offered, as well as the date for the initial conclusion,
3.		the nature of the maintenance services offered;
4.		the manner in which up-to-date information on all applicable tariffs is available;
5.		the duration of the contract, the conditions for the renewal and termination of the benefits and the contractual relationship, the rights of withdrawal,
6.		any compensation and refund schemes in the event of non-compliance with the contractually agreed performance quality, including incorrect and late settlement,
7.		Approach to the initiation of dispute settlement procedures,
8.		any statement by the European Commission on the rights of energy consumers.

(2) Suppliers shall provide end-users with the following information easily and directly on the Internet, as well as in the context of an information sheet to be provided to the end-users free of charge:

1.		the name and address of the undertaking;
2.		the way in which up-to-date information on all applicable prices is available;
3.		the duration of the contract, the conditions for the renewal and termination of the benefits and the contractual relationship, the rights of withdrawal,
4.		Approach to the initiation of dispute settlement procedures,
5.		on the right to supply in accordance with § 77,
6.		any compensation and refund schemes in the event of non-compliance with the contractually agreed performance quality, including incorrect and late settlement,
7.		any statement by the European Commission on the rights of energy consumers.

(3) In cases of breach of contract for the physical separation of the network connection, the network operator shall be entitled only if a two-time reminder, including at least two weeks of grace period, has been preceded by a two-week reminder. The second reminder shall also contain information on the consequence of a disconnection of the network access after the two-week grace period has been lost and the associated estimated costs of any disconnection. The last warning has to be done with the letter written.

(4) The network operator and the previous supplier shall have to invoice the customer at the latest six weeks after completion of the change of supplier or after the termination of the contract. The network operator shall forward the bill for the use of the network to the previous supplier within three weeks, provided that the previous supplier also lays the bill for the use of the network.

(5) A Prepaymentmeter shall be uninstalled if the final consumer has paid his invoices for a period of six months.

Smart meters

§ 83. (1) The Federal Minister for Economic Affairs, Family and Youth may, after carrying out a cost/benefit analysis, determine the introduction of intelligent measuring devices. This shall be done after consultation of the regulatory authority and the consumer protection representative by regulation. In the event of the authorisation of this Regulation, the network operators shall be required to provide intelligent measuring instruments to those end users whose consumption is not measured by a load profile meter.

(2) The regulatory authority shall determine those requirements by means of a Regulation to which these intelligent measuring instruments have to comply and in accordance with § 59 in the determination of the cost basis for the determination of the remuneration in approach. The operation of intelligent measuring instruments shall be carried out with due regard for data and consumer protection; the regulatory authority shall involve the representatives of consumer protection as well as the Data Protection Commission as far as possible.

Measurement data of intelligent measuring instruments

§ 84. (1) The network operator shall be obliged to record, at the latest six months from the date of installation of an intelligent measuring instrument, the consumption-specific meter readings for each end user, and for the purpose of offsetting the meter, to store customer information and energy efficiency. Network operators are also obliged to provide all consumption data free of charge at the latest one day after their first processing on the Internet to those end users whose consumption is measured by means of an intelligent measuring instrument. .

(2) Network operators shall be obliged, if the customer does not object, to transmit monthly measurements to the suppliers of the final consumer, whose consumption is measured by means of an intelligent measuring instrument. The suppliers shall be obliged to send to the end-users, free of charge, a consumption and electricity cost information produced on the basis of the measured values within two weeks of the transmission of the measured values. The final consumer shall be given the option of receiving the information on request free of charge on paper.

(3) End consumers whose consumption is not measured by means of an intelligent measuring instrument shall be provided with detailed consumption information with the invoice. In addition, the network operator shall be able to give all end-users the opportunity to announce once a quarter of a meter reading. In the event of a notification of the meter reading, the network operator shall be obliged to provide the final consumer with timely consumer information within a period of two weeks.

The regulatory authority may, by means of a regulation, lay down the data to be transmitted by the network operator to the supplier in accordance with paragraph 2 and the level of detail and the form of the provision of the information provided for in paragraphs 1 to 3. In doing so, it has to take into account the comprehensibility and the suitability of the information for the effect of efficiency gains.

Part 10

Balance groups

Summary of Network Users in Balance Sheet Groups

§ 85. (Policy determination) (1) Network users shall be obliged by the implementing laws to join a balance sheet group or to form a separate balance group.

(2) Network users shall be obliged to comply with their legal and contractual obligations

1.		Data, counter values and other information on network operators, balance-sheet groups responsible for determining their electricity consumption, as well as the balance group coordinator in accordance with the obligations arising from the contractual agreements in so far as this is necessary to maintain a competitive electricity market and to safeguard consumer protection;
2.		to comply with the technical specifications of the network operators when using own counting devices and installations for data transmission;
3.		Submit reports for supplier and balance group changes, as well as meet the deadlines set for this;
4.		to report contract data to bodies responsible for the creation of indices;
5.		to report to the network operator and to the control zone guides, where technical requirements are concerned, the plans for production and consumption;
6.		conclude contracts for the exchange of data with other network operators, the accounting groups responsible, as well as the balance group coordinators and other market participants, in accordance with the market rules.

Balance Group Responsible

§ 86. (1) (Policy determination) Balance sheet groups can be formed within each control zone. The formation and alteration of balance sheet groups is carried out by the balance sheet group responsible.

(2) (Policy determination) The accounting group responsible must comply with the requirements necessary for the performance of its duties and obligations, in particular in legal, administrative and commercial terms.

(3) (Policy determination) The implementing laws must have to provide that the accounting officer must provide proof of his professional competence. In order to ensure the performance of the performance of its obligations, the implementing laws also have to lay down rules on the financial endowments.

(4) (Policy determination) The group responsible for the balance sheet group is also obliged to fulfil its duties and obligations as well as to comply with the market rules. If the accounting group responsible does not comply with its obligations, the execution laws have to provide for the reduction of its activity.

(5) (constitutional provision) The regulatory authority shall be responsible for supervising the group responsible for the balance sheet group. The monitoring of compliance with the rules laid down in the implementing laws is assigned to the regulatory authority for concern. The assessment of the professional competence and an understatement of the activities of the accounting group responsible shall be governed by the legislation applicable to the seat of the balance sheet group. The allocation of suppliers or customers who do not belong to a balance sheet group or do not form their own balance sheet group to a balance sheet group shall be made by the regulatory authority.

Tasks and duties of the accounting group responsible

§ 87. (1) (Policy determination) The execution laws have to assign the following tasks to the accounting group responsible:

1.		the drawing-up of timetables and the transmission of those to the clearing house and the control zone guides concerned;
2.		the conclusion of agreements relating to the reserve holding and the supply of balance sheet group members assigned to them by the regulatory authority;
3.		the reporting of certain production and consumption data for technical purposes;
4.		the reporting of production and acceptance schedules of large-scale purchasers and feed-in, according to defined rules for technical purposes;
5.		the payment of charges (fees) to the balance sheet group coordinators;
6.		the payment of compensation for balancing energy to the balance sheet group coordinator and the resettlement of the charges to the members of the balance sheet group.

(2) (Policy determination) The accounting groups responsible shall be obliged to:

1.		conclude contracts with the balance sheet group coordinator, the network operators and the balance group members on the exchange of data;
2.		conduct an evidence of the balance sheet group members;
3.		to pass on data to the balance group coordinators, the network operators and the members of the balance sheet group, in accordance with the market rules;
4.		Draw up timetables between balance sheet groups and report to the balance group coordinator up to a date fixed at that time;
5.		to obtain compensation for the members of the balance-sheet group-in the sense of a supply with the balance-group;
6.		To take all the necessary measures to minimise the costs of the ecosystem for balancing energy.

(3) (Policy determination) If a balance sheet group member changes the balance sheet group or the supplier, the data of the balance sheet group member of the new balance sheet group or the new supplier shall be passed on.

(4) (constitutional provision) The accounting officer shall submit to the regulatory authority the general conditions for approval and, if requested, to amend it, provided that this is necessary for the achievement of a competitive market or for the adoption of the Electricity dealers are required to supply green electricity. In this context, the regulatory authority may also, in particular, arrange for the change in the time frame conditions for the allocation of the timetable necessary to minimise the costs of the eco-current winding station for compensation energy.

11. Part

Monitoring tasks

Monitoring tasks

§ 88. (1) (Policy determination) The implementing acts shall be subject to the following supervisory tasks for the State Governments in the context of their monitoring functions relating to the electricity market. In particular, these include:

1.		security of supply in terms of reliability and quality of the network, as well as the commercial quality of network services,
2.		the degree of transparency in the electricity market, with particular reference to wholesale prices,
3.		the degree and effectiveness of market opening and the level of competition at the wholesale and retail level, including any distortions of competition or restriction of competition,
4.		any restrictive contractual practices, including exclusivity provisions, which may prevent large commercial customers from concluding contracts with a number of providers at the same time, or restrict their possibilities to do so,
5.		the duration and quality of the reconnection, maintenance and other repair services carried out by transmission and distribution system operators;
6.		investment in generation capacity, with a view to security of supply,
continuously to observe.

(2) (Policy determination) In order to carry out the tasks referred to in paragraph 1, the implementing laws shall have the mass, units and characteristics of the collection, the characteristics of the feature, the data format, the frequency, the time intervals and the procedures for the ongoing collection of data, and the determination of the more detailed information for the parties responsible for providing information. In any case, the collection of the following data shall be determined:

1.		of network operators: number of new connections, including time required for each of them; maintenance and repair services carried out, including fees charged for this purpose and time required; number of planned and unplanned services Supply interruptions including the number of end users affected, performance, duration of supply interruptions, cause and levels of voltage affected; voltage characteristics in public electricity supply networks; number of Network access and network access applications, as well as their average Processing duration;
2.		of distribution system operators: number of change of supply and switched quantities (kWh), in each case separately by network level and supplier; disconnection rates, with separate disconnection of shutdowns or suspension, respectively, Termination of contract due to breach of contractual obligations; number of new registrations and logins; number of prepayment counters used; number of changes initiated, which were made known to the network operator, including the number of Unsuccessfully completed change; number of resale of deliveries after interruption due to late payment; number of final accounts and share of invoices sent out later than six weeks after the end of the contract , number of customer complaints and inquiries, including subject matter (e.g. Invoice and invoice amount or counter, reading and metering) and the average processing duration of complaints;
3.		by suppliers: calculated energy prices in Eurocent/kWh per defined customer group; number of changes in supply and changed quantities (kWh), in each case separately according to customer groups; number of complaints received, together with grounds of appeal; number of complaints received supplied end-users, including the quantity of delivery per defined customer group.

(3) In the context of its monitoring function relating to the electricity market, the regulatory authority shall have the task of:

1.		compliance with the rules relating to the tasks and responsibilities of transmission system operators, distribution system operators, supply undertakings and customers, and other market participants, in accordance with Regulation 2009 /714/EC,
2.		the implementation of steering measures within the meaning of Section 10 of the Energy Law,
3.		the investment plans of the transmission system operators;
4.		the congestion management within the meaning of Section 23 (2) Z 5 and the use of the bottleneck revenues
5.		technical cooperation between transmission system operators established within the territory of the European Union and transmission system operators established in the European Union, or in third countries,
		continuously to observe and
6.		Information on all procurement of regulatory energy products (ie. Primary, secondary and tertiary regulation, unintentional exchange), such as periodic costs, quantities of the number of bidders, the number of bidders, as well as information on the balancing energy situation in the control zone, such as the prices of the balance sheet groups, for the benefit of the Balancing energy, performance deviation of the entire control zone and use of the control energy products, deviations of the balance groups to be collected.

(4) Electricity traders shall be obliged to keep transaction data on transactions with other electricity traders and transmission system operators for a period of five years, which is to be regulated in more detail by the regulatory authority with a regulation, and which shall be regulatory authority, the Federal Competition Authority and the European Commission, in order to carry out their duties, at any time, in a form specified by the regulatory authority, if necessary. In any event, the Regulation shall determine the retention and transmission of the following data: characteristics and product specifications for each financial and physical transaction, in particular the date of completion of the transaction, Contract duration, power exchange or other trading venue on which the transaction was made, first time delivery date, identity of buyer and seller, transaction quantity and price, or Price adjustment clauses.

(5) In the case of a reporting obligation to report data in accordance with paragraphs 2, 3 and 4, the regulatory authority may order the notification of the data.

(6) The regulatory authority may carry out or arrange for independent surveys of customer satisfaction to be carried out in order to evaluate the information provided by the network operators in order to provide services and supply quality. The network operators are obliged to cooperate and to support these surveys.

(7) The regulatory authority is authorised to conclude data exchange agreements with the regulatory authorities of other Member States and to use the data obtained for the purposes of the tasks referred to in paragraph 1 above. The regulatory authority shall be bound by the data transmitted to the same degree of confidentiality as the information provided by the information authority.

(8) The notifiers referred to in paragraph 2 shall have the data referred to in paragraph 2 of the regulatory authority and the respective national government electronically at the latest by 31 March of the following year in a format defined by the regulatory authority shall be transmitted. In addition, the following data shall be transmitted to the regulatory authority under the appropriate application of the previous sentence:

1.		of regulatory zone guides: data on calls for tenders of cross-border capacity, in particular offered and issued and declared by market participants as a timetable, for annual, monthly and daily expenditure, actual physical Line flows, safety margins in capacity calculations, information on reductions of capacities already in use;
2.		the respective invitation to tender in connection with the purchase of compensation energy (ie. Primary, secondary and tertiary arrangements, unintentional exchange) of the persons: the bid price (Euro/MW), the working price (Euro/MWh), the power offered (MW), the grant of the surcharge and the regular zone connection.

12. Part

Authorities

Authority in other matters governed by federal law directly applicable

§ 89. (1) Unless otherwise specified in the individual case, the Authority shall be the regulatory authority within the meaning of the directly applicable federal law provisions of this Federal Law.

(2) Administrative penalties according to § 99 bis § 102 are to be imposed by the district administrative authority responsible pursuant to § 26 VStG. The regulatory authority shall have party status in these proceedings. It is entitled to assert, as a subjective right in the proceedings, the observance of legislation which serves to protect compliance with the public interests which it perceivates as a subjective right, and to appeal to the Verwaltungsgerichtshof (Administrative Court) collect.

(3) The regulatory authority may notify obligations under this federal law, inform them and apply them to establish the statutory state within a reasonable period of time as determined by the regulatory authority, if reasons for adoption the existence of a legally conformable behaviour even without the knowledge of the criminal law. In doing so, it shall draw attention to the legal consequences of such a request.

(4) Means shall not be punished if they establish the legal status within the time limit set by the regulatory authority.

(5) fines in accordance with § 104 to § 107 shall be imposed by the Cartel Court.

Power of authority in electricity affairs

§ 90. (Policy determination) Unless otherwise specified in the individual case, the authorities shall be subject to the basic provisions of this Federal Law

1.		the State Government;
2.		Federal Minister for Economic Affairs, Family and Youth in the cases referred to in Article 12 (3) B-VG.

Part 13

Specific organisational provisions

National Electricity Advisory Board

§ 91. (Policy determination) (1) In order to advise the state government in fundamental electricity economic matters, the implementing laws have to provide an electricity advisory council.

(2) The implementing laws shall oblige persons who participate in proceedings carried out under a law of execution to be subject to secrecy.

Arrangement and implementation of statistical surveys

§ 92. (1) The Federal Minister for Economic Affairs, the Family and Youth is authorized to carry out statistical surveys, including price surveys and surveys of other market data, in particular exchange rates and new customer numbers by customer groups and others. to arrange statistical work on electricity. The implementation of statistical surveys and other statistical work shall be carried out by the regulatory authority.

(2) The Federal Minister for Economic Affairs, Family and Youth has to arrange statistical surveys by means of a regulation. In addition to the arrangement of statistical surveys, the Regulation should include in particular:

1.		the survey mass;
2.		statistical units;
3.		the nature of the statistical survey;
4.		Survey characteristics;
5.		Feature extraction;
6.		the frequency and time intervals of the data collection;
7.		the determination of the group of persons who is obliged to provide information;
8.		whether and to what extent the results of the statistical surveys are to be published, taking into account the provisions of section 19 (2) of the Federal Statistics Act 2000.

(3) In the event of a reporting obligation to report data, the regulatory authority may determine the reporting obligation and order the notification of the data with a notification.

(4) The transfer of individual data to the Bundesanstalt "Statistik Österreich" for the purpose of federal statistics is permissible.

(5) The conduct of the surveys as well as the processing of the data obtained on the basis of these surveys shall be carried out with the appropriate application of the provisions of the Federal Statistics Act 2000.

Automation-supported traffic

§ 93. (1) Personal data required for the conduct of proceedings in matters governed by this Federal Law by directly applicable federal law, which the Authority requires in the performance of its supervisory activities or that has been brought to the attention of the Authority in accordance with § 10, may be determined and processed in accordance with the provisions of the Data Protection Act.

(2) The Federal Minister for Economic Affairs, the Family and Youth and the regulatory authority are authorized to provide processed data in the context of proceedings in matters governed by this Federal Law by directly applicable federal law. transmit to

1.		the parties involved in this procedure;
2.		Experts who shall be consulted on the procedure;
3.		the members of the regulatory and/or Energy Council;
4.		-requested or commissioned authorities (§ 55 AVG);
5.		the competent authority for the implementation of the regulatory clearance procedure, in so far as such data are required in the context of this procedure.

Obligation to pass on tax cuts

§ 94. In the case of taxes, duties or customs duties included in the prices of goods or services in whole or in part, the prices shall be reduced by those amounts.

Rights of access

§ 95. (Policy determination) The implementing laws must ensure that national governments have the right to request information on everything that is necessary for the implementation of these procedures and for this purpose also in the economic and economic situation. and business records can be seen.

Automation-supported traffic in the execution legislation

§ 96. (Policy determination) The implementing laws shall ensure that personal data necessary for the implementation of procedures in electricity, which the authorities require in the performance of their supervisory activities, or which are required by the In the event of a state government, it may be possible to identify and process automation support, and to regulate the transfer of processed data to third parties in accordance with the principles laid down in § 93.

Reporting requirements of the state governments

§ 97. (constitutional provision) By 30 June each year at the latest, the State Governments shall report to the Federal Minister for Economic Affairs, Family and Youth on the experience gained with the operation of the internal market in electricity and the enforcement of the Federal law to submit implementing laws.

14. Part

Penal provisions and fines

1. Main item

General obligation of countries

General obligation of countries

§ 98. (Policy determination) Whereas the implementing laws must provide for effective, proportionate and dissuasive sanctions against electricity undertakings in respect of the obligations arising from the implementing act; whereas, in the case of infringements,

1.		a minimum penalty of EUR 10 000 against the provision of Article 66 (2), section 67 (2) or section 88 (2) of companies in whose network at least 100 000 customers are affiliated,
2.		From companies to whose network at least 100 000 customers are affiliated, against the provision of § 21 para. 1, § 23 para. 2 or 5, § 37 para. 1, § 40, § 42 para. 1, 3, 5, 6 or 7, § 45, § 77, § 80 para. 1, 3 or 4 or § 87 para. 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, § 42 para. 1, 3, 5, 6 or 7, § 45, § 66 para. 2, § 67 para. 2 § 77, § 80 para. 1, 3 or 4, § 87 para. 1, 2 or 3 or § 88 para. 2 an effective, proportionate and dissuasive sanction.

2. Main piece

Administrative transgressions

General criminal provisions

§ 99. (1) Provided that the action does not constitute the offence of a criminal offence or a fine of a fine which falls within the jurisdiction of the courts, or is threatened with tighter penalty under other administrative penalties, a Administrative transgressing and punishable by a fine of up to 50 000 euros

1.		shall not comply with the obligations laid down in Article 17 (4), (5) or (6) or (18);
2.		does not comply with the obligations laid down in Article 27 (2) (3) (3);
3.		the obligations laid down in Article 32 (1) do not comply;
4.		ensure that the exchange period laid down in section 76 (1) is not complied with.

(2) Provided that the action does not constitute the offence of a criminal offence or a fine of a fine which falls within the jurisdiction of the courts, or is threatened with tighter penalty under other administrative provisions, a Administrative transgressing and punishable by a fine of up to € 75 000

1.		shall not comply with the obligations laid down in Article 8 (1), (2) or (3) or (9);
2.		its obligation to provide information and to grant access to it in accordance with § 10;
3.		it does not comply with its obligation to notify in accordance with § 14 or § 80 (2);
4.		is not in accordance with the obligations laid down by a regulation of the regulatory authority in accordance with Article 19;
5.		does not comply with its obligations to transfer data in accordance with Section 19 (4) or section 76 (3);
6.		its obligation as a producer in accordance with section 23 (9) does not comply;
7.		its obligations under § 37 (7), § 38 (1) or § 39 (1), (2), (3) or (4) do not comply;
8.		does not comply with its obligations under Section 69;
9.		does not comply with its obligations as a supplier or electricity trader in accordance with § 65 or § 78 (1) or (2).
10.		is not in accordance with its obligation under Section 79;
11.		does not comply with its obligations under Section 81;
12.		does not comply with its obligations under Section 82
13.		does not comply with its obligations under Section 83 (1);
14.		use intelligent measuring instruments which do not comply with the standards laid down in the Regulation in accordance with Section 83 (3);
15.		does not comply with its obligations under Section 84 (1), (2) or (3);
16.		its obligation under Section 87 (4) does not comply;
17.		of its obligation under Section 88 (4), (5), (6) or (8);
18.		the statistical surveys arranged pursuant to Article 92 (2) do not comply with the provisions of this Regulation;
19.		does not comply with the terms and conditions set out in § 24 (2) of the E-ControlG for the scope of this Federal Act, or the conditions, deadlines and conditions contained therein;
20.		is not in accordance with the provisions adopted pursuant to this Federal Act or the conditions, limits and conditions laid down therein;
21.		the provisions of Regulation (EC) No 2009 /714/EC or of Regulation (EC) No 2009 /713/EC or of the guidelines adopted pursuant to these Regulations are not in accordance with the provisions
22.		decisions which are based on the provisions of Regulation (EC) No 2009 /714/EC or Regulation (EC) No 2009 /713/EC or the guidelines based thereon;
23.		the provisions of the guidelines adopted pursuant to Directives 2009 /72/EC or 2009 /73/EC are not in accordance with the guidelines;
24.		Decisions based on guidelines adopted pursuant to Directives 2009 /72/EC or 2009 /73/EC are not in accordance with the principles laid down in this Directive.

(3) Provided that the action does not constitute the offence of a criminal offence or a fine of fines falling within the jurisdiction of the courts, or is threatened with tighter penalty under other administrative provisions, a Administrative transgressing and punishable by a fine of up to € 100 000

1.		Contrary to § 11, § 48 (2), § 76 (3) or § 84 (1), data is unlawfully disclosed;
2.		does not comply with the obligations laid down in paragraph 24 for the transmission system operator, which is unrelated to ownership;
3.		the obligations laid down for independent network operators and transmission system owners in § 25, § 26 or § 27, with the exception of § 27 (2) (3), do not comply;
4.		the obligations laid down for independent transmission system operators in § 28, § 29, § 30, § 31 or § 32, with the exception of § 30 (1) (3) and § 32 (1), do not comply;
5.		shall not comply with the obligations laid down in Article 30 (1) (3) and (33);
6.		does not comply with the conditions laid down in the notice of determination pursuant to section 34 (1) or section 35 (1);
7.		shall not comply with the notification requirements laid down in Article 34 (3) (2) or (34) (7).

Withholding of tax cuts

§ 100. Those who are contrary to § 94 or who, while reducing the prices in accordance with § 94, deal with the effect of the reduction of taxes, duties or customs duties, however, by the fact that it is not caused by corresponding increases in costs, which are The reduction of the above-mentioned input charges by means of a price increase in whole or in part makes it ineffective, is subject to an administrative surrender and is punishable by a fine of up to EUR 50 000.

Operation without certification

§ 101. An administrative surrender shall be punishable by a fine of up to EUR 150 000 who shall not submit a request for certification pursuant to § 34 (3) (1) or (35) as transmission system operator or after the final dismissal of such a transfer system operator Application for certification leads to the operation of the transmission network without certification.

Price dispute

§ 102. (1) If the action does not constitute a criminal offence within the jurisdiction of the courts or is punishable under other administrative criminal provisions with a more stringent penalty, an administrative surrender shall be responsible for who shall be responsible for a Net service performance shall be higher than the maximum or fixed price determined by the regulatory authority under this Federal Act, or a lower price than the minimum or minimum price determined by the regulatory authority under this Federal Act, or A fixed price that distinguishes, demands, accepts, or promises to be, and is with to punish fines of up to EUR 100 000.

(2) The inadmissible additional amount shall be declared expired.

Statute of limitations

§ 103. The period of limitation (§ 31 para. 2 VStG) for administrative transgressions according to § 99 bis § 102 is one year.

3. Main piece

Fines

Discrimination and other fines

§ 104. (1) On application by the regulatory authority, the Cartel Court shall, by decision in the proceedings in addition to disputes, impose fines up to a maximum of 10% of the annual turnover of the network operator in the preceding financial year, if the Network operator intentionally or grossly negligently according to § 9 discriminated.

(2) On application by the regulatory authority, the Cartel Court shall, by decision in the proceedings in addition to disputes, impose fines up to a maximum of 5% of the annual turnover of the network operator in the preceding financial year if it:

1.		obstruct the equal treatment officer in the performance of his duties;
2.		rejecting the connection on the basis of possible future restrictions on available network capacity and not complying with the actual circumstances;
3.		it does not comply with its obligations to provide information or its reporting obligations imposed by Regulation (EC) No 2009 /714/EC;
4.		does not comply with the decisions of the regulatory authority issued under Regulation (EC) No 2009 /714/EC;
5.		it does not fulfil its obligations under the guidelines set out in the Annex to Regulation 2009 /714/EC.

(3) The regulatory authority shall have party status in proceedings under (1) and (2).

Participating companies and legal succession

§ 105. (1) Not only the network operator is responsible for the fines of § 104 (1) and (2) but also of any company which determines the network operator for execution or otherwise contributes to the execution of the money.

(2) With regard to the succession of law, § 10 of the Law on the responsibility of the Union for the Protection of the Union applies accordingly.

Measurement

§ 106. (1) Where a network operator is part of a vertically integrated electricity undertaking, the amount of the fine shall be calculated by the annual turnover of the vertically integrated electricity undertaking.

(2) In the assessment of the fine, it is particularly relevant to the seriousness and duration of the infringement, to the enrichment achieved by the infringement, to the degree of debt and to the economic performance as well as to the To take part in the Enlightenment of the Violation of the Law.

Statute of limitations

§ 107. A fine shall be imposed only if the application has been lodged within five years from the end of the infringement.

4. Main piece

Judicial acts of criminal law

Revelation or recovery of data

§ 108. Anyone who, contrary to § 11, § 48 (2), § 76 (3) or § 84 (1), is unlawfully disclosed or exploited and whose disclosure or exploitation is liable to infringe a legitimate interest of the person concerned, shall be punishable by the court with imprisonment to punish for up to a year.

(2) The public in the main hearing shall be excluded from office on its own account or on request if it is necessary for persons not involved in the proceedings or proceedings not involved in the proceedings.

15. Part

Transitional and final provisions

Entry into force and repeal of federal legislation

§ 109. (1) (constitutional provision) § 1, § 21 (2), § 23 (9), § 86, § 5, § 87 (4), § 88 (8), § § 109 (1), § 113 (2) and § 114 (2) enter into force on 3 March 2011; at the same time, Section 12 (3), Section 20 (2), Section 22 (2) (5a), § 22a (5), § 24, § 31, § 46 (5), § 47 (4), § 61, § 66b, § 70 sec. 2 and § 71 (3) and 9 to 11 of the Electricity Economic and Organization Act, BGBl. I No 143/1999, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 112/2008, except for force.

(2) The provisions of directly applicable federal law of this Federal Act shall enter into force, insofar as paragraph 3 of this Article shall not apply otherwise, with 3 March 2011; at the same time, the provisions directly applicable to the federal law of the Federal Republic of Germany shall be The Electricity Economy and Organization Act, BGBl. I No 143/1999, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 112/2008, with the exception of Section 68a (6) and (§ 69), except for force.

(3) § 112 (1) shall enter into force with the day following the customer's presentation. § 35 shall enter into force on 3 March 2013. Section 59 (6) Z 6 occurs with 1. Jänner 2014 in force.

Entry into force of basic provisions and implementing laws

§ 110. (1) The provisions of this Federal Act, which are referred to as basic provisions, enter into force on 3 March 2011; at the same time, the provisions of the Electricity Economic Law, BGBl, which are referred to as the basic provisions of the law, occur. I No 143/1999, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 112/2008, with the exception of section 68a (1) to (3), except for the force.

(2) The implementing laws of the Länder shall be adopted within six months of the date of the act of the customer.

Transitional provisions

§ 111. (1) The BGBl Act, which is based on the Electricity Economic and Organization Act (BGBl). I n ° 143/1998, regulations adopted before the entry into force of this Federal Act remain in force until the relevant subject areas have been re-regulated by means of regulations under this Federal Act.

(2) The provisions of the Electricity Economic and Organization Act, BGBl, shall continue to apply to procedures relating to administrative violations committed before the entry into force of this Federal Law. I No 143/1998, in the version applicable at the time of the act of committing the act.

Transitional arrangements in connection with unbundling and network development plan

§ 112. (1) Restructuring to be carried out in the context of unbundling by means of any type of restructuring shall be carried out by means of a full succession; this shall apply, in particular, to the transfers. The restructuring operations are exempted from all taxes, duties and fees regulated by the Federal Republic of Germany, which are linked to the establishment or transfer of assets. These exemptions shall also apply to legal relationships established on the occasion of the restructuring, in particular stock contracts, serviceability, and loan and credit agreements. The restructuring operations are considered to be non-taxable transactions within the meaning of the UStG 1994, BGBl. No 663/1994, as amended; the transferee directly enters into the legal position of the transferor in the area of turnover tax. In addition, the provisions of the German Restructuring Tax Act, BGBl, apply. No 699/1991, as amended, with the proviso that the Law on the Reformation Tax Act shall apply even if there is no partial operation within the meaning of the Reformation Tax Law. The execution laws in accordance with § 22 or § 42 do not exclude the continuation or justification of an organ according to § 2 of the German VAT Act and § 9 of the Corporate Tax Law.

(2) Transmission system operators shall comply with the provisions of § 24 to § 34 to 3 March 2012.

(3) The network development plan according to § 37 shall be submitted for approval for the first time six months after the entry into force of this Federal Act.

Final provisions

§ 113. (1) Private-law agreements which govern the connection, supply and exchange or transport of electricity shall remain unaffected by the provisions of this Federal Law, insofar as they are compatible with Union law.

(2) (constitutional provision) The state treaty of 1926 in the version in 1940 and the Tyrolean state treaty in 1949 with its addition in 1962, the IllwerkeContract work in 1952, and the Illwerkecontracwerk 1988 remain unaffected by the regulations of this federal law.

(3) Where a market-based procedure for capacity allocation is carried out on a power line exceeding the national border with respect to a third country, energy supplies which are exclusively the fulfilment of the date of the Entry into force of this Act shall serve international obligations to the third country concerned, with the exception of the capacity allocation procedure, in so far as the energy supply 10 vH of the technically available capacity of the Does not exceed the line.

Enforcement

§ 114. (1) With the exercise of the rights of the Federation pursuant to Art. 15 (8) B-VG, the Federal Minister for Economic Affairs, Family and Youth shall be responsible for the basic provisions contained in this Federal Act.

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

(3) The enforcement of the provisions directly applicable federal law shall be entrusted to:

1.		as regards Section 22 (2) and (3) and § 104 to § 108 of the Federal Minister of Justice;
2.		as regards Section 112 (1) of the Federal Minister of Finance;
3.		the Federal Minister for Economic Affairs, the Family and Youth.

Annex I

(to § 64 (1) (2))

The companies referred to in § 64 para. 1 Z 2 are:

1.		the BEWAG Netz GmbH for the province of Burgenland,
2.		the KELAG Netz GmbH for the province of Carinthia,
3.		the EVN Netz GmbH for the federal state of Lower Austria,
4.		the Salzburg Netz GmbH for the province of Salzburg,
5.		the Stromnetz Steiermark GmbH for the province of Styria,
6.		the TIWAG-Netz AG for the province of Tyrol,
7.		VKW-Netz AG for the province of Vorarlberg and
8.		the WIEN ENERGIE Stromnetz GmbH for the federal state of Vienna.

Annex II

(to § 4 Z 3 and § 71 (1))

KWK-Technologies within the meaning of § 4 Z 3 ElWOG

a)			Gas turbine with heat recovery (combined process)
b)			Counterpressure steam turbine
c)			Extraction-condensation steam turbine
d)			Gas turbine with heat recovery
e)			Combustion engine
f)			Microturbines
g)			Stirling engines
h)			Fuel cells
i)			Steam engines
j)			Diseaine circulatory system with organic fluid
k)			Any other technology or combination of technologies for which the definition of Section 7 (1) Z 36 applies.

Annex III

(to § 72 and § 73)

Calculation of CHP electricity

The values for the calculation of CHP electricity shall be determined on the basis of the actual or expected operation of the block under normal conditions of use. For micro-CHP plants, the calculation can be based on certified values.
a)			The generation of electricity from cogeneration shall be equated with the annual total electricity generation of the block, measured at the terminals of the main generators, in the following cases:
i)				in the case of cogeneration units of the type referred to in Appendix II lit. b and d to h with a total annual efficiency of at least 75% established by the regulatory authority; and
ii)				in the case of cogeneration units of the type referred to in Appendix II lit. a and c with a total annual efficiency rate of at least 80% established by the regulatory authority.
b)			In the case of KWK blocks with an annual overall efficiency below the level in lit. a sublit. i mentioned value (cogeneration units of the type according to Appendix II lit. b and d to h or with an annual overall efficiency under the in lit. a sublit. (ii) the value (cogeneration units of the type referred to in Appendix II lit. a and c the cogeneration shall be calculated according to the following formula:
			EKWK = QKWK C
-				Where:
-				ECHP the amount of electricity from CHP
-				C the current measure
-				QKWK the net heat generation from cogeneration (calculated for this purpose as a total heat generation, reduced by any amount of heat produced in separate boiler plants or by means of fresh steam extraction from the steam generator upstream of the turbine).
			The calculation of the cogeneration electricity shall be based on the actual current characteristic. If the actual number of electricity generated by a cogeneration unit is not known, the following default values may be used, in particular for statistical purposes, for units of the type referred to in Appendix II lit. a to e are used to the extent that the calculated cogeneration electricity does not exceed the total current production of the block:

Type	Default current measure C
Gas turbine with heat recovery (combined process)	0.95
Counterpressure steam turbine	0.45
Extraction-condensation steam turbine	0.45
Gas turbine with heat recovery	0.55
Combustion engine	0.75

			If default values for the current characteristic are in blocks of the type according to Appendix II lit. f to k, they shall be published and communicated to the European Commission.
c)			If a part of the energy content of the fuel supply to the cogeneration process is recovered in chemical form and recycled, then this fraction can be subtracted from the fuel supply before the fuel supply is below the lit. (a) and (b) the total efficiency of the system.
d)			The current characteristic can be determined as the ratio between current and useful heat if the operation is carried out in a cogeneration mode at lower power, and at the same time the operating data of the corresponding block are based.
e)			For the calculations according to the lit. a and b may be used for other reporting periods than one year.

Annex IV

(on § 71)

Procedure for determining the efficiency of the CHP process

The values for the calculation of the efficiency of cogeneration and of primary energy savings shall be determined on the basis of the actual or expected operation of the block under normal conditions of use.
a)			High-efficiency cogeneration
-				Under this Directive, 'high-efficiency cogeneration' shall meet the following criteria:
-				The generation of cogeneration in cogeneration blocks is made possible according to lit. b calculated primary energy savings of at least 10% as compared to the reference values for separate electricity and heat generation;
-				production in small and small-scale cogeneration plants, which provide primary energy savings, can be considered as high-efficiency cogeneration.
b)			Calculation of primary energy savings
-				The amount of primary energy savings by cogeneration in accordance with Appendix III shall be calculated using the following formula:

-				PEE primary energy saving.
-				Cogeneration W (heat efficiency reference value of CHP production, defined as annual useful heat generation in relation to the fuel used for the production of the sum of combined heat and power generation of CHP and CHP power generation).
-				Ref W (efficiency reference value for separate heat generation.
-				KWK E (electrical efficiency of CHP, defined as annual CHP electricity in relation to the fuel used for the production of the sum of CHP-useful heat output and CHP power generation. When a cogeneration unit generates mechanical energy, an additional value corresponding to the quantity of electricity equivalent to the quantity of mechanical energy can be added to annual cogeneration electricity generation. This additional value does not entibe the person to issue guarantees of origin in accordance with § 72.
-				Ref E (efficiency reference value for separate power generation.
c)			Calculation of energy saving using alternative calculation methods in accordance with Article 12 (2) of Directive 2004 /8/EC.
-				If the primary energy savings for a process are calculated in accordance with Article 12 (2) of Directive 2004 /8/EC, they shall be found in accordance with the formula: b of this Annex, where "KWK W (" is replaced by "W (") and "KWK E (") by "E (").
-				W (designates the heat efficiency of the process defined as annual heat generation in relation to the fuel used for the production of the sum of heat generation and power generation.
-				E (designates the electrical efficiency of the process, defined as annual electricity production in relation to the fuel used for the sum of heat and power generation. When a cogeneration unit generates mechanical energy, an additional value corresponding to the quantity of electricity equivalent to the quantity of mechanical energy can be added to annual cogeneration electricity generation. This additional value does not entibe the person to issue proof of origin in accordance with § 72.
d)			For the calculation according to the lit. b and c may be used for other reporting periods than one year.
e)			The calculation of primary energy savings can be based on certified data for small CHP plants.
f)			Efficiency reference values for the separate generation of electricity and heat.
			Based on the principles for the determination of the efficiency reference values for the separate production of electricity and heat in accordance with § 71 and the formula below lit. B) This plant is to determine the operating efficiency of the separate generation of electricity and heat to be replaced by cogeneration.
			The efficiency reference values shall be calculated in accordance with the following principles:
1.				The principle that the same categories of primary energy carriers shall be compared shall apply when comparing cogeneration blocks in accordance with Article 3 with installations for separate electricity production.
2.				Each cogeneration unit is compared with the best commercially viable and economically justifiable technology for the separate production of heat and electricity in the year of the construction of this cogeneration block on the market.
3.				The efficiency reference values for cogeneration units, which are more than ten years old, are determined on the basis of the reference values of blocks which are ten years old.
4.				The efficiency reference values for the separate production of electricity and heat must reflect the climatic differences between the Member States.

Article 2

Federal Law on the Regulatory Authority in the Electricity and Gas Industry (Energy-Control-Law-E-ControlG)

Constitutional provision

§ 1. (1) (constitutional provision) The dismissal, repeal and the enforcement of regulations, as contained in this Federal Act, are also in the matters of the Federal Republic of Germany, with regard to which the B-VG determines otherwise. The matters governed by this Federal Act may be directly concerned by the bodies provided for in those provisions.

(2) This federal law implements:

1.		Directive 2009 /72/EC on common rules for the internal market in electricity and repealing Directive 2003 /54/EC, OJ L 136, 30.4.2003, p. No. OJ L 211, 14.08.2009 p. 55, and
2.		Directive 2009 /73/EC on common rules for the internal market in natural gas and repealing Directive 2003 /55/EC, OJ L 327, 31.12.2003, p. No. OJ L 211, 14.08.2009 p. 94.

Establishment of the regulatory authority

§ 2. (1) In order to carry out regulatory tasks in the field of electricity and natural gas, a public-law institution shall be called 'Energy-Control Austria for the regulation of the electricity and natural gas industry (E-Control)'. with its own legal personality.

(2) The seat of this institution is Vienna. Its scope of action extends to the entire Federal territory. She is entitled to lead the federal coat of arms. She is a company in the sense of the corporate code-UGB, dRGBl. S 219/1897, and is to be recorded in the company's book at the Commercial Court of Vienna.

Definitions

§ 3. For the purposes of this Federal Law, the term "

1.		"Agency" means the Agency established by Regulation (EC) No 713/2009 of the European Parliament and of the Council establishing an Agency for the Cooperation of Energy Regulators, OJ L 327, 30.4.2009, p. No. 1., established Agency for the Cooperation of Energy Regulators;
2,		"Regulation (EC) No 713/2009" of Regulation (EC) No 713/2009 of the European Parliament and of the Council establishing an Agency for the Cooperation of Energy Regulators, OJ L 327, 30.4.2009, p. No. OJ L 211, 14.08.2009 p. 1;
3.		"Regulation (EC) No 714/2009" Regulation (EC) No 714/2009 of the European Parliament and of the Council on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003, OJ L 145, 31.5.2009.. No. OJ L 211, 14.08.2009 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 L 327, 30.11.2009, p. No. OJ L 211/36, 14.08.2009 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 L 139, 30.4.2009, p. No. OJ L 211, 14.08.2009 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 L 139, 30.4.2009, p. No. OJ L 211, 14.08.2009 p. 94.

General objectives

§ 4. In the performance of regulatory tasks, E-Control shall, in the context of its tasks and powers, and, where appropriate, in cooperation with other relevant national authorities, in particular the competition authorities, and without prejudice to their Responsibilities and, without prejudice to the responsibility of the Federal Minister for Economic Affairs, the Family and Youth in matters relating to the highest energy policy, all appropriate measures to achieve the following objectives:

1.		Promoting-in close cooperation with the Agency, the regulatory authorities of the Member States and the European Commission-a competitive, safe and environmentally sustainable internal market in electricity and natural gas in the Community and effective market opening for all customers and suppliers in the Community, as well as ensuring appropriate conditions to ensure that electricity and gas networks are effective and reliable, taking into account the long-term objectives are operated;
2.		the development of competitive and functioning regional markets in the Community in order to achieve the objectives set out in Z 1;
3.		Repeal of existing restrictions on trade in electricity and natural gas between Member States, including the establishment of appropriate cross-border transmission capacity with a view to satisfying demand and the to promote the integration of national markets in order to facilitate the flow of electricity and gas within the Community;
4.		Contributions to the most cost-effective realization of the development of consumer-oriented, safe, reliable and efficient non-discriminatory systems, as well as the promotion of the adequacy of the systems and, in accordance with the the general objectives of energy policy, energy efficiency and the integration of electricity and gas from renewable energy sources and decentralised production on a small and large scale both in the transmission and/or transmission networks as well as distribution networks;
5.		To facilitate the connection of new production and extraction systems to the network, in particular by removing obstacles to the access of new entrants and the feed-in of electricity or natural gas from renewable energy sources could be;
6.		ensure that network operators and network users are given adequate incentives in the short term, as well as in the long term, to ensure efficiency gains in network performance and to promote market integration;
7.		measures to ensure that customers benefit from the efficient functioning of the national market, the promotion of effective competition and contributions to the protection of consumers;
8.		contributions to the achievement of high standards in ensuring the provision of basic services and the fulfilment of public service obligations in the field of electricity and gas supply, for the protection of disadvantaged customers and in the interest of the Compatibility of the data exchange procedures required for customer switching.

Organs

§ 5. (1) E-Control bodies are:

1.		the Management Board,
2.		the regulatory commission,
3.		the Supervisory Board.

(2) The institutions of E-Control and their members shall not be bound by any instructions except for the matters referred to in paragraph 4 in the performance of their duties, and shall act independently of market interests. In particular, they shall not exercise any functions which endanger their independence. Members of the Federal Government, a state government, a general representative body or the European Parliament shall not be members of the E-Control bodies.

(3) The Federal Minister for Economic Affairs, Family and Youth has the right to inform himself at any time about all matters of management and task performance. All bodies of E-Control shall reply to the Federal Minister for Economic Affairs, Family and Youth without delay and upon request in writing, all questions relating to this matter.

(4) Die im ÖSG, Energielenkungsgesetz, KWK-Gesetz, § 69 ElWOG, BGBl. I No 143/1998, as amended by the Federal Law of the Federal Republic of Germany (BGBl). No 112/2008, § 92 ElWOG 2010 and § 59 GWG of E-Control are concerned by the E-Control under the direction and following the instructions of the Federal Minister for Economic Affairs, Family and Youth.

Board

§ 6. (1) The Management Board of E-Control consists of two members.

(2) The members of the Executive Board shall be appointed by the Federal Minister for Economic Affairs, Family and Youth; the one-time reappointment shall be admissible. The operating period shall be five years.

(3) The members of the Board of Management must be competent persons in the field of energy who have the right to vote for the National Council. The Executive Board can be appointed

1.		is personally and technically suitable for the performance of the Office,
2.		has completed a legal, economic or technical studies, and
3.		has at least five years of professional experience in the field of energy management.

(4) The Executive Board shall not exercise any further activity for the duration of its function, which is impeded in the performance of its duties or is likely to cast doubt on its full unpartiality, or other essential interests of its This applies in particular to those in Section 4 of the Incompatibility Act 1983, BGBl. No 330/1983, circumscribed activities.

(5) Before placing the order, the Federal Minister for Economic Affairs, Family and Youth has to arrange for a call for tenders; the Recruitment Act in 1998, BGBl. I n ° 26/1998, shall apply. The service contract with the appointed Executive Board shall be concluded for the E-Control of the Supervisory Board.

(6) (constitutional provision) Prior to the appointment by the Federal Minister, a hearing shall be held in the relevant committee of the National Council.

Tasks of the Executive Board

§ 7. (1) The Management Board shall conduct the service and shall conduct the business of E-Control. It is responsible for the errands of all tasks assigned to the E-Control, which are not assigned to the regulatory commission or to the supervisory board by law. The Management Board represents the E-Control to the outside world.

(2) The Management Board has to adopt its Rules of Procedure. In the Rules of Procedure, it is necessary to ensure that the tasks of E-Control are concerned in a lawful, appropriate, economic and economical manner. In particular, the Rules of Procedure shall govern the conditions under which the Management Board may be represented by E-Control without prejudice to its own responsibility. The Rules of Procedure are to be published on the homepage of E-Control.

(3) The Management Board shall take all the necessary organisational arrangements to enable the E-Control bodies to fulfil their tasks.

(4) The Management Board regularly reports to the Supervisory Board about the development of the energy markets, the main areas of activity and the course of the business of E-Control, as well as the substantial deviations from the budget. The Executive Board shall report on extraordinary events without delay to the Chairman of the Supervisory Board.

Function duration of the board

§ 8. (1) The function of a member of the Executive Board of E-Control shall end

1.		at the end of the operating period,
2.		, with the reconsideration of the function after discussion and coordination with the Supervisory Board,
3.		with the convening of the convocation by the Federal Minister for Economic Affairs, Family and Youth pursuant to paragraph 3.

(2) The reconsideration of the function as a member of the Executive Board shall be announced in writing to the Supervisory Board and the Federal Minister for Economic Affairs, Family and Youth. The Federal Minister for Economic Affairs, Family and Youth will arrange the appointment of a new member of the Executive Board.

(3) The Federal Minister for Economic Affairs, Family and Youth has to convene a member of the Executive Board for important reasons, if:

1.		the fact that an order requirement has not been given or has fallen away,
2.		permanent inability to perform the function occurs or if the board of directors is absent from the service for more than half a year as a result of illness, accident or a billboard; or
3.		a conviction by a national court for one or more offences committed with an attachment to a custodial sentence of imprisonment, if the sentence passed exceeds one year, or the unconditionally contented sentence Imprisonment exceeds six months.

Legal protection

§ 9. (1) Decisions of the Board of Management of E-Control, insofar as they are not referred to in paragraph 2, matters of section 5 (4) and administrative criminal matters, are not subject to the repeal or amendment in the administrative path.

(2) The E-Control Board of Regulators shall decide on complaints against decisions of the Board of Management of E-Control on matters relating to the determination of the cost base in accordance with Section 48 (1) ElWOG 2010. The Board of Management has to provide experts to the Board of Regulators who do not participate directly or indirectly in the decisions of the Executive Board pursuant to § 48 paragraph 1 ElWOG 2010. In the performance of their duties for the regulatory commission, the experts shall not be subject to instructions from the Board of Management and shall act independently. The General Administrative Procedure Act 1991-AVG, BGBl. No 51/1991, it is reasonable to apply; the provisions of Section 7 of the AVG also apply to these experts, in particular Article 7 (1) Z 4 of the AVG.

(3) On appeals against decisions of the Board of Management of E-Control in matters of matters under the direction and instructions of the Federal Minister for Economic Affairs, Family and Youth (Section 5 (4)), the Federal Minister for Economic Affairs, Family and Youth.

(4) Decisions of the Regulatory Commission of E-Control shall not be subject to the repeal or amendment in the administrative procedure. All decisions of the Regulatory Commission of E-Control may be brought to the Administrative Court.

(5) E-Control may lodge a complaint against decisions of the independent administrative body which has the subject of an official act of E-Control on the grounds of illegality to the Administrative Court.

Regulatory Commission

§ 10. (1) The Regulatory Commission of E-Control consists of five members appointed by the Federal Government. A Member of the Commission shall be part of the judge's stand. When ordering, the Federal Government has to pay attention to a three-way proposal by the President of the Supreme Court. The appointment of the other members shall be made on a proposal by the Federal Minister for Economic Affairs, Family and Youth. It should be borne in mind that at least one member shall have legal and/or economic knowledge of technical and other members. The functioning period of the members of the regulatory commission shall be five years. A one-time reorder is allowed.

(2) For each member, the Federal Government shall appoint a substitute member. The substitute member shall take his place in the event of the Member's prevention.

(3) Only those who have the right to vote for the National Council may be appointed as a member of the Regulatory Commission of E-Control.

(4) A member of the Board of Regulators shall not exercise any further activity for the duration of his/her function, which is impeded in the performance of his duties or is capable of casting doubt on his or her full inconvenience, or any other This applies in particular to the essential interests of its function; this applies in particular to those in Section 4 of the Incompatibility Act 1983, BGBl. No 330/1983, circumscribed activities.

(5) The function as a member of the Regulatory Commission of E-Control shall end

1.		at the end of the operating period,
2.		with the withdrawal of the function to be communicated to the Federal Government in writing by the Federal Chancellor,
3.		with the convocation of the convocation by the Federal Government pursuant to paragraph 6.

(6) The Federal Government has to convene the relevant member of the Regulatory Commission of E-Control for important reasons if:

1.		the fact that an order requirement has not been given or has fallen away,
2.		permanent inability to perform the function occurs or if the member concerned is absent from the service for more than half a year as a result of illness, accident or a charge; or
3.		a conviction by a national court for one or more offences committed with an attachment to a custodial sentence of imprisonment, if the sentence passed exceeds one year, or the unconditionally contented sentence Imprisonment exceeds six months.

(7) The provisions of paragraphs 1, 3, 4, 5 and 6 shall apply mutasensitily to replacement members.

(8) If a member divorces prematurely, the substitute member concerned shall become a member of the regulatory commission. For the period up to the end of the period of operation of the retired member, a new replacement member shall be ordered without delay under the application of para. 1, 2 and 3.

(9) The members of the Board of Regulators shall be entitled to reimbursement of the appropriate travel expenses and cash expenses, as well as to a meeting allowance provided by the Federal Minister for Economic Affairs, the Family and Youth in agreement with the Federal Minister for Finance , to determine the importance and extent of the tasks to be taken by the regulatory commission as an institution of E-Control by means of a regulation.

(10) In the course of its activities for the regulatory commission, the staff of E-Control shall be bound by the instructions of the Chairperson or of the member designated in the Rules of Procedure.

Functioning of the Regulatory Commission

§ 11. (1) The judicial member shall be chaired by the regulatory commission.

(2) The regulatory commission shall act by a simple majority of the votes; abstention shall be inadmissible.

Duties of the Regulatory Commission

§ 12. (1) (constitutional provision) The Regulatory Commission of E-Control is responsible for the modest completion of the following tasks:

1.		the determination as to whether the establishment, extension or modification of a natural gas pipeline is incompatible with the objective of Section 3 of the GWG or that the network operator is prevented from fulfilling the obligations imposed on it in accordance with § 4 (Section 47 (3) of the GWG);
2.		the prohibition of the application of conditions for the electricity and natural gas sector which are applicable to final consumers and which are contrary to a legal prohibition or to good customs, in particular on the basis of an indication in accordance with § 80 ElWOG 2010 and § 40 GWG;
3.		the decisions on refusal of access to the network in accordance with Section 21 (2) ElWOG 2010;
4.		the mediation of disputes in accordance with § 22 ElWOG 2010;
5.		the mediation of disputes in matters relating to § 30 (3) (2) of the ElWOG 2010;
6.		the granting of authorisations to carry out the activities of a transmission system operator and of a distribution system operator (Section 13 of the GWG) and withdrawal in accordance with Section 38a of the GWG;
7.		the findings pursuant to Section 39a (3) of the GWG;
8.		The release of certificates in accordance with Section 31h (2) and (4) of the GWG;
9.		the measures to safeguard the supply of natural gas (Article 38e GWG);
10.		the approval of the general conditions of the control zone guide (§ 12h GWG) and of the distribution companies (§ 26 GWG), the general conditions for cross-border transports of the transmission system operators, or Holders of transport rights (§ 31g GWG);
11.		the decisions on refusal of access to the system in accordance with Section 19 (4) of the GWG;
12.		the mediation of disputes in accordance with § 21 GWG;
13.		the mediation of disputes in matters relating to section 39 (4) of the GWG;
14.		the determination as to whether, with regard to a State, the conditions for the application of the Network Refusing State are met in accordance with Article 19 (1) (4) of the GWG;
15.		the decision on the exemption from the obligation to grant access to the network in accordance with Section 20 (4) of the GWG.

(2) (constitutional provision) The Regulatory Commission of E-Control is responsible for the release of regulations in the following matters:

1.		the determination of system usage fees with regulation in accordance with § 51 ElWOG 2010, § 23c GWG;
2.		the omission of regulations pursuant to Section 12f of the GWG;
3.		the omission of regulations pursuant to Section 39a (2) of the GWG;
4.		the release of regulations pursuant to section 20 (6) of the GWG;
5.		the fixing of fixed prices in accordance with Section 23e of the GWG with Regulation;
6.		the omission of regulations pursuant to Section 31h (5) of the GWG;
7.		the release of regulations amending the annexes contained in the GWG.

(3) In the cases referred to in points (1) (3) (3) to (5) and (Z) (11) to (15), the regulatory commission shall adopt the communication within two months from the date of application. This period shall be extended by two months if the Authority requests additional information. With the agreement of all parties involved in the proceedings, a further extension of the time limit shall be allowed. In the sense of § 1 of the Executive Order, RGBl is an order of performance, omission or failure to provide an excerctive title. No. 79/1896.

(4) (constitutional provision) The Party, which is not satisfied with decisions pursuant to paragraphs 1, Z 4, 5 and 12, may make the case pending before the competent court within four weeks of the date of notification of the decision. The final decision of the Court of First Instance disclaims the decision of the regulatory commission. A decision on a request for a re-establishment of a reinstatement against the expiry of the time limit shall be taken by the court; the application for re-establishment shall be brought directly to the court of law.

Supervisory Board

§ 13. (1) The Supervisory Board shall consist of the Chairman, the Vice-Chairman of the Chairperson and two other members. The members are to be ordered by the Federal Government on a proposal from the Federal Minister for Economic Affairs, Family and Youth. Members of the Supervisory Board may only be appointed to appoint persons who are personally and professionally qualified and who have special knowledge of economic, business, technological or economic and consumer protection law and experience in the field of energy. § 110 of the Labour Constitution Act, BGBl. No 22/1974, it is appropriate to apply it.

(2) The duration of the function period of the members of the Supervisory Board shall be five years; the reappointment shall be admissible.

(3) A member of the Board of Supervisors shall not exercise any further activity for the duration of his/her function, which is impeded or liable to discharge his/her duties, or which is likely to cause him/her to remain in doubt, or to have other essential elements. The interests of his function are at risk; this applies in particular to those in Section 4 of the Incompatibility Act 1983, BGBl. No 330/1983, circumscribed activities.

(4) The function of a member of the Supervisory Board shall end:

1.		at the end of the operating period,
2.		by rejecting the function,
3.		by the convocation referred to in paragraph 5.
In the case of Z 2 and 3, a new member must be ordered immediately for the duration of the remaining operating period of the retired member.

(5) The Federal Government has to convene members of the Supervisory Board on a proposal from the Federal Minister for Economic Affairs, Family and Youth, if:

1.		a condition for placing an order,
2.		It subsequently emerged that an order requirement was not met,
3.		permanent inability to perform the function occurs or
4.		a conviction by a national court for one or more offences committed with an attachment to a custodial sentence of imprisonment, if the sentence passed exceeds one year, or the unconditionally contented sentence Imprisonment exceeds six months.

Functioning of the Supervisory Board

§ 14. (1) The Supervisory Board shall adopt its rules of procedure.

(2) The Chairman of the Supervisory Board (substitute) shall convene a meeting of the Supervisory Board without delay, stating the agenda, at least once in each calendar quarter and on a matter of important occasion. The meeting shall take place within two weeks of the convening.

(3) Each member of the Supervisory Board and the Executive Board may, for important reasons, require the Supervisory Board to be convened without delay.

(4) The Supervisory Board shall have a quorum if at least three members, including the Chairperson or his deputy, are present. The Supervisory Board shall take its decisions with a simple majority of votes. In the event of equality of votes cast, the Chair shall vote; abstention shall be inadmissible.

(5) The meetings of the Supervisory Board shall be subject to a protocol. This is to be signed by the Presidency-in-Office of the Supervisory Board. More detailed arrangements must be made in the rules of procedure of the

(6) circulation decisions are only permitted unless a member of the supervisory board contradicts. Circulatory decisions can only be taken with the majority of votes of all Members; abstention is inadmissible. Circulatory decisions shall be recorded in writing by the chairman (deputy); the outcome of the decision-making shall be reported at the next meeting of the Supervisory Board.

(7) The members of the Supervisory Board shall be entitled to receive appropriate remuneration from E-Control, the amount of which shall be determined by the Federal Minister for Economic Affairs, the Family and Youth.

Tasks of the Supervisory Board

§ 15. (1) The Supervisory Board supervises the management of E-Control.

(2) Tasks of the Management Board of E-Control may not be transferred to the Supervisory Board. However, the approval of the Supervisory Board shall require:

1.		the double budget to be established by the Management Board for two consecutive financial years;
2.		Investments exceeding EUR 150 000 are not authorised by the investment planning in question and do not result in a reduction in the budget;
3.		investments which result in a reduction in budget;
4.		the acquisition, sale and loading of real estate;
5.		the annual accounts to be established by the Management Board;
6.		the Rules of Procedure pursuant to Section 7 (2) and the amendment thereof;
7.		the conclusion of service contracts with senior executives and termination of the service relationship and the establishment of principles for the granting of bonuses and pension commitments to senior executives;
8.		the inclusion of borrowings, loans and loans which exceed a certain amount to be determined by the Supervisory Board in the individual and in total in a financial year;
9.		the annual plan for public relations work.

(3) The Supervisory Board appoints the auditor and relieves the members of the Executive Board in connection with the approval of the annual financial statements (§ 32).

Tasks of the Supervisory Board with regard to the Management Board

§ 16. (1) If a reason is known to the Supervisory Board pursuant to Section 8 (3), it shall immediately inform the Federal Minister for Economic Affairs, Family and Youth, unless it is to be dealt with in accordance with paragraph 2.

(2) If a member of the Executive Board contains provisions of this Federal Act, of a federal law or of the Rules of Procedure transferred pursuant to Section 21 of the E-Control, the Supervisory Board shall call upon the member of the Executive Board in writing, to immediately establish the lawful condition.

Gebarungskontrolle

§ 17. EControl is subject to review by the Court of Auditors.

Parliamentary control

§ 18. The relevant committees of the National Council and of the Bundesrat may require the presence of a member of the Management Board or the entire Board of Management of E-Control at committee meetings and they may be present on all matters relating to the management of the Board of Directors. .

Regulatory Advisory Council

§ 19. (1) A Advisory Board shall be set up with the regulatory authority for advice on matters to be carried out by the regulatory authority.

(2) The Advisory Board shall in particular:

1.		the discussion of the system use rates to be determined and the underlying cost base, the harmonisation of general conditions for the operators of transmission and distribution networks, in particular with regard to the best possible the handling of access to the network in the Austrian economic area, as well as the safeguarding of the interests of consumer protection;
2.		the evaluation of other regulations issued by the regulatory authority on the basis of this Federal Law, the GWG and the ElWOG 2010.

(3) In addition to the Chairperson, the Advisory Board shall include:

1.		Two representatives of the Federal Ministries of Economy, Family and Youth, for Agriculture, Forestry, Environment and Water Management, and for Labour, Social Affairs and Consumer Protection;
2.		a representative of the Federal Ministry of Finance;
3.		one representative of the Austrian Chamber of Commerce, the Chamber of Agriculture of Austria, the Federal Chamber of Labour and the Austrian Trade Union Confederation;
4.		a representative of the Industrial Association and of the Association for Consumer Information, and
5.		two representatives of the federal states.
A substitute member shall be appointed for each member.

(4) The Board of Management of the regulatory authority shall be chaired by the Board of Directors. The representatives of the Federal Ministries referred to in paragraph 3 (1) (1) and (2) shall be appointed by the relevant Federal Ministers and all other members on a proposal from the sending bodies by the Board of Management of the regulatory authority.

(5) The members of the Advisory Forum and the members of the replacement shall, in so far as they are not officials, be required by the Chairman of the Advisory Board to conscientious performance of their duties and shall be subject to the performance of their duties. Official secrecy. The work of the members of the Advisory Board is a volunteer.

(6) The Board of Management has to adopt a rules of procedure for the Regulatory Advisory Board, which is to be decided by the Board of Regulators for a majority of the same. In particular, the Rules of Procedure shall specify the conditions under which a decision is taken in the Advisory Council and the convening of the Board of Regulators. If the regulatory authority fails to adopt a majority decision recommendation of the Board of Regulators, this shall be justified in writing by the regulatory authority vis-à-vis the regulatory advisory board.

(7) Members of the Board of Regulators, the Board of Regulators and staff of the regulatory authority directly concerned with matters to be discussed shall be entitled to participate in the meetings of the Regulatory Board without the right to vote. Other experts may be consulted after the majority approval of the members of the Advisory Board.

Energy Council

§ 20. (1) In order to advise the Federal Minister for Economic Affairs, Family and Youth and E-Control on general and fundamental issues relating to energy policy, as well as in matters of support policy and the green electricity, an energy council is established.

(2) In the sense of paragraph 1 above, the Advisory Board shall in particular:

1.		advising on the granting of subsidies by means of investment grants in accordance with the ÖSG, heat and refrigeration equipment law and cogeneration law;
2.		the evaluation of regulations issued by the Federal Minister for Economic Affairs, Family and Youth on the basis of this federal law, the ElWOG 2010, the ÖSG, the KWK-Gesetz and the GWG.

(3) In addition to the Chairperson, the Advisory Board shall include:

1.		Two representatives of the Federal Ministries of Economy, Family and Youth as well as for Agriculture, Forestry, Environment and Water Management;
2.		one representative of the Federal Ministries of Finance and of Labour, Social Affairs and Consumer Protection;
3.		a representative of each of the federal states and one representative of the Austrian Association of Cities, the Austrian Association of Municipal Debates and the Federation of Industrialists, and
4.		a representative of the Austrian Chamber of Commerce, the Chamber of Agriculture of Austria, the Federal Chamber of Labour and the Austrian Trade Union Confederation.
A substitute member shall be appointed for each member.

(4) The Chairman shall be appointed by the Federal Minister for Economic Affairs, Family and Youth, the representatives of the Federal Ministries referred to in Section 3 (1) and (2) shall be appointed by the relevant Federal Ministers and all other members, on a proposal by the Federal Ministry of Economics and Technology. to be appointed by the Federal Minister for Economic Affairs, Family and Youth. In the event of an obstacle, the chairman is represented by a member of the advisory board of the Federal Ministry for Economic Affairs, Family and Youth.

(5) Members of the Advisory Board and of the substitute members, in so far as they are not officials, shall be required by the Chairman of the Advisory Board to perform their duties in a conscientious manner and shall be subject to the performance of their duties of the Advisory Board. Official secrecy. The work of the members of the Advisory Board is a volunteer.

(6) A point of order must be adopted for the Energy Council, the majority of which shall be adopted by the Energy Council. The Rules of Procedure shall in particular lay down the conditions under which a decision is taken in the Advisory Council and the convening of the Energy Council. In particular, provision should be made in the Rules of Procedure to allow decisions to be taken by means of circulatory decisions.

(7) Staff members of the Board of Regulators shall be entitled to participate in the meetings of the Energy Council without the right to vote, as well as directly with substantive issues to be discussed. Other experts may be consulted after the majority approval of the members of the Advisory Board.

(8) In the deliberations on the granting of grants by means of investment grants in accordance with the ÖSG, Heat and Refrigeration Equipment Act and the KWK-Gesetz pursuant to Section 2 (2) (1), a representative of each of the members of the National Council represented in the Main Committee of the National Council has also been Parliamentary clubs should be part of the advisory board. These representatives shall apply paragraphs 3 to 5 in accordance with the relevant application.

Duties of the regulatory authority

§ 21. (1) (constitutional provision) E-Control is responsible for the tasks assigned to it by this federal law, and in particular by the following laws, the regulations based on it, and the EU law:

1.		Federal Law, which regulates the organization in the field of the electricity industry (Electricity Economic and Organization Act 2010-ElWOG 2010), BGBl. I No 143/1998;
2.		Federal Law, which regulates the conditions of exercise, the tasks and the powers of the settlement agencies for transactions and price formation for the balancing energy, BGBl. I No 121/2000;
3.		Federal Law, with which new regulations in the field of natural gas industry are enacted (Gaswirtschaftsgesetz-GWG), BGBl. I No 121/2000;
4.		Federal Law on Steering Measures for the Security of Energy Supply (Energy Law 1982), BGBl. No 545/1982;
5.		Federal Law, with which new regulations in the field of electricity generation from renewable energy sources and in the field of combined heat and power generation are enacted (Ökostromgesetz-ÖSG), BGBl. I No 149/2002;
6.		Federal Law, which reenact provisions in the field of combined heat and power (CHP) law, BGBl. 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/EEC;
11.		Guidelines on the basis of Directive 2009 /73/EC.

(2) E-Control makes investigations and reports opinions and opinions on the market and competition conditions in the electricity and natural gas sector.

(3) E-Control takes the regulators by the Federal Act against Cartels and other restrictions on competition (Cartel Act 2005-KartG 2005), BGBl. I No 61/2005, the right to request and the opinion is true.

(4) Within the framework of the subject areas covered by the laws referred to in paragraph 1, both E-Control and members of its staff may be considered as independent experts in judicial and administrative proceedings. For this activity, the E-Control is to be reimbursed for an appropriate fee.

(5) In procedures for the granting of exemptions for new infrastructures (Article 20a GWG or Article 17 of Regulation (EC) No 714/2009), provided that the Agency is not competent, and in proceedings pursuant to § 34 bis § 35 ElWOG 2010, the E-Control of the European Commission to forward a reasoned draft decision with all relevant information.

(6) E-Control shall implement all relevant legally binding decisions of the Agency and the European Commission and shall implement them.

Framework conditions

§ 22. In the course of the implementation of its regulatory tasks, the E-Control

1.		to draw up and publish in an appropriate manner, in cooperation with market participants, other market rules,
2.		to develop and make available technical and organisational rules for operators and users of networks, in cooperation with the operators of electricity networks,
3.		Current or To produce and publish natural gas price comparisons for end users (tariff calculator),
4.		to take the necessary steps to comply with the immediate requirements of the European Union and to contribute to the further development of the European internal energy market,
5.		to publish, in an appropriate manner, general information on their activities,
6.		as a central point of information, to keep consumers informed of their rights, the applicable law and the dispute settlement procedures available in the event of a dispute,
7.		ensure compatibility at the regional level of all data exchange processes relevant to market processes, in cooperation with market participants,
8.		to make recommendations annually on the conformity of energy prices with Article 3 of Directives 2009 /72/EC and 2009 /73/EC.

Regulatory system for pan-European regional and cross-border aspects

§ 23. (1) E-Control is working on the further development of the European internal energy market, including regional markets. It shall consult the regulatory authorities of other Member States and the Agency, shall cooperate closely with them and the Member States, and shall communicate to them all those responsible for the performance of their tasks pursuant to Directives 2009 /72/EC and 2009 /73/EC , as well as the information required by Regulations 713/2009, 714/2009 and 715/2009. With regard to the exchange of information, the E-Control is bound to the same degree of confidentiality as the information issuing authority.

(2) E-Control shall, in particular, carry out the following tasks in order to ensure the creation of a single market in competition for electricity and natural gas as well as a high degree of security of supply:

1.		to promote the coherence of legislation, the regulatory framework and the technical framework;
2.		creation or Promotion of uniform rules to ensure optimal network management and the efficient allocation of limited transmission capacity, including, where appropriate, electricity and/or electricity. Gas exchanges;
3.		the creation of a framework for sufficient interconnection capacity within and between regions;
4.		Promotion of cooperation between transmission system operators and Transmission system operators;
5.		coordinate the development of all network codes for the transmission and transmission system operators concerned and other market participants regionally and nationally; and
6.		coordinate the development of congestion management rules in order to achieve as uniform a definition as possible.

The measures referred to in paragraph 2 shall, where appropriate, be carried out in coordination with other relevant national authorities and without prejudice to their own competences.

(4) E-Control shall cooperate with regulatory authorities of other Member States.

(5) The Management Board may provide E-Control staff for training or further training purposes, as national experts or for their further service use to a regulatory authority of another Member State of the European Union, to the Agency or to the European Commission.

Supervisory and supervisory functions

§ 24. (1) The E-Control shall be within the limits of the electricity or Supervision of natural gas, without prejudice to the responsibilities of the general competition authorities, shall be subject to the following supervisory and supervisory tasks:

1.		Monitoring of compliance with all market participants by the ElWOG 2010, GWG, the Federal Law, which provides for the conditions of exercise, the tasks and the powers of the clearing houses for transactions and price formation for the balancing energy , BGBl. I n ° 121/2000, and the regulations adopted pursuant to this Act and the obligations entrusted to them by direct applicable EU law;
2.		Competition supervision of market participants, in particular network operators, with regard to equal treatment;
3.		Monitoring of unbundling.

(2) In the performance of its tasks as referred to in paragraph 1, the E-Control may apply the production of the lawful condition within a reasonable period of time with a communication. At each stage of the procedure, the E-Control shall act on agreement with the persons concerned.

Special supervisory and supervisory functions in relation to transmission network and/or Transmission system operators

§ 25. (1) E-Control shall be in the area of the unbundling of the transmission system or transmission system. Transmission operators shall also be assigned the following supervisory and supervisory tasks:

1.		If an independent network operator has been appointed in accordance with § 25 ElWOG 2010:
a.			Monitoring of communications and contractual relations between the independent network operator and the owner of the transmission and/or transmission system the transmission system to ensure that the independent network operator is in compliance with its obligations;
b.			Approval of contracts between the independent network operator and the owner of the transmission or transmission system. Transmission network, if the contracts do not contradict § 25 to § 27 ElWOG 2010.
2.		If according to § 28 ElWOG 2010 an independent transmission system operator or transmission or transmission system Transmission system operator in accordance with § 33 ElWOG 2010 has been named:
a.			Verification of correspondence between the vertically integrated electricity or electricity Natural gas undertakings and the transmission and/or Transmission system operators to ensure that they comply with their obligations;
b.			the continuous monitoring of commercial and financial relations, including loans, and the approval of the agreements in question between the vertically integrated electricity and/or Natural gas undertakings and the transmission and/or Transmission system operators;
c.			Transfer of the tasks of the independent transmission system operator or the independent transmission system operator or transmission or transmission system; Transmission system operator in accordance with § 33 ElWOG 2010 to a designated independent network operator in accordance with § 25 ElWOG 2010, provided that the independent transmission system operator or Independent transmission system operator repeatedly violates § 28 bis § 32 ElWOG 2010.

(2) In the event that this is necessary to obtain information from business documents, the Cartel Court has, at the request of the E-Control, in the presence of the reasonable suspicion of an infringement of the unbundling regulations pursuant to § 24 bis § § 35 ElWOG 2010 to arrange a house search.

(3) The house search is to be ordered by the chairman of the Senate in the proceedings in addition to disputes with decision. Only the legal remedy of the recurrent shall be open to the decision; the latter shall not have suspensive effect. With the implementation of the house search, the E-Control is to be commissioned, which orders the house search warrant to the owners of the companies and their representatives, in the case of legal persons and part-legally-capable partnerships which are according to law or The statutes for the representation of professional persons must be delivered in the same way or within twenty-four hours.

(4) § 121 para. 2 StPO, BGBl. No 631/1975, shall apply mutatily. E-Control has the power to do so in the case of house searches,

1.		business documents, irrespective of the form in which they are available, to be viewed and examined or to be reviewed and examined by appropriate experts, and the copies and extracts of the documents to be submitted;
2.		require, on the spot, all the information necessary for the conduct of investigations.

(5) In the case of a house search arranged on the basis of para. 1, the person at which the house search is to be made shall be subject to the conditions of the search for the house, unless this would be the result of the investigation. Danger in default endanger. If the holder of business documents does not wish to permit the search or inspection of the aforementioned house searches, such documents shall be secured against unauthorised inspection or alteration in a suitable manner. and to the cartel court; they may not be searched or viewed before. The cartel court has to review the documents and, by decision of the Senate Chairman, decide whether and to what extent they may be searched, viewed and signed and excerpts from it may be made out of it or the holder to be returned. This decision shall only be open to the legal remedy of the recurrce. This does not have a suspensive effect.

(6) The bodies of the public security service shall provide assistance to E-Control over their requests to secure the search for house searches within the framework of their legal action.

Mediation of disputes

§ 26. (1) Without prejudice to the competence of the regulatory commission in accordance with Article 11 and the ordinary courts, any person concerned, including system users, suppliers, network operators, other electricity and natural gas undertakings, or Representations of interests dispute or appeal cases, in particular concerning arbitration of disputes between electricity and/or electricity Natural gas undertakings and market participants, from disputes arising from the settlement of electricity and natural gas supplies as well as of system use charges, which submit e-control. E-Control has committed itself to finding a friendly solution within six weeks. In dispute settlement cases, the consumers in the sense of the Consumer Protection Act, BGBl. No 140/1979, the Bundesarbeitskammer (Federal Chamber of Labour) must be required to be involved. The electricity or Natural gas undertakings shall be obliged to participate in the dispute settlement, to provide all information necessary for the assessment of the facts and, where appropriate, to submit a proposal for a solution.

(2) E-Control shall be able to provide expert advice in case of dispute settlement. It can take them from their personnel status.

(3) If the E-Control is referred to as the arbitration body, the due date of the amount invoided shall be deferred until the settlement of the dispute is settled. However, irrespective of this, an amount equal to the average of the last three invoice amounts may also be immediately due. Amounts raised too much are to be reimbursed together with the statutory interest from the day of collection.

(4) The E-Control has to submit a report annually to the Federal Ministry for Economic Affairs, Family and Youth, the Federal Ministry of Labour, Social Affairs and Consumer Protection and the Board of Regulators for a report on the pending cases of concretions.

(5) In the context of the dispute settlement, the AVG shall not apply. The E-Control has to draw up procedural guidelines for the dispute resolution and to publish it on the Internet.

Compliance with the guidelines

§ 27. (1) E-Control shall be obliged to comply with the guidelines adopted pursuant to Directive 2009 /72/EC, Directive 2009 /73/EC, Regulation 714 /2009/EC and Regulation 715 /2009/EC. It may ask the Agency for an opinion on whether a decision it has taken is in accordance with the guidelines adopted. The procedure shall be governed by Article 39 of Directive 2009 /72/EC, or Article 43 of Directive 2009 /73/EC.

(2) E-control has, within two months after the date of revocation of the decision by the European Commission, has received the decision in accordance with Article 39 (8) of Directive 2009 /72/EC, or , in accordance with Article 43 (8) of Directive 2009 /73/EC, to repeal or amend its decision and to inform the European Commission thereof.

(3) If E-Control considers that a decision of another regulatory authority relating to cross-border trade is not in accordance with the guidelines adopted pursuant to Directive 2009 /72/EC or Regulation 714 /2009/EC it is authorised to inform the European Commission thereof.

Reporting obligations

§ 28. (1) The E-Control shall draw up an annual activity report and submit it to the Federal Minister for Economic Affairs, Family and Youth. This report shall, in particular, represent the business cases incurred, the development of staff and the financial resources incurred. The report shall be published in an appropriate manner. The report is to be submitted to the National Council by the Federal Minister for Economic Affairs, Family and Youth by means of the Council of Ministers.

(2) The E-Control shall draw up a market report annually and submit it to the Federal Minister for Economic Affairs, Family and Youth, the Agency and the European Commission. The report shall specify the measures taken to achieve the objectives set out in paragraph 4 and the results obtained. The report shall also cover the effectiveness of measures to protect customers, in particular those relating to customers in need of protection, the disconnection of customers, as well as the method of payment procedure and the use of a system of measures to protect customers. Supply of last resort, refer to. The report shall be published in an appropriate manner.

(3) Each year, E-Control shall draw up a report on the results of its monitoring of security of supply in accordance with § 20i and § 20j Energielenkungsgesetz 1982 and publish it in an appropriate manner and to publish it in an appropriate manner and to publish the European Parliament's Commission. The results of the network development plan and the long-term planning (§ 12e GWG, § 37 ElWOG 2010) can be used in the preparation of this report.

(4) In order to advise the regulatory authority on general consumer protection issues and to draw up the report referred to in paragraph 2 in relation to measures to protect customers, in particular those relating to vulnerable customers, who: A task force will be set up with the regulatory authority to shut down customers and to proceed with the order for payment procedure and the use of a supply of last resort. You have one. Representatives of the Federal Ministry of Labour, Social Affairs and Consumer Protection, the Federal Chamber of Labour and the Austrian Trade Union Confederation are also members of the Federal Ministry of Labour.

Staff

§ 29. (1) The Management Board shall be entitled to terminate employees in the required number by service contract. The employment relationship of the employees is the Federal Act of 11 May 1921 on the service contract of the private employees (Act of the Employees Act), BGBl. No 292/1921, and the other legislation applicable to employees in the private sector.

(2) The employees of E-Control and the reviewers and other experts appointed by them shall be informed of any facts known to them exclusively from their official duties, the secrecy of which shall be in the interests of the maintenance of public peace, order and security, comprehensive national defence, external relations, the economic interest of a public body body, the preparation of a decision or the the overriding interest of the parties is to be compared with anyone to whom they have such facts do not have to be communicated by the authorities to the secrecy. The removal of employees of E-Control from the obligation of confidentiality is the responsibility of the Management Board; § 46 (2), (3) and (4) of the Civil Service Act 1979, BGBl. No. 333, shall apply.

(3) E-Control shall be collectively contractual as a service provider for its employees.

Budget

§ 30. (1) The Management Board shall draw up a budget every two years, including the plan results, plan balance sheets, plan cash flow accounts, the financial resources requirements, the investment plans and the staff planning for two consecutive years. Financial years. The budget shall be submitted to the Supervisory Board by 31 August of the relevant financial year for the respective budget. The Supervisory Board has a budget as far as possible up to 31. October of this fiscal year.

(2) The budget shall ensure adequate staffing and financial resources for the performance of the tasks of the regulatory authority.

(3) The Management Board has to report to the Supervisory Board on a quarterly basis on compliance with the budget. If budget overruns are to be expected, the Chairman of the Supervisory Board shall be informed immediately.

(4) Is the Board of Supervisors up to 31. October of the financial year for which the budget is based does not cover the budget, the budget last adopted is provisional-increased by the increase in the net operator price index-and the prescriptions in accordance with § 33 are based on laid down. The budget provisional will end with the approval of the budget by the Supervisory Board, but in any case with the next 30 June.

(5) E-Control has to take organisational measures to separate the collection of the expenses and returns of the respective fields of activity (electricity or Natural gas) as well as the tasks to be carried out by it in the general public interest (Section 5 (4)) (cost accounting). Costs that cannot be directly attributed are to be assigned using appropriate transfer keys.

Financial statements

§ 31. (1) The fiscal year of E-Control shall be the calendar year.

(2) E-Control shall draw up the annual accounts for the past financial year in the form of the annual balance sheet and the profit and loss account, having regard to the time limits laid down in paragraph 3. The provisions of the third book of the Corporate Legislative Code-UGB, dRGBl. S 219/1897, shall apply to the annual accounts, unless otherwise provided in this Federal Act.

(3) The annual financial statements shall be examined by an auditor or an accounting firm.

(4) The audited annual financial statements together with the cost accounting in accordance with § 30 (5) shall be submitted by the Management Board to the Supervisory Board for approval within five months of the end of the previous financial year. The Supervisory Board shall have the annual financial statements, together with cost accounting, so timely that the Executive Board shall inform the Federal Minister for Economic Affairs, Family and Youth within six months of the end of the previous financial year on the Report the result. The Management Board shall immediately publish the audited and approved annual financial statements on the E-Control homepage and have a notice notice stating the E-Control's internet address in the Wiener Zeitung or any other other information sheets available throughout the territory of the Federal Republic of Germany. The annual financial statements are to be held on the e-Control homepage until the publication of the next annual financial statements.

(5) After the end of each financial year, the Supervisory Board shall be responsible for the discharge of the Executive Board.

Cost of regulation

§ 32. (1) E-Control shall be entitled to finance its electricity market tasks to the operators of the maximum voltage networks (network level 1 according to § 63 Z 1 ElWOG 2010) and to the performance of their tasks relating to the natural gas market Market area managers to charge the respective costs of their activities (Section 30 (5)) in four equal instalment amounts each at the beginning of each quarter of the financial year, and individually to inform them . This provision shall not apply to costs relating to the performance of tasks in the general public interest (Section 5 (4)).

(2) The total amount of the financing rate is measured in accordance with the budget approved by the Supervisory Board. Surpluses or shortfalls from previous years shall be taken into account in the budget.

(3) The share of an operator of a maximum voltage network (network level 1) or of a market area manager at the overall level of the financing charge shall be measured according to the ratio between the total national levy to end users and the supply to final consumers of its network and all the underlying network levels or of networks managed by market area managers and is to be required by E-Control to notify it.

(4) A reduction in the amounts may be made if less expenditure is to be expected than in the budget. An increase in the partial amounts can only be made after the approval of a new budget by the Supervisory Board.

(5) The operators of the maximum voltage networks shall have the right to charge the financing charge invoied by the E-Control as the cost of the maximum voltage level in relation to the total amount of delivery to the final consumer in all network levels in each case subject to the following conditions: After the electrical work (kWh), the operators of the subordinated networks are to be recounted. The market area managers are entitled to further calculate the financing fee charged by the E-Control to the transmission system operators in accordance with the GWG regulation. The operators of the maximum voltage networks as well as the market area managers may incur the costs arising from the settlement, of a delayed or reduced replacement of the financing charge, in the cost determination of their network costs. shall be counted.

(6) The Federal Government shall make a contribution to E-Control for the tasks to be fulfilled by it in the general public interest (Section 5 (4)) per financial year. This contribution is to be deducted from the total cost of E-Control. In addition, the Federal Government can make a further contribution to the costs in accordance with the funds provided for this purpose in the annual Federal Finance Act, if this is done in spite of the economic, economical and appropriate building of the E-Control to cover the costs. necessary oversight costs are required.

Reserve for unforeseen charges

§ 33. (1) In the budget for the coverage of unforeseen loads, E-Control shall be subject to a reserve which may only be used for unforeseen loads.

(2) The provision of the reserve may be carried out for each financial year to the extent of not more than 1 vH of the total cost of the E-Control on the basis of the last annual financial statements as long and in so far as the total reserve has an extent of 3 vH of the total cost of the E-control. in each case in the last annual financial statements.

(3) The reserve shall be shown in the annual accounts.

Access to information and views

§ 34. In the performance of its tasks, E-Control is entitled to inspect all documents of market participants, network operators, storage companies, balance sheet group coordinators and balance sheet group coordinators, and to cover all their activities require information to be provided. The obligation to provide information also includes, in particular, the ongoing disclosure of data on the evidence-keeping of documents that serve the purpose of performing the supervisory activity.

Mutual assistance

§ 35. (1) All institutions of the Federal Government, the Länder and the municipalities, including the Federal Competition Authority and the Financial Market Supervisory Authority, are obliged to provide assistance to E-Control within the framework of their legal sphere of action.

(2) The bodies of the public security service shall provide assistance to E-Control over their requests for the safeguarding of supervisory powers in the context of their legal sphere of action, if otherwise the thawing of the measures arranged threatens.

Procedure

§ 36. (1) E-Control has the General Administrative Procedure Act 1991 and the Administrative Criminal Law 1991, BGBl in the implementation of procedures. No 52/1991, unless expressly stated otherwise.

(2) If the inclusion of evidence by experts is necessary, the E-Control shall have the experts attached to it or even to use other persons as experts (§ 52 AVG).

(3) Regulations of E-Control are to be found in the Federal Law Gazprom. If a manifestation in the Federal Law Gazans is not possible or is not possible in a timely manner, or in the light of the scope of the Regulation, the regulations shall be published in a different appropriate manner, in particular by broadcasting, the Internet or publication in one or more periodic media works which publish advertisements, in particular in daily newspapers.

(4) The decisions taken by the regulatory authority shall be published on the regulatory authority's home page, while maintaining the confidentiality of commercially sensitive information.

Fees and charges arising from current activities

§ 37. (1) E-Control is exempt from stamp and legal fees, federal administrative charges and court and judicial administration fees. For purposes of sales tax, it shall be considered an entrepre.

(2) The E-Control is not subject to municipal tax with regard to its service customers.

(3) E-Control is exempt from corporate income tax.

Liability for the activities of E-Control

§ 38. (1) The Federal Government shall be liable in accordance with the provisions of the Administrative Liability Act-AHG, BGBl, for the damage inflicted by institutions and employees of the E-Control in the enforcement of the federal laws referred to in § 21. 20/1949. Damages in the sense of this provision are those which have been directly inflicted on legal entities which are subject to the official activity under this federal law. EControl and its staff and bodies shall not be liable to the injured party.

(2) If the Federation has replaced an injured party with the damage in accordance with paragraph 1, it may request a refund from the institutions or other servants of the E-Control in accordance with the provisions of the AHG.

(3) E-Control shall support the Federal Government in any appropriate manner in the official liability and restitution procedure provided for in paragraphs 1 and 2 of this Article. It shall, in particular, make available all the information and documents relating to the administrative or restitution procedure and shall ensure that the Federal Government has the knowledge and knowledge of the institutions and servants of the E-Control on the supervisory measures to be taken in accordance with the procedural requirements.

References

§ 39. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version.

Labour Constitutional Law

§ 40. The E-Control is operating in the sense of § 34 of the German Labour Constitution Act BGBl. N ° 22/1974, to which this Act, and in particular the II. Part of the Labour Constitution Act.

Linguistic equality

§ 41. Insofar as personal names are only mentioned in male form in this federal law, they refer to women and men in the same way. The gender-specific form is to be used in the application to certain persons.

entry into force

§ 42. (1) (constitutional provision) The provisions of § 1, § 6 (6), § 12 (1), (2) and (4) and section 21 (1) of this Federal Act shall enter into force on 3 March 2011. At the same time, the Energy Regulatory Authority Act, BGBl. I No 121/2000, except for force.

(2) The remaining provisions of this Federal Act shall enter into force on 3 March 2011.

Conversion and existing contracts, waiving of fees

§ 43. (1) With the end of March 2, 2011, the Energie-Control Österreichische Gesellschaft für die Regulation in der Electricity-und Gas-wirtschaft mit beschränkter Haftung, FN 206078 g, by way of an overall legal succession to the Anstalt public On the right, "Energie-Control Austria for the regulation of the electricity and natural gas industry (E-Control)" has been transformed and continues to exist as this.

(2) E-Control shall be notified by the Management Board for registration in the Company Book until 31 March 2011.

(3) The conversion is exempt from all fees, taxes and charges regulated by the Federal Republic of Germany and does not lead to any correction of pre-taxes according to § 12 para. 10 or 11 UStG 1994, BGBl. No 663/1994.

(4) The shares in the Energie-Control Österreichische Gesellschaft für die throttling in der electricity-und Gas wirtschaft mit beschränkter Haftung, FN 206078 g, go on 31 December 2011 under.

Transitional provisions

§ 44. The responsibility for the continuation of the procedures pending at the end of March 2, 2011 at Energie-Control GmbH and the Energy-Control Commission is transferred to Energie-Control Austria for the regulation of the electricity and natural gas industry.

Enforcement

§ 45. The following shall be entrusted with the task of enforcement:

1.		as regards § 1, § 6 para. 6, § 12 para. 1, 2 and 4, § 21 (1) and § 42 (1) the Federal Government;
2.		as regards Section 10 (9) and Section 43 (3) of the Federal Minister of Finance;
3.		as regards Section 10 (1), second sentence, of the Federal Minister of Justice;
4.		as regards the other provisions of the Federal Minister for Economic Affairs, the Family and Youth.

Fischer

Faymann