Regulation of the Federal Minister for Economic Affairs, Family and Youth, which sets out the prices for the reduction of electrical energy from green electricity plants on the basis of contracts, the conclusion of which is to be concluded by the end of the year. 2010-ÖSVO 2010 (Ökostromverordnung 2010-ÖSVO)

On the basis of § § 10a, 11 and 11b of the Ökostromgesetz (ÖSG), BGBl. No 149/2002, in the version of the Federal Law BGBl. I No 104/2009,

1.		with regard to § § 1 to 11 and 13 by the Federal Minister for Economic Affairs, Family and Youth in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management and the Federal Minister for Labour, Social Affairs and consumer protection,
2.		with regard to § 12 by the Federal Minister for Economic Affairs, Family and Youth
ordering:

Scope

§ 1. (1) This Regulation shall, without prejudice to the provisions of Section 8 (5) and § 12 thereof, fix prices for the reduction of electrical energy from new installations (Article 5 (1) Z 22 in conjunction with Z 27 ÖSG, which shall be subject to the provisions of Article 8 (1) of the Regulation). have been granted in the first instance for the construction of necessary permits and which are based on renewable energy sources wind, sun (excluding photovoltaics with a peak power of up to 5 kW in accordance with § 10a (1) of the ÖSG), geothermal energy, waves, and tidal energy, biomass, waste with a high biogenic share, landfill gas, sewage gas or biogas are operated.

(2) In addition, this Regulation shall also apply:

1.		with regard to those installations which are operated on the basis of photovoltaics, with the exception of photovoltaics with a peak power of up to 5 kW in accordance with § 10a (1) of the ÖSG, wind power, geothermal energy, landfill gas or sewage treatment gas, and those between the 1. In 2003 and 31 December 2004, the necessary authorisations for the establishment of the necessary authorisations were granted in the first instance if they went into operation after 30 June 2006;
2.		with regard to those installations which are operated on the basis of solid biomass and waste with a high biogenic share, liquid biomass or biogas, and those between 1 In 2003 and 31 December 2004, the necessary authorisations for the establishment of the necessary authorisations were granted in the first instance if they had been put into operation after 31 December 2007.

(3) The prices specified in § § 5 to 12 are to be based on only those feed-in tariff agreements,

1.		To the conclusion of which the Oeko-downstream Unit is required under the Ecoflow Act and
2.		for the period of 20 years. From October 2009 until 31 December 2010, a request for contracting was submitted to the Greec-downstream Unit.

(4) In addition to paragraph 3, the prices specified in § § 5 to 12 shall also be based on those feed-in tariff agreements,

1.		To conclude, the Oeko-downstream Unit shall be required under the Ecoelectricity Act,
2.		for those before the 20. A request to contract with the Eco-Fishing Authority was submitted in October 2009; and
3.		from the age of 20. From October 2009 to December 31, 2010, the Eco-Fdownstream Unit was finalised.

(5) For installations for which a contract has already been concluded with the green-current winding office, the tariff and the term shall apply in accordance with the terms of the first-time contract conclusion.

(6) Contracts provided by the Oeko-de-Ling Office from the 20th of December. October 2009 with operators of small hydropower plants pursuant to § 5 paragraph 1 Z 16 in connection with § 10 Z 3, § 10a (1) and § 32d Abs. 9 ÖSG, which have no entitlement to investment promotion according to § 12a ÖSG or from their right to grant have made use of tariff changes in accordance with Section 32d (9) of the Austrian Civil Order (ÖSG), which are concluded in accordance with § 12 of the Ecoelectricity Regulation 2009, Federal Law Gazette (BGBl). II No 53/2009, fixed prices. These prices are valid for a period of 13 years, counting from the commissioning of the plant.

Minimum efficiency

§ 2. (1) In the case of installations based on solid or liquid biomass, of waste with a high biogenic share or of biogas as well as in the case of mixed combustion plants, the prices specified in the Regulation shall be granted only if a degree of fuel consumption (§ 5) is granted. 1 (1) (5) (ÖSG) of at least 60% is achieved. For geothermal energy installations, the prices specified in the Regulation shall be granted only if a total utilisation rate of at least 60% is reached.

(2) The attainment of the fuel consumption rate or Total ergetic use is to be demonstrated by a concept prior to commissioning of the plant. Furthermore, the achievement of the degree of fuel consumption or to demonstrate the overall level of utilisation for each completed calendar year by March of the following year at the latest, the first three months after the start of the operation being not to be included.

Period of validity of prices

§ 3. The prices contained in this Regulation shall apply in accordance with Section 11 (2a) of the ÖSG

1.		for installations according to § § 5 to 7 and 11 for a period of 13 years and
2.		for installations according to § § 8 to 10 for a period of 15 years
from commissioning of the plant.

Definitions

§ 4. For the purposes of this Regulation:

1.		"solid biomass" means forestry fuels and semi-benign fuels and their fruits (ÖNORM CEN/TS 14588);
2.		"purely agricultural substrate materials" Economic fertilizer as well as plants for the purpose of biogas production from grassland and arable use, including their silage, as well as field-and hopeful crop residues.

Prices for green electricity from photovoltaics

§ 5. (1) The prices for the reduction of electrical energy from photovoltaic systems fitted exclusively on or on a building or in a noise barrier shall be as follows:

1.		more than 5 kW peak up to 20 kW peak								38 cent/kWh;
2.		more than 20 kW peak								33 cents/kWh.

(2) The prices for the reduction of electrical energy from photovoltaic installations not exclusively fitted on or on a building or a noise barrier shall be fixed as follows:

1.		more than 5 kW peak up to 20 kW peak								35 cent/kWh;
2.		more than 20 kW peak								25 cent/kWh.

(3) The additional support volume (§ 21b ÖSG) for the promotion of electrical energy from photovoltaic systems in accordance with paragraph 2 may not exceed EUR 500 000 per year.

Price for green electricity from wind turbines

§ 6. For the reduction of electrical energy from wind turbines, a price of 9.7 cents/kWh will be determined.

Price for green electricity from geothermal energy

§ 7. For the reduction of electrical energy from geothermal energy, a price of 7.5 cents/kWh is determined.

Prices for green electricity from solid biomass and waste with a high biogenic share and setting of the heat price

§ 8. (1) The following amounts shall be established as prices for the reduction of electrical energy from electricity generation plants, which are operated exclusively from solid biomass but with the exception of wastes with a high biogenic share:

1.		up to a bottleneck performance of 500 kW								14.98 cent/kWh;
2.		In the case of a bottleneck power over 500 kW to 1 MW								13.54 cent/kWh;
3.		With a bottleneck output of more than 1 MW to 1.5 MW								13.10 Cent/kWh;
4.		With a bottleneck output of more than 1.5 MW to 2 MW								12.97 cent/kWh;
5.		With a bottleneck capacity of more than 2 MW up to 5 MW								12.26 cent/kWh;
6.		With a bottleneck power over 5 MW to 10 MW								12.06 cent/kWh;
7.		With a bottleneck output of more than 10 MW								10 cents/kWh.
Insofar as the performance of installations based on solid biomass, on which a contract has been concluded pursuant to Article 10a (5) of the ÖSG (ÖSG) since the age of 20. As of October 2009, 100 MW is reached or exceeds 100 MW, the price for the decrease in electrical energy from power generation plants shall be 1 to 6 11.5 cent/kWh.

(2) With regard to the prices for the reduction of electrical energy from power generation plants, which are operated under the exclusive use of the high biogenic waste energy carrier, the following shall apply:

1.		Where primary energy carriers are used in accordance with all five-digit key numbers of Table 2 of the Appendix to Section 5 (1) Z 1 of the ÖSG, which start with SN 17, the prices set in paragraph 1 shall be reduced by 25%;
2.		in the case of use of primary energy carriers in accordance with all five-digit key numbers of Table 1 of the Appendix to Section 5 (1) Z 1 of the ÖSG, which start with SN 17, the prices set in paragraph 1 shall be reduced by 40%;
3.		in the case of use of primary energy carriers in accordance with all other five-digit key numbers in Table 1 and 2 of the Appendix to Section 5 (1) (1) of the ÖSG, the price shall be set at 5 cents/kWh;
4.		in the case of combinations of those in paragraph 1, para. 2, z 1, 2 or [0050] 3. [0050] The starting materials mentioned are a one-part tariff according to the amounts of fuel used, based on the fuel heat output.

(3) With regard to the prices for the reduction of electrical energy from hybrid and mixed combustion plants in the case of combustion in caloric power plants, which are operated using biomass or waste with a high biogenic share, the following shall apply: The following:

1.		in the case of the exclusive use of solid biomass, the price shall be 6,12 cents/kWh;
2.		in the case of use of primary energy carriers in accordance with all five-digit key numbers of Table 2 of the Appendix to Section 5 (1) Z 1 of the ÖSG, which start with SN 17, the prices fixed in Z 1 shall be reduced by 20%;
3.		in the case of use of primary energy carriers in accordance with all other five-digit key numbers of Tables 1 and 2 of the Appendix to Section 5 (1) (1) of the ÖSG, the prices fixed in Z 1 shall be reduced by 30%;
4.		in the case of combinations of the starting materials from Z 1 to 3, a one-part tariff according to the fuel quantities used is used, based on the fuel heat output.

(4) The tariffs referred to in paragraphs 2 and 3 shall apply regardless of whether the waste used is used with a high biogenic portion in its original form or, alternatively, by previous hacking, pressing or other treatment steps in its form and Density is changed.

(5) For green electricity plants based on solid biomass, for which a feed-in tariff according to the Regulation BGBl. II No 508/2002, as amended by the BGBl Regulation. II No 254/2005 (Section 11 (1) of the ÖSG), a combined support for electrical energy and heat is provided if the previous maximum delivery amount is not exceeded. The maximum amount of support is determined from the product of the amount of electrical energy fed in the first twelve months after the full operation has been taken up and the feed-in tariff granted minus the market price. § 20 ÖSG is to be applied in a reasonable way. The maximum amount of support is also limited with a full load number of 6 000 hours on the basis of this calculation. The rate of support for the heat is to be calculated per performance class with the formula WT = ET/4, 4-WP, where "WT" is the support tariff for heat in Cent/kWh, "ET" the feed-in tariff granted in Cent/kWh and "WP" the heat price in Cent/kWh . The heat price is 2.4 cents/kWh th .

Prices for green electricity from liquid biomass

§ 9. (1) A price of 5.8 cent/kWh shall be determined for the reduction of electrical energy from liquid biomass.

(2) For electrical energy produced in cogeneration plants, which are operated exclusively on the basis of liquid biomass and for which only after the 19. In October 2009, an application pursuant to Section 10a (5) of the Austrian Civil Code (ÖSG) for the reduction of green electricity to the prices determined by this Regulation has been made, a surcharge of 2 cents/kWh shall exist, provided that these plants are the efficiency criterion in accordance with § 8 para. 2 KWK-Gesetz, BGBl. I n ° 111/2008.

Prices for green electricity from biogas

§ 10. (1) The following amounts shall be set as prices for the reduction of electrical energy from electricity generation plants, which are operated using the energy carrier biogas with purely agricultural substrate feedstocks:

1.		for systems with a bottleneck power up to 250 kW								18.5 cent/kWh;
2.		in installations with a bottleneck output of more than 250 to 500 kW								16.5 cent/kWh;
3.		for installations with a bottleneck output of more than 500 kW								13.0 cent/kWh.

(2) The prices laid down in paragraph 1 (1) shall be granted only on condition that manure with a mass fraction of at least 30% is used. Proof of the use of the substrate feedstock in accordance with the first sentence shall be provided to the Eco-downstream winding station for each previous calendar year by the end of January of the following year at the latest.

(3) In the case of use of other than purely agricultural substrate feedstocks, the prices set in paragraph 1 shall be reduced by 20%.

(4) For electrical energy produced in cogeneration plants, which are operated exclusively on the basis of biogas and for which only after the 19. In October 2009, an application pursuant to Section 10a (5) of the Austrian Civil Code (ÖSG) for the reduction of green electricity to the prices determined by this Regulation has been made, a surcharge of 2 cents/kWh shall exist, provided that these plants are the efficiency criterion in accordance with § 8 para. 2 KWK-Gesetz, BGBl. I n ° 111/2008.

(5) The prices for the reduction of electrical energy from hybrid and mixed combustion plants using biogas as an energy source shall be proportional to the amount of biogas used in accordance with paragraph 1 or 3, in relation to the thermal power of the biogas, set.

Prices for green electricity from landfill and sewage gas

§ 11. (1) The following amounts shall be set as prices for the reduction of electrical energy from electricity generation plants, which are operated using the energy sources landfill and sewage gas:

1.		for clarifying gas								6 cent/kWh;
2.		for landfill gas								5 cent/kWh.

(2) The prices for the reduction of electrical energy from hybrid and mixed combustion plants using landfill and sewage gas as an energy source shall be proportional to the amount of fuel used in accordance with paragraph 1, in accordance with the quantity of gas used; set.

Prices for certain raw material-dependent installations after the end of the contract

§ 12. (1) As prices for the reduction of electrical energy from power generation plants which, according to Article 11b of the ÖSG, have submitted an application to the Greecdownstream Development Office after the expiry of the obligation to contract in accordance with Article 1 (3) (2) (2) (2) (2) (2). the following amounts shall be fixed:

1.		for installations in accordance with Article 8 (1), which are operated under the exclusive use of the energy carrier, solid biomass,
a)			With a bottleneck performance of up to 2 MW							8,5 Cent/kWh;
b)			With a bottleneck output of more than 2 MW to 10 MW							7,5 Cent/kWh;
c)			With a bottleneck output of more than 10 MW							7,0 cent/kWh;
2.		for installations according to Article 10 (1), which are operated using the energy carrier biogas with purely agricultural substrate materials,
a)			With a bottleneck performance of up to 250 kW							9,5 cent/kWh;
b)			With a bottleneck output of more than 250 kW							8,0 cent/kWh.

(2) In the case of biogas plants with the use of other than purely agricultural substrate materials, the prices laid down in paragraph 1 (2) of the second subparagraph shall be reduced by 20%.

entry into force

§ 13. This Regulation shall enter into force 20. October 2009, in force.

Mitterlehner