114. Federal law amending the Ecoelectricity Act (2). Eco-electricity legislation-Novel 2008)

The National Council has decided:

The Federal Law, which is to introduce new regulations in the field of electricity generation from renewable energy sources and in the field of cogeneration (Ökostromgesetz-ÖSG), BGBl. No 149/2002, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 44/2008, is amended as follows:

1. The table of contents is:

" TOC

Part 1
General provisions
§ 1.	Constitutional provision
§ 2.	Scope
§ 3.	Implementation of Community law
§ 4.	Objectives
§ 5.	Definitions
§ 6.	Obligation to attach
§ 7.	Recognition of plants based on renewable energy sources
§ 8.	Guarantees of origin for green power plants
§ 9.	Recognition of proofs of origin for green electricity from other countries
Part 2
Promotion of renewable energy
Section 1
Promotion of green electricity
§ 10.	Contrasting
§ 10a.	Special provisions on the obligation to contract
§ 11.	Remuneration
§ 11a.Raw material supplement for green electricity plants on the basis of liquid biomass or of	Biogas
§ 11b.Support for raw material-dependent plants after the expiry of the	Contrasting
Section 2
Electrical energy from waste water plants and small hydropower plants and medium hydropower plants
§ 12.	Investment grants for waste-based plants
§ 12a.	Investment grants for small-scale hydropower plants
§ 13a.	Investment grants for electrical energy from medium-sized hydropower plants
§ 13b.	Advisory board for investment grants
§ 13c.	Resolution point for the granting of investment grants
§ 13d.	Guidelines for the granting of investment grants
Part 3
Eco-downstream Unit
§ 14.	Exercise Requirements
§ 14a.	Application Creation
§ 14b.	Concession
§ 14c.	Concession Withdrawal
§ 14d.	Quenchment of the concession
§ 14e.	Change in participation conditions
§ 15.	Tasks of the Eco-downstream Unit
§ 16.	Ökobilanzgruppe
§ 17.	Allocation of funds for the activities of the Ökobilanzgruppe
§ 18.	General conditions
§ 19.	Obligations of electricity traders, green electricity system operators and network operators
§ 20.	Market Price
§ 21.	Diversion of the additional costs of the green-current winding site
Part 3a
Transport volume
§ 21a.	Contractible feed-in tariff
§ 21b.	Distribution of feed-rate volume
Part 4
Funding
Section 1
Application and management of funding
§ 22.	Application of the funding
§ 22a.	Counting point flat rate from the calendar year 2007
§ 22b.	Transfer Price
§ 22c.	Compensation scheme
§ 23.	Management of funding
Section 2
Monitoring and reporting obligations
§ 24.	Monitoring
§ 25.	Reports
Part 5
Regulations, obligation to provide information, automation-supported data traffic, criminal provisions
§ 26.	Regulations
§ 27.	Obligation to provide information
§ 28.	Automation-supported traffic
§ 29.	General criminal provisions
Part 6
Transitional and final provisions
§ 30.	Transitional provisions
§ 30a.	Conclusion of a contract with Kommunalkredit Public Consulting GmbH
§ 30b.	Transfer of rights and obligations to the ecosystem
§ 30c.Transitional provision on § 13 (3) and (4) in the version of the Federal Act	BGBl. I No 105/2006
§ 30d.	Transitional provisions on § § 22a and 22b
§ 31.	Final provisions
§ 32.	Entry into force and repeal of legislation
§ 32a.	Entry into force of the 2006 Ecopower Law
§ 32b.	Entry into force of the 2007 Ecopower Law
§ 32c.	Entry into force and transitional provisions of the November 2008 Ecopower Law
§ 32d.	Entry into force and transitional provisions of the 2. Green electricity law-Novel 2008
§ 33.	Enforcement "

2. (constitutional provision) § 1 reads:

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

3. § § 2 and 3 are all headings:

" Scope

§ 2. (1) This federal law governates

1.		the proofs of the origin of electrical energy from renewable sources;
2.		the recognition of guarantees of origin from another EU Member State, an EEA State Party or a third country;
3.		the conditions for and promotion of the production of electrical energy from renewable energy sources;
4.		the uniform distribution of the costs of promoting the generation of electrical energy from renewable energy sources throughout the country.

(2) The subject of the promotion shall be as follows:

1.		Promotion by means of minimum prices and the obligation to conserve electricity produced on the basis of renewable energy sources, but not electricity produced on the basis of hydroelectric power stations with a bottleneck performance of more than 10 MW, animal meal, waste liquor, sewage sludge or waste, with the exception of waste with a high biogenic content;
2.		Promotion of photovoltaic systems from a peak output of more than 5 kW;
3.		Support through investment grants for medium-sized hydropower plants and small hydroelectric power;
4.		Promotion by investment grants for the production of green electricity from waste liquor;
5.		Raw material surcharges for green power plants on the basis of liquid biomass or biogas.

Implementation of Community law

" § 3. This law lays down that Directive 2001 /77/EC on the promotion of electricity produced from renewable energy sources in the internal electricity market, OJ L 206, 22.7.2001, p. No. 33., and Directive 2003 /54/EC concerning common rules for the internal market in electricity and repealing Directive 96 /92/EC, OJ L 283, 27.10.2003, p. No. OJ L 176 of 15.07.2003 p. 37. "

4. § 4 reads:

" § 4. (1) The aim of this federal law is to protect the climate and the environment.

1.		to increase the share of the production of electrical energy in renewable energy plants to an extent that, in 2010, the target value of 78,1% as set out in Directive 2001 /77/EC is reached;
2.		to use the funds for the promotion of renewable energy sources in an efficient way;
3.		make a technology policy focus on the achievement of the market maturity of new technologies;
4.		to ensure investment security for existing and future installations;
5.		to promote the production of electrical energy from renewable energy sources in accordance with the principles of European Community law, in particular Directive 2003 /54/EC and Directive 2001 /77/EC.

(2) By 2015, the new direction and expansion of green electricity plants should be supported to such an extent that green electricity plants with environmental obligations due to the green-current winding site, by means of green power plants on the basis of waste liquor with the right to an investment grant or by means of green power plants, with the right to an investment grant, a total share of 15%, as measured by the quantity of final consumer from public networks, is produced. In this target value, electricity generation from newly built small hydropower plants as well as medium hydropower plants as well as the additional power generation achieved by optimization and expansion of existing small-scale hydropower plants has been since Entry into force of the Ecoelectricity Act, BGBl. I No 149/2002, but not the re-erection and extension of hydropower plants with a bottleneck capacity of more than 20 MW.

(3) In order to increase the production of electricity from renewable energy sources, from 2008 to 2015, the volume-effective establishment of an additional 700 MW hydropower (with an additional green electricity production related to the regular year) is to be increased by a total of 3 500 GWh, including the effects of revitalisation measures and extensions of existing plants), of which 350 MW are small and medium-sized hydropower (with an additional green electricity production of 1 750 GWh per year), the construction of 700 MW of wind power (with an average year- additional green electricity generation of 1 500 GWh) and, with a proven availability of raw materials, the establishment of 100 MW of biomass (with an additional 600 GWh of green electricity). "

5. In § 5 (1), Z 3, 17, 18, 21, 23 and 24 are deleted.

6. § 5 (1) Z 1 reads as follows:

" 1.			"high biogenic waste" means the waste listed in Appendix 1, defined by the associated 5-digit key number according to Appendix 5 of the Waste List Waste List, BGBl. II No 570/2003, as amended by the BGBl Regulation. II No 89/2005; "

7. § 5 (1) Z 4 and 5 reads:

" 4.		"biomass" means the biodegradable fraction of products, waste and residues from agriculture (including vegetal and animal substances), forestry and related industries, as well as the biodegradable fraction waste from industry and households; waste to which Z 1 is not applicable shall not be biomass within the meaning of this Federal Law; gas taken from a gas network shall be considered as a gas from biomass to the extent that the quantity of gas removed is equivalent to the heat equivalent the quantity of elsewhere within the scope of the law in the gas network corresponds to the gas supplied from biomass;
5.		"fuel utilization rate" means the sum of electricity generation and heat generation used, divided by the energy content of the energy sources used in relation to a calendar year; "

8. § 5 (1) Z 9 reads:

" 9.		"feed-in tariff" means the forecast costs accumulated over the duration of the obligation to contract for the purchase of green electricity at the prices determined by the Regulation;
a)			"annual feed-in tariff" means the amount resulting from the volume of support available for the reduction of green electricity in a calendar year;
b)			"Contratable feed-in tariff volume" means the volume of feed-in tariff (§ 21a) available for the reconclusion of contracts for the reduction of green electricity in a calendar year; "

9. § 5 (1) Z 11 reads:

" 11.		"renewable energy sources" means renewable non-fossil fuels (wind, sun, geothermal energy, wave and tidal energy, hydropower, biomass, high biogenic waste, landfill gas, sewage gas and biogas), including animal meal, waste liquor or Sewage sludge; "

10. § 5 (1) Z 27 reads as follows:

" 27.		"green electricity plant" means a production plant which generates green electricity from renewable energy sources and is recognised as such; facilities which serve the purpose of green electricity production and which are in a local context are also considered to be be treated in a uniform way when operated by different persons; with regard to the assessment of the local relationship, § 74 GewO shall apply; "

11. § 5 (1) Z 31, 31a and 32 reads as follows:

" 31.		"support volume" means the funds resulting from the counting-point flat rate in accordance with Z 34a as well as the difference between the proceeds from the sale of green electricity to the transfer price and the market value of the green electricity sold (value of the green electricity to the the average market price of the preceding calendar year, to be published in accordance with § 20) per calendar year; in the volume of support, also all other expenses to be paid to the green-current winding station pursuant to § 21, with Exceptions to the expenses to be deducted pursuant to § 21 Z 5;
31a.		"additional support volume" means the share of the support volume from which, following the entry into force of this federal law, as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 105/2006 the feed-in tariff volume available for the conclusion of contracts for the reduction of green electricity in a calendar year (countervable feed-in tariff).
32.		"transfer price" means the price to which electricity traders are obliged to take off the green electricity assigned to them; "

12. § 5 sec. 1 Z 12a is deleted and in accordance with § 5 paragraph 1 Z 34 the following Z 34a is inserted:

" 34a.		"counting-point flat rate" means the contribution in euro per counting point to be made by all end consumers connected to the public network, with the exception of the final consumer, in accordance with Article 22 (3), and the cover of the rate of charge and of the investment grants in accordance with § § 7 and 8 of the KWK-Act as well as the investment grants pursuant to § § 12, 12a and 13a as well as the additional expenses of the "Ökodownstream winding station" according to § 21; "

12a. § 5 (2) reads:

" (2) The definitions of the Electricity Economic and Organization Act (ElWOG), BGBl, are also applicable. I n ° 143/1998, as well as the CHP Act, BGBl. I n ° 111/2008, as amended. "

13. § § 6 to 9 are all headings:

" Connection obligation

§ 6. In the context of its competitive supervision, Energie-Control GmbH has to pay particular attention to ensuring that the network operator treats all connecting advertisers equally and transparently predates. To this end, it may require the network operator to disclose its approach to requests and requests from connecting advertisers, such as how and within which time limit requests and requests will be met, which criteria shall be met by: competing network access requests, and what measures are being taken to ensure equal treatment of the connecting advertisers. If the known or actual procedure does not seem appropriate to ensure fair competition, the Energie-Control GmbH can take measures according to § 10 Energy-Regulatory Authorities Act (E-RBG), BGBl. I n ° 121/2000, as amended by the Federal Law BGBl. I No 106/2006. The responsibilities of the regional authorities in disputes over the network connection shall remain unaffected.

Recognition of installations

§ 7. (1) Equipment for the production of electrical energy, which is operated exclusively on the basis of renewable energy sources, shall be notified of the application by the State Governor of the country in which the plant is located, with a communication as an eco-power plant. . The application shall be accompanied by documents relating to the lawful operation of the plant, the primary energy carriers used, in each case separately according to their share in the total use (calorific value), the technical quantities (such as congestion) and the execution of the installation. (as used technology), the unique designation of the counting point via which the generated amount of electricity is physically fed into a public network, and the name and address of the network operator to whose network the installation is connected, in two-fold production. The notification of recognition of installations on the basis of solid or liquid biomass, of waste with a high biogenic share or on the basis of biogas shall contain information as to whether a fuel utilization rate of at least 60 vH is achieved. In the case of green electricity plants, which are operated on the basis of solid or liquid biomass or biogas, the notification of recognition shall also contain information on the supply of raw materials. In such cases, the applicant shall also be required to associate his application with a concept of raw material supply throughout the funding period. This concept also includes information on a possible contribution to the cover of own agricultural and forestry production. The use of non-renewable primary energy sources in plants producing green electricity on the basis of biomass or biogas is permitted in the degree to which it is technically necessary for the operation. If animal meal, waste liquor or sewage sludge are also used as renewable energy sources, they shall be indicated separately in accordance with their share of the total use (calorific value) in the notification of recognition.

(2) electrical energy production facilities based on renewable energy sources, high biogenic waste, landfill gas, sewage gas and biogas, which use energy sources other than renewable sources; Energy sources are to be recognised as hybrid systems or mixed combustion plants at the request of the operator of the Landeshauptmann. The application shall be accompanied by a dossier relating to the lawful operation of the installation, the primary sources of energy used, the technical quantities and the design of the installation, and the name and address of the system operator to whose network the installation is connected, in two-fold production. The proportion of renewable energy sources used must be at least 3 vH of the primary energy input during the observation period. The observation period shall be at least one calendar year. The notification of recognition of installations with the use of solid or liquid biomass, of waste with a high biogenic share or of biogas shall contain information on whether a fuel efficiency of at least 60 vH is achieved. In the case of hybrid systems or mixed combustion plants, which are operated with the use of solid or liquid biomass or of biogas, the notification of recognition shall also contain information on the raw material supply. If animal meal, waste liquor or sewage sludge are also used as renewable energy sources, they shall be indicated separately according to their share of the total use (calorific value).

(3) In any case, the code referred to in paragraphs 1 and 2 shall be included in:

1.		the sources of energy used;
2.		the bottleneck performance; in the case of photovoltaic systems, the nominal power of the inverter;
3.		the name and address of the network operator to which the network is fed;
4.		the percentage of each energy source, in relation to a calendar year;
5.		the exact designation of the counting point via which the generated amount of electricity is actually physically fed into a public grid;
6.		an indication of the documentation to be provided in accordance with paragraph 5;
7.		in the case of plants based on biomass or biogas as well as in the case of mixed combustion plants and hybrid systems, the level of the fuel utilization rate or in the case of geothermal systems, the level of the total ergetic level of use;
8.		for installations based on biomass or biogas, information on the supply of raw materials for the entire duration of the contract to be contraindicated by the green-current winding station; furthermore, in the case of installations based on solid biomass, the measures shall also be taken to: prevention of particulate matter;
9.		in the case of installations based on waste with a high biogenic share (§ 5 (1) (1)), the 5-digit key number to be allocated to the respective installation according to Appendix 5 of the waste register of the Waste Directory Regulation, BGBl. II No 570/2003, as amended by the BGBl Regulation. II No 89/2005.
If animal meal, waste liquor or sewage sludge are also used as renewable energy sources, they shall be indicated separately according to their share of the total use (calorific value). In any event, conditions must be imposed on the primary energy carriers used in the case of special duty to follow up on the charges. The plant is to be connected to this federal law in a modest way with regard to installations in which waste with a high biogenic share is also used. A copy of the decision shall be sent to the Energie-Control GmbH, the network operator and the green-current winding station in electronic form. For the classification of the tariffs, the ecodownstream winding agency shall put an end to the information contained in the claims in accordance with paragraphs 1 and 2 and the understandings of the Governor of the Land pursuant to Section 11 (4).

(4) The Governor of the Land has, at the request of the plant operator, to establish, after carrying out improvements in accordance with § 11b, that an installation according to § 11b has been improved. Paragraph 3 shall apply with the proviso that the increase in the fuel efficiency caused by the improvement shall also be established in this communication.

(5) The operators of installations referred to in paragraph 1 or 2 shall keep the fuel used for use on an ongoing basis. Operators of mixed combustion plants or hybrid systems as referred to in paragraph 2 shall keep the fuel used for use on an ongoing basis and shall provide proof once a year that the renewable energy sources used for the use of the fuel are used in a The calendar year shall be at least equal to the percentage referred to in paragraph 2. Operators of green electricity plants as referred to in paragraph 1, which are operated on the basis of solid biomass, which also have shares of waste with high biogenic contents, once annually have the composition of the primary energy sources used for use Proof. Proof shall be provided by the evaluation of the documentation and shall be submitted by 31 March of the following year at the latest to the Landeshauptmann. The establishment of the fuel used for the purpose of the verification shall be an auditor, a civil engineer or a legal expert or a technical office in the field of electrical engineering, Mechanical engineering, fire technology or chemistry to be tested. The Landeshauptmann has to examine this evidence and, in the event of the legal requirements of the ecosystem, to submit it with a confirmation which, if necessary, has to adjust the remuneration of the plant concerned (Section 11 (1) (1)). 4).

(6) Operators of installations according to para. 1 or 2, which relate to the generation of electrical energy from the gas grid, which has been fed into the gas grid in other places as gas from biomass (Section 10a (10)), have to document this on an ongoing basis. In the same way, operators of biogas plants that feed biogas into the natural gas grid have to continuously document the feed-in. The establishment of the fuel used for the purpose of the verification shall be an auditor, a civil engineer or a legal expert or a technical office in the field of electrical engineering, Mechanical engineering, fire technology or chemistry to be tested. The Landeshauptmann has to examine this evidence and, in the event of the legal requirements of the ecosystem, to submit it together with a confirmation which, if necessary, has to adjust the remuneration of the plant concerned (§ § § § § 4). 11 (4)).

Guarantees of origin for green power plants

§ 8. (1) The network operators whose networks are associated with recognised installations for the production of electricity based on renewable energy sources shall, by means of the quantities of electrical energy fed into their network from these installations, have the power to the plant operator to issue a certificate. The exhibition can be carried out by means of automation-assisted data processing.

(1a) In the case of electricity producers who produce electricity on the basis of biogas as defined in Article 5 (1) (4) (4) of the last half-sentence, network operators shall also issue certificates in accordance with paragraph 1 for those quantities of electrical energy which shall be produced at The use of natural gas is produced and corresponds to those quantities which correspond to biogas fed into the gas grid elsewhere within the scope of this Act (Section 10a (10)).

(2) The certificate referred to in paragraph 1 shall include the following information:

1.		the quantity of electrical energy produced;
2.		the type and the bottleneck performance of the production plant;
3.		the period and place of production;
4.		the energy sources used.

(3) The Landeshauptmann shall regularly monitor the issue of proofs of origin.

(4) The operators of the green electricity plants, as well as electricity traders who sell electricity from green electricity plants as green energy to another electricity dealer or the ecosystem, shall be obliged, at the request of the buyer, to the quantity of the corresponding proofs of origin sold (by means of computerized data processing) free of charge and demonstrably to this purchaser.

(5) For recognised plants for electricity generation based on renewable energy sources, which are connected to line systems of Vorarlberg Illwerke AG, the certificate provided for in paragraph 1 shall be issued by VKW-Netz AG.

(6) In the case of an automatic exhibition of proofs of origin, a certificate must be issued on a monthly basis on the basis of the first clearing and shall be sent to the plant operators.

(7) Eco-plant operators shall be liable for the accuracy of their information on the energy sources used.

Recognition of proofs of origin for green electricity from other countries

§ 9. (1) Proof of origin of electrical energy from installations with a location in another EU Member State, an EEA State Party or in a third country shall be deemed to be proofs of origin within the meaning of this Federal Law, if at least the the requirements of Article 5 of Directive 2001 /77/EC.

(2) In case of doubt, the Energie-Control GmbH has to determine whether the conditions for recognition are available at the request or on its own account.

(3) The Energy Control GmbH may by regulation designate states in which guarantees of origin on green energy meet the conditions set out in paragraph 1. "

13a. The title of the second part is:

"Promotion of renewable energy"

14. The heading to § 10 reads:

"Obligation to contract"

15. § 10 First sentence reads:

" The Eco-Fdownstream Unit is obliged, in accordance with the available funds for green power plants, to supply the electrical energy offered to it from green power plants by concluding contracts on the acceptance and remuneration of To remove the green electricity from the general conditions and the following prices as approved in accordance with Section 18: "

16. In § § 10 Z 1, 2, 5 and 6, 10a (2), 14 (1), 15 (1) Z 5, 16 (1) and 17 (17), the words and/or Word sequences "Duty of acceptance" , "Acceptable" "Accepting obligation" or "duty to take off" in the respective grammatical form by the word "Obligation to contract" or "Contra-contrasting" shall be replaced by the correct grammatical form.

17. § 10 Z 1 to 6 reads:

" 1.		from small-scale hydropower plants before the 1. Jänner 2008 was re-erected or revitalised, as was the case with the BGBl regulation. II No 508/2002, as amended by the BGBl Regulation. II No 254/2005, subject to certain prices, without prejudice to the provisions of Section 10a. The obligation to contraction in small-scale hydropower plants, which is before 1. January 2008 has been re-erected or revitalised, after the expiry of the provisions of the BGBl Regulation. II No 508/2002, as amended by the BGBl Regulation. II No 254/2005, set time limits for the market price as determined in accordance with § 20 minus the average cost of balancing energy of the eco-current winding station in the last calendar year for small-scale hydropower plants and other Oestrogen plants (excluding wind power plants in accordance with § 15 (4) per kWh). The obligation to contract all small-scale hydropower plants, which are to be found before the 1. In 2003, the necessary authorisations for the establishment have been granted and not within the scope of the BGBl Regulation. II No 508/2002, as amended by the BGBl Regulation. II No 254/2005, have been revitalised, as from 1. Jänner 2009 only for the market prices published in accordance with § 20 minus the average cost of balancing energy of the eco-current winding station in the last calendar year for small hydropower plants and other Eco-electricity installations (excluding wind-power installations in accordance with § 15 (4)) per kWh;
2.		from other green electricity plants approved at first instance after 31 December 2002 and by 31 December 2004, to those covered by the BGBl Regulation. II No 508/2002, as amended by the BGBl Regulation. II No 254/2005, certain time limits and prices, without prejudice to the provisions of Section 10a. From the 14. Year after the installation of the plant, electrical energy from wind turbines shall be subject to the contrasting obligation to the market price published in accordance with § 20, minus the average cost of compensating energy of the Eco-current winding station in the last calendar year for wind turbines (§ 15 para. 4) per kWh. For all other other green electricity systems, there is a requirement to contract from the 14. Year after the installation of the plant to the market price published in accordance with § 20, less the average cost of balancing energy of the eco-current winding station in the last calendar year for small hydropower plants and other Eco-electricity installations (excluding wind-power installations in accordance with § 15 (4)) per kWh;
3.		from small-scale hydropower plants, which are based on the 1. January 2008 went into operation or after 1. Jänner 2008 have been revitalised and for which there is no entitlement to investment grant in accordance with § 12a, or in respect of which no application for the grant of an investment grant has been made pursuant to section 32d (9), at the prices which have been made by Regulation pursuant to § 11 (1); the obligation to contradate these prices shall be for a period of at least 10 years from the start of operation of the plant, without prejudice to the provision of § 10a. After the expiry of the period laid down in the Regulation, the obligation to contract for small-scale hydropower plants shall only be subject to the market prices as determined in accordance with Article 20, minus the average expenditure on balancing energy of the Green-current winding station in the last calendar year for small-scale hydropower plants and other eco-current installations (excluding wind-power installations in accordance with § 15 (4) per kWh). For new or revitalised small-scale hydropower plants which are entitled to an investment grant in accordance with Section 12a, the obligation to contract shall be subject to the market prices as determined in accordance with § 20, minus the average expenses for Balancing energy of the eco-current winding station in the last calendar year for small-scale hydropower plants and other green electricity plants (excluding wind-power costs in accordance with § 15 (4)) per kWh;
4.		from other green electricity plants approved after 31 December 2004, or in accordance with the provisions of the BGBl Regulation. II No 508/2002, as amended by the BGBl Regulation. II No 254/2005, certain time limits are to be put into service and for which a contract is concluded by 31 December 2015 on the reduction of green electricity by the green-current winding station, at the prices determined by regulation (§ 11 (1)) . The obligation to contraction at these prices consists of plants within the scope of the Ecoflow Ordinance 2006, BGBl. II No 401, for the period of validity of the prices fixed therein and for other other green electricity installations for the period of validity of the prices laid down in Article 11 (2a). After the obligation to concontract with the prices determined by law or regulation, wind turbines shall be subject to a contraction obligation on the market price published in accordance with § 20, minus the average expenses for Balancing energy of the green-current winding site in the last calendar year for wind power plants (§ 15 (4) per kWh). In the case of all other other green electricity plants, provided that no support is provided in accordance with Section 11b, the market price published in accordance with Section 20 minus the average costs of compensation energy of the Eco-current winding station in the last calendar year for small-scale hydropower plants and other eco-current installations (excluding wind-power costs in accordance with Article 15 (4)) per kWh;
5.		for green electricity plants not covered by Z 1 to 4 and 6, excluding hydropower plants with more than 10 MW of congestion and electricity generation plants based on animal meal, waste liquor, sewage sludge, on the market price published in accordance with Section 20, in the case of wind turbines, minus the average cost of balancing energy in the last calendar year for wind power plants (section 15 (4) per kWh), in all other green electricity plants less the Average cost of balancing energy of the green-current winding site in the in each case last calendar year for small-scale hydropower plants and other green-current installations, with the exception of the expenditure on wind turbines (section 15 (4)) per kWh, provided that no price is fixed in accordance with § 11. In addition, there is a requirement to contraa with the green-current winding station in the case of green electricity plants falling under Z 1 to 4 and 6, on the market price published in accordance with § 20, in the case of wind turbines less the average expenditure for balancing energy in the last calendar year for wind turbines (§ 15 (4) per kWh), for all other green electricity plants less the average cost of balancing energy of the Eco-current winding station in the last calendar year for small-scale hydropower plants and Other green electricity systems other than those for wind turbines (Article 15 (4)) per kWh, provided that the operator is entitled to purchase electrical energy at the prices in Z 1 to 4 and 6 for at least 12 months waive;
6.		from other green electricity plants, for which there is still an obligation to take on the acceptance in accordance with Section 30 (3) (Altanlagen), to the provisions of Section 30 (3). After the expiry of the time limits pursuant to Section 30 (3) for the grant of the income rate, there is a acceptance obligation at the market price in accordance with § 20 minus the respective expenses for balancing energy in the sense of the Z 2 and 4; "

18. The headline on § 10a and § 10a (1) and (2) are:

" Special provisions on the obligation to contraction

(1) Electrical energy excluded from the obligation to contraction in accordance with § 10 shall be that with waste liquor, animal meal, sewage sludge, by hydropower plants with a bottleneck capacity of more than 10 MW, by small-scale hydropower plants according to § 12a or by CHP plants according to § 12. Furthermore, there is no obligation to conserve plants according to § 10 Z 4 on the basis of solid biomass, which do not have any measures to avoid fine dust which corresponds to the state of the art. For electrical energy from photovoltaic systems, the obligation to contraction in accordance with § 10 Z 2 is only up to the nationwide total of 17 MW. In addition to this extent, there is a requirement to contravene electrical energy from photovoltaic systems only at the prescribed prices, if these correspond to the characteristics of § 10 Z 4, and those in paragraph 9, as amended by the Federal Act BGBl. I No 105/2006, which are circumscribed. Photovoltaic systems with a peak power of up to 5 kW, which do not contract with the ecocurrent winding station up to that in § 32d para. 1 in the version of the BGBl. I n ° 114/2008, which has been concluded, are the subject of support measures to support the market penetration of climate-relevant and sustainable energy technologies (Article 3 (1) (3) of the German Federal Law on the Establishment of Climate Change) and Energy Fund (KLI.EN-FondsG), BGBl. I No 40/2007). For these plants, an obligation to contrive the green-current winding site to the market price published in accordance with § 20 minus the average cost of compensation energy in the last calendar year for small hydropower plants and other green electricity systems other than those for wind power plants (§ 15 para. 4). For photovoltaic systems with a peak power of more than 5 kW, which do not have a contract with the eco-current winding station up to the one in § 32d para. 1 in the version of the BGBl. I n ° 114/2008 have concluded that the eco-current winding station is subject to the obligation to contract under the conditions laid down in § 11. If funding from the KLI.EN-FondsG has been used for these installations or for the parts of the installation necessary for the operability of these plants, this is to be carried out in an appropriate manner for the purpose of determining the support under this Federal Act. consideration. Applicants have to make a statement on the occasion of the application. In addition, the ecosystem can demand appropriate evidence from applicants. In the case of hybrid or mixed combustion plants, the obligation to contraction is limited to the share of renewable energy sources used, which corresponds to the percentage of green electricity fixed in the notification of recognition. The obligation to contract does not apply to installations which are operated on the basis of solid or liquid biomass, waste with a high biogenic share or biogas and, after the expiry of the scope of the Ecoelectricity Regulation, BGBl. II No 508/2002, as amended by the BGBl Regulation. II No 254/2005, have been approved or have been in operation and do not achieve a fuel efficiency of at least 60 vH or do not present a concept on the supply of raw materials over the entire duration of the obligation to contract.

(2) The obligation to contraction in accordance with § 10 shall only be given if all the electrical energy emitted from an ecosystem in the public grid is delivered to the ecocurrent winding site in a period of at least 12 calendar months. , and the operator of this Annex is a member of the Ökobilanzgruppe according to § 16 (1), whereby the self-consumption shall be deducted. "

Article 10a (3) reads as follows:

" (3) The remuneration for the contracted green electricity plants shall be made in accordance with the quantities of green electricity produced and released into the public network by the said electricity. Where the supply of electrical energy to the public network is made up of a number of installations for which different price approaches are used, via only one point of transfer (counting point), a composition of the feed shall be carried out in accordance with the The share of each plant shall be deemed to be in the total production of the calendar month, unless the operator of those installations explicitly states the origin of the energy from a particular installation, for example by means of stoppage protocols of individual installations, or Switching states of these plants. "

20. (constitutional provision) § 10a (5) reads:

" (5) (constitutional provision) The prices for the reduction of green electricity are determined by the prices prescribed at the time the application was submitted for green electricity. In addition, the approved General Terms and Conditions shall apply. If it is not possible to find the long-range with the contractible volume of feed-in tariffs, the green-current winding site for the reduction of green electricity is only required from those green power plants for which it is responsible for the utilization of the contrasting environment. Feed-in tariff volume an application (Anbot) to contract conclusion on the decrease of green electricity has been granted. In this case, the Federal Minister for Economic Affairs and Labour must inform the Federal Minister for Economic Affairs and Labour of this matter without delay (§ 21a). The application (the offer) for the conclusion of a contract for the acceptance of green electricity has to be made on the basis of the general conditions approved in accordance with § 18. In the general conditions, it can be provided that applications (anbotes) are to be introduced and processed with the assistance of automation-supported data processing. The application shall be without prejudice to the special provisions laid down in paragraph 5a applicable to photovoltaic installations, the communication referred to in § 7 as well as proof of all the permits or advertisements necessary for the establishment of the installation. . Incomplete applications are not to be taken into account in the case of loss of precedence, whereby the applicant must be informed of this fact in writing. Applications for the conclusion of a contract, the acceptance of which would result in an exceeding of the contractible volume of feed-in tariff, shall not be accepted. If, at the same time, incoming applications exceed the limit specified by the contractible feed-in tariff volume, the lot shall decide. If an installation is not put into service within 24 months from the date of acceptance of the application, the contract shall be deemed to be dissolved in respect of ecoenergy, unless the applicant makes it credible that the reasons for this are not in his or her own right. Influence area. The countervailable feed-in tariff volume released from the dissolution of this contract shall be attributed to the contractible feed-in tariff volume of the respective category in the current calendar year. "

20a. (constitutional provision) According to Article 10a (5), the following paragraph 5a is inserted:

" (5a) (constitutional provision) For photovoltaic systems that do not apply for the conclusion of a contract with the "Ökodownstream winding station" up to that in § 32d paragraph 1 in the version of the Federal Law Gazette (BGBl). I n ° 114/2008, and for which, in accordance with Section 10a, there is an obligation to concontract the ecosystem to the prices determined in accordance with § 11, the obligation to conclude the application for the conclusion of the contract shall not apply to the Acceptance of green electricity to the information referred to in § 7 and proof of the authorisations or advertisements required for the installation of the installation. However, the applicant has to make a statement as to whether or not the installation or parts of this facility have been used for the purpose of the KLI.EN-FondsG. The information referred to in § 7, as well as the other documents and documents required for the assessment of the acceptance obligation to the prices prescribed in accordance with § 11, shall be submitted by the applicant at the request of the To present the site before the conclusion of a contract of acceptance. Moreover, paragraph 5 shall apply. '

21. § 10a (7) reads:

" (7) In the event that an operator of an ecosystem in accordance with paragraph 6 (1) to (5) has not concluded a contract for the reduction of green electricity as a result of the exhaustion of the contractible feed-in tariff volume, the applicant shall be responsible for: the following calendar year, taking into account the range resulting from the date on which the application was submitted, a contract for the acceptance of green electricity shall be concluded, the contract being subject to the prices and other general conditions of the Eco-downstream processing unit at the time of the entry of this application at the This is to be based on the eco-current development point. In such a case, the operator shall be free to withdraw his application. In any event, the application shall expire after the end of the third following year after the application has been submitted. In any case, a claim to the conclusion of a contract concerning the decrease in green electricity will no longer exist from that point in time at which the feed-in tariff volume for new plants running into operation by 2015 has been exhausted. "

22. § 10a (8) reads:

"(8) The Oeko-downstream winding station is obliged to record the additional support volume still available in a differentiated way according to the category of plant according to § 21b and to be published on an ongoing basis (up-to-date)."

22a. (constitutional provision) Section 10a (9) is deleted.

23. In accordance with Section 10a (8), the following paragraphs 9 and 10 are added:

" (9) If an eco-power plant is extended, the regulations and price estimates for green power plants in accordance with § 10 Z 4 and § 10a shall apply mutagens to the entire extended part of the green power plant. The operator of an extended facility shall, in particular, submit an application in accordance with Section 10a (5) for the extended part of the green power plant. The initial inventory prior to enlargement shall continue to apply to the original rules and rates and to the extended part of the plant, the price corresponding to the performance of the overall situation shall be at the time of the To apply the contract with the ecosystem for the extended green power plant.

(10) The Oeko-downstream entity shall also be obliged to accept quantities of electrical energy in respect of the prices determined in accordance with § 11 which correspond to those quantities of electrical energy produced from the quantities of natural gas extracted from the gas network , which corresponds to the heat equivalent of the amount of gas injected elsewhere into the gas network from biomass. "

Section 11 (1) to (2a) reads as follows:

" (1) The Federal Minister for Economic Affairs and Labour, in agreement with the Federal Ministers for Agriculture, Forestry, Environment and Water Management and for Social Affairs and Consumer Protection, has, by means of Regulation prices per kWh for the acceptance of To fix electrical energy from green power plants for which there is a duty to contract in accordance with Article 10 (3) and (4). The prices have to be based on the average production costs of cost-efficient plants, which correspond to the state of the art. A distinction must be made between new and old installations when different costs are available or if public funding has been granted. The prices shall be determined in dependence on the various primary energy sources, taking into account technical and economic efficiency. For photovoltaic systems it is possible to determine by regulation size classes, to which a share of the additional support volume available for the promotion of photovoltaic systems is allocated in accordance with § 21a. Consideration shall be given to a balanced distribution of the additional support volume to the individual size classes. In determining the prices for plants based on biogas or liquid biomass, raw material prices (energy sources for biomass and/or biomass) may be used. biogas plants shall be taken into account at the most to such an extent that these costs do not exceed the electricity market revenues, as measured by the market prices last published in accordance with § 20; for installations on the basis of solid biomass, this shall apply; if the performance over which a contract has been concluded in accordance with Section 10a (5) has been reached or exceeds 100 MW. A distinction must be made between waste with a high biogenic share and other solid biomass. The fixing of prices must not take place in such a way that biomass is withdrawn from its material use, or Food and feed are withdrawn from their original intended use. The price determination also ensures that the projects will benefit from the projects at the most efficient locations. They can contain further differentiations, such as bottleneck performance or annual electricity production. A temporal differentiation by day/night and summer/winter in the sense of § 25 ElWOG is permissible. A differentiation according to the bottleneck performance of the green power plants and within the plant categories based on biogas by energy source and substrates, as well as other special technical specifications, is permissible. The prices determined pursuant to this Regulation increase for installations according to § 7 (1) and (2), for which only after the entry into force of the Federal Law BGBl (Federal Law Gazette). In accordance with Article 10a (5) of Regulation (EC) No 114/2008 on the reduction of green electricity to the tariff price determined by the Regulation, 2 cents/kWh for the quantities of electrical energy from gas pursuant to Section 10a (10), when the electricity is fed into the network gases have been prepared for the quality of natural gas (technology onus). For electrical energy produced in CHP plants, which are operated exclusively on the basis of biogas or liquid biomass and for which BGBl is only available after the entry into force of the Federal Law. I n ° 114/2008, an application has been made pursuant to Article 10a (5) on the reduction of green electricity to the prices determined by regulation, a supplement of 2 cents/kWh should be provided, provided that this plant is the efficiency criterion in accordance with § 8 para. 2 CHP law, BGBl. I n ° 111/2008. In that calendar year, the resources required for the granting of such surcharges shall be set out in the annual additional volume of support (§ 21a), in which these surcharges are, for the first time, taken up by beneficiaries. The Regulation may also provide for minimum requirements with regard to the technologies to be used, with the minimum requirements to be met by the state of the art. In the case of plants based on solid or liquid biomass or waste with a high biogenic share, on the basis of biogas, in the case of mixed combustion plants, a fuel utilisation rate as well as geothermal systems is in any case included in the regulation. as a whole, at least 60 vH in use. The Regulation can determine higher levels of fuel use if, on the basis of the nature of the plant type, it is based on the state of the art and the optimal use of the primary energy used (energetic). (degree of use) is economically reasonable. The prices of equipment for which a contract for contraction pursuant to § 10 Z 4 exists and for which a contract is applied for the first time at the ecocurrent winding office after the entry into force of this Federal Act, are new for the calendar year 2009 ; for the calendar years following this calendar year, the Federal Minister of Economics and Labour may, in respect of the respective previous year's values, be able to determine the cost of the respective technologies for a reduction in the number of years to be followed. technology-related costs, but in no case for the fuel cost component shall be provided. The Regulation provides for green electricity plants based on solid biomass for which a feed-in tariff according to the BGBl Regulation is applied. II No 508/2002 also provides for combined support for electrical energy and heat if the previous maximum level of support 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 shall apply mutatily. 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 .

(2) The prices are to be designed in accordance with the objectives of this federal law in such a way that an increase in the production of electrical energy from green power plants takes place continuously, with an increase in the production of electrical energy from Raw material-dependent green electricity plants (biomass and biogas) can only be sought in the case of demonstrably secured raw material supply. In order to ensure investment security, provision should be made for a minimum period of ten years for which the fixed tariffs are to be applied from the start of operation of the respective green-electricity system.

(2a) The obligation to contravene the green-current winding station for installations which, after the entry into force of the Federal Law BGBl. I n ° 114/2008, on the prices determined by the Regulation referred to in paragraph 1, for raw materials-based technologies (solid and liquid biomass, biogas) for 15 years and for all other eco-electricity technologies for 13 years Commissioning of the plant. "

25. In accordance with Article 11a (5), the following paragraphs 6 to 8 are added:

" (6) For the calendar years following the calendar year 2008, the Federal Minister of Economics and Labour can generate electricity for green electricity plants, which generate electrical energy on the basis of liquid biomass or biogas from renewable raw materials and for the on the date of entry into force of the Federal Law BGBl. I n ° 114/2008 a contract for the reduction of green electricity by the Eco-current winding station at the prices determined by the Regulation in accordance with Article 11 (1) shall, by means of a Regulation, determine raw material surcharges if, on the basis of Price increases of the raw materials on which primary energy sources are used cannot be operated on a cost-effective basis. These surcharges shall be granted to the operators of these installations in addition to the prices determined by the Regulation in accordance with Section 11. The determination of the surcharges, if these are determined for several primary energy carriers, must be carried out separately for the positions of liquid biomass as well as substrate feedstocks for the biogas production. Excluded from the grant of a raw material surcharge

1.		Mixing furnaces, hybrid systems and
2.		Installations for which there is no obligation to confront the ecosystem or that obligation is limited to the market price, less the cost of balancing energy.

(7) The amount of the raw material supplement shall not exceed 4 cents/kWh for biogas plants and liquid biomass installations. The raw material surcharges shall be re-determined for each calendar year. The surcharges shall be determined in cents per kWh of green electricity produced and fed into the public network in the year in question, and shall be paid out at the request of the green electricity system operator from the ecopower station. Applications for payment of the surcharges shall be submitted within three months from the date of entry into force of the Regulation to the Eco-current winding station. The appropriations necessary for the granting of such surcharges shall be set out in that calendar year in respect of the annual additional volume of support (section 21a) in which, for the first time, these surcharges are claimed by the beneficiaries under this provision. shall be taken.

(8) As soon as a regulation has been issued in accordance with paragraph 6, the ecosystem has, by binding the necessary funds, the financing of the raw material supplement from the annual additional annual additional To ensure the best possible support volume. If the existing additional support volume is not sufficient to cover the funding required for the raw material surcharge, an aliquot reduction has to be made by the eco-downstream processing unit. Paragraph 3 shall apply mutasensitily. "

25a. In accordance with Article 11a (8), the following paragraph 9 is added:

" (9) The development of raw material prices is to be documented on an ongoing basis, to prepare this documentation and to present it annually to the Federal Minister for Economic Affairs and Labour. In the event of a decrease in raw material prices, which is economically effective, the Federal Minister for Economic Affairs and Labour shall immediately be responsible for a reduction or suspension of the raw material supply. On the occasion of the payment of the raw material surcharges in accordance with paragraphs 4 and 7, the Eco-Fdownstream Unit shall inform the plant operators that, in the event of a decrease in the prices of raw materials, the fact that the material price has been reduced effectively is the result of is met and an aliquot part of the received raw material surcharge will be reclaimed. "

26. (constitutional provision) § 11b and headline reads as follows:

" Possible support for raw material-dependent plants after the end of the contract

§ 11b. (constitutional provision) (1) In the case of raw material-dependent green electricity systems which feed into the public network, after the expiry of the obligation to consign, the green-current winding station may commit to a further decrease in the green electricity generated by these plants, if a Fuel efficiency of at least 60 vH is achieved. Section 10a (4) and (5) shall apply mutatily to these contracts. The ecosystem can only conclude contracts for the further decrease of green electricity on the basis of the available feed-in tariff.

(2) The Federal Minister of Economics and Labour may determine, for these installations, prices which are based on the current costs which are necessary for the operation of these installations, with depreciation and interest on the part of the Investment is not to be taken into account. In addition, the Federal Minister of Economics and Labour has to apply the criteria listed in § 11 (1) in the determination of the prices.

(3) The conclusion of contracts in accordance with paragraph 1 may only take place once per facility. The acceptance obligation on the basis of these contracts shall be terminated with a maximum of 20 years from the date on which the plant is put into service. "

27. The title of the second part of the second part reads:

"Electrical energy from waste water plants and small-scale hydropower plants and hydroelectric power plants"

28. § 12 and § 13, with the exception of paragraph 10, are deleted. § 12 together with headline reads:

" Investment subsidies for waste-based plants

§ 12. (1) For CHP plants, which are operated on the basis of waste liquor (residual substances of biogenic origin from the pulp or paper production) and which shall be established in accordance with the date referred to in Article 32d (1), A support is permitted if it is used for the production of process heat, a saving of the primary energy carrier use and the CO2 emissions is achieved in comparison to separate electricity and heat generation and that in § 7 para. 2 KWK-Gesetz shall be met.

(2) The support shall be in the form of investment grants. At the request of the plant operator of an installation as referred to in paragraph 1, a maximum of 30% of the investment volume directly required for the construction of the cogeneration plant (excluding property costs) as an investment grant shall be available on the basis of the available appropriations. , maximum, however, in the case of CHP plants

1.		up to a bottleneck capacity of 100 MW, an investment grant of 300 Euro/kW bottleneck power,
2.		From a bottleneck output of more than 100 MW to 400 MW in the amount of 180 euro/kW of bottleneck performance and
3.		From a bottleneck output of 400 MW to a maximum of 120 euro/kW of bottleneck performance,
where the volume of investment and the amount of aid to be covered by the investment grant is to be proved by the settlement agency for investment grants (§ 13c). The determination of the amount of the supply needs shall be based on the costs required for the establishment and management of the goods and on the revenue to be expected from an economic management. The calculation of the profitability according to paragraph 5 shall be based on a return on the capital employed in the amount of six per cent. In the determination of the proceeds to be expected, the average of the last available EEX-Forwardprizes (if they are no longer available, as similar as possible) shall be for the following three calendar years from the date of preparation of the opinion to use. In addition, actual heat revenues must also be taken into account.

(3) The granting of the investment grant shall ensure that the maximum permitted level of support under Community law is not exceeded. Compliance with the efficiency reference values harmonised by the European Commission in accordance with Article 4 of the Directive 2004 /8/EC on the promotion of cogeneration based on useful heat demand in the internal energy market and amending Directive 92 /42/EEC OJ L 206, 22.7.1992 No. OJ L 52, 21.02.2004, p. 50, is a further condition for granting investment grants. Commitments for investment grants shall be subject to the conditions laid down and subject to the condition of the existing support funds (para. 4). The investment grant must be paid out with the full operation of the facility and the audit of the final accounting documents submitted. The final settlement shall be confirmed by an auditor. Accrual payments are permitted in the case of collateral (e.g. bank guarantees, declarations of patronage) and the approval of the advisory board.

(4) The financial support to be provided for the granting of investment grants is limited to a total of EUR 10 million for the years 2009 to 2012. A sum of EUR 2.5 million per annum shall be provided for in the counting-point flat-rate, which shall be used to cover these investment grants. Applications for investment grants shall be submitted after the date of their entry and shall be dealt with in the order in which they are received.

(5) Applications for the granting of investment grants shall be between 1 January 2009 and 30 September 2012 in writing to the resolution office for investment grants. Assurances regarding the granting of investment grants may be made in accordance with the provisions of paragraphs 1, 3 and 4 to 31 December 2012. Applications shall be those relevant to the establishment of the annexes, which are accessible, authorisations or authorisations, a compilation of the investment costs and an economic calculation according to the dynamised To connect the capital value method. The economic calculation shall be subject to the investment grant required for a rate of interest in accordance with paragraph 2. The economic calculation for the determination of the maximum possible investment grant shall be based on a lifetime of the installation of 15 years. The Federal Minister of Economics and Labour has to secure the investment grant under the conclusion of a contract if the conditions are met and the recommendation of the Advisory Board is taken into account. The financial statement of the investment grant needs to be updated after presentation of the final accounting documents on the level of investment and-also confirmed by an auditor-of the settlement body for the To submit investment grants in writing. Misleading information leads to a loss of entitlement to an investment grant. Are the funds earmarked for the granting of investment grants (para. 4), an investment grant may not be granted. Accrual payments are permitted in the case of collateral (e.g. bank guarantees, declarations of patronage) and the approval of the Advisory Board. "

29. In accordance with § 12, the following § 12a together with the heading is inserted:

" Investment grants for small hydropower plants

§ 12a. (1) For the new direction and the revitalisation of small-scale hydropower plants, the establishment or revitalization of which was completed after 31 December 2007 and which are not entitled to the prices of a Regulation in accordance with § 11, shall be subject to the conditions laid down in of the funds available to grant investment grants. The allocation of the investment grant shall be made by the settlement agency for investment grants. For the quantities of electricity produced by installations with a bottleneck capacity of up to 10 MW, the eco-current winding station shall be subject to the obligation to contraa with the market price published in accordance with § 20, minus the average expenditure for Balancing energy of the eco-current winding station in the last calendar year for small-scale hydropower plants and other green electricity plants, with the exception of the costs of wind power plants (§ 15 para. 4) per kWh. The plant operator shall submit the application for the grant of the support before the start of the construction to the settlement agency for investment grants, unless Section 32d (9) applies. If the facility is not put into service within 2 years after the investment grant has been pledged by the settlement body, the application for investment grant shall be deemed to have been withdrawn and the pledge for an investment grant shall be deemed to be forfeit. This period may be extended by the settlement body for the granting of investment grants once for a further two years, if there are grounds for particular consideration. The entry into service shall be demonstrated by presenting the approval certificate in accordance with § 7 as well as a confirmation by the network operator of the settlement agency for investment grants.

(2) Funnel (revitalization or revitalization) of small-scale hydropower plants as referred to in paragraph 1, the completion and commissioning of which shall take place no later than 31 December 2014, shall be sent to the settlement office for a written request for the Investment grants shall, in accordance with the available resources, grant an investment grant in accordance with the provisions set out below, with the investment volume directly required for the establishment or revitalisation of the installation (excluding the investment grant). land cost). For small-scale hydropower plants with a bottleneck capacity of 500 kW, the amount of the investment subsidy is limited to 30%, but at most 1 500 euro per kW. For small-scale hydropower plants with a bottleneck capacity of 2 MW, the amount of the investment grant is limited at 20%, but at most 1 000 euro per kW. For small-scale hydropower plants with a bottleneck capacity of 10 MW, the level of the investment grant is limited at 10%, but at the most at 400 euro per kW. For small-scale hydropower plants with a bottleneck power of between 500 kW and 2 MW and between 2 MW and 10 MW, the level of the investment subsidy as a percentage as well as in euros per KW shall be determined by linear interpolation. The investment volume of the facility for which an investment grant is requested and the funding requirements shall be determined by an expert opinion from an independent expert to be determined by the governor. The provisions of Section 12 (5) concerning the application to the resolution body for investment grants are, in so far as paragraph 3 does not provide otherwise, the application of the provisions to the effect that in the case of small-scale hydropower plants in the case of electrical engineering Parts of the plant from a service life of 25 years, in the case of the other parts of the plant from a service life of 50 years, shall be subject to an accumulated volume of up to EUR 75 million for investment grants and the applications on the granting of investment grants after the date of their entry into the are to be treated and dealt with. The grant of the investment grant shall ensure that the maximum permitted level of support under Community law is not exceeded. The determination of the amount of the supply needs shall be based on the costs required for the establishment and management of the goods and on the revenue to be expected from an economic management. It is assumed that the capital employed will be less than six per cent. In the determination of the proceeds to be expected, the average of the last available EEX-Forwardprizes (if they are no longer available, if possible similar values) shall be used for the three calendar years prior to the preparation of the opinion. The funds necessary for the grant of the investment grant must be made up of the amounts raised by the collection of the lump sum, with a total of EUR 12.5 million per calendar year in the years 2009 to 2014. The investment grant shall be paid out with the full operation of the installation and, in accordance with the provisions of paragraph 4, of the examination of the final accounting documents submitted. The final settlement shall be confirmed by an auditor. Accrual payments are permitted in the case of collateral (e.g. bank guarantees, declarations of patronage) and the approval of the advisory board. If the volume accumulated for investment grants has been exhausted, further investment grants will not be granted.

(3) Applications referred to in paragraph 1 shall be submitted in accordance with the date referred to in § 32d (1) and by 30 September 2013 at the latest. The payments to the judges (new direction or revitalization) of the assets referred to in paragraph 1 by the settlement authority pursuant to § 13c (1) shall be made available by the Federal Minister of Economics and Labour for the respective plant in the case of the respective installation. The conditions and the acceptance of the recommendation of the Advisory Board pursuant to § 13b under the conclusion of a contract shall be assured. Applications for the grant of the investment grant shall be accompanied by all the relevant data and documents necessary for the assessment of the facts, in particular the quantities of electricity fed into the public network, which shall be: The date of the commencement of the establishment and the date of entry into service shall be demonstrated by appropriate documentation.

(4) By way of derogation from paragraph 2, the granting of investment grants for small-scale hydropower plants, the establishment or revitalisation of which has been completed after 31 December 2007 and which are not entitled to the prices of a Regulation in accordance with § 11, may be granted; shall be made at the request of the plant operator under the following simplified conditions:

1.		In the case of installations with a bottleneck capacity of up to 50 kW, the amount of the investment grant shall be EUR 1 500 per kW of developed bottleneck performance. In this case, only an expert opinion of a technical expert on the expansion of the bottleneck performance in the context of the revitalization or revitalization is to be provided as proof.
2.		In the case of installations with a bottleneck output of 50 kW to 100 kW, the level of the investment grant is limited to 30% of the investment volume (excluding property costs) required directly for the installation or revitalisation of the installation, a maximum of 1 500 Euro per kW of built-in bottleneck. In this case, proof must be provided by a technical expert on the expansion of the bottleneck performance in the context of the revitalisation or revitalisation; the proof of the installation or revitalization of the installation the required volume of investment will be made by presenting the invoices to the settlement agency for investment grants.
3.		In the case of installations with a bottleneck power of 100 kW to 500 kW, the level of the investment grant is limited to 30% of the investment volume (excluding property costs) required directly for the installation or revitalisation of the installation, a maximum of 1 500 Euro per kW of built-in bottleneck. In this case an expert opinion of a technical expert on the expansion of the congestion performance in the context of the re-establishment or revitalisation shall be provided as proof; the investment volume of the investment grant for which an investment grant , an expert opinion of an expert appointed by the plant operator shall be established.
With regard to the other provisions, paragraph 2 shall apply mutatily. For installations with a bottleneck output of 500 kW to 2 MW, a simplified procedure for the determination of the amount of the supply requirement can be provided for in the sense of the Z 3 in conjunction with paragraph 2 of the guidelines in accordance with § 13d. "

30. (constitutional provision) § 13 para. 10 deleted.

31. § 13a (1) reads:

" (1) Funnel from medium-sized hydropower plants, the construction of which takes place between 1 July 2006 and 31 December 2013 and the commissioning of which takes place by 31 December 2014 at the latest, shall be sent to the settlement office for written request for Investment grants, in accordance with the available resources, an investment grant of up to 10% of the investment volume directly required for the establishment of the installation (exclusive property costs), but not more than one Investment grant of 400 euro/kW of bottleneck performance and a maximum of 6 million euros for A medium hydropower plant. The investment volume of the facility for which an investment grant is requested and the funding requirements shall be determined by an expert opinion from an independent expert to be determined by the governor. The provisions of Section 12 (5) concerning the application of the application to the resolution point for investment grants shall apply mutagenly, with the proviso that in the case of medium hydropower plants in the case of electrotechnical plant parts from a service life of 25 years in which the other parts of the plant are to be considered to have a life of 50 years, an accumulated volume of up to EUR 50 million is available for investment grants and applications for the granting of Investment grants are to be put together and treated after the date of their arrival. The grant of the investment grant shall ensure that the maximum permitted level of support under Community law is not exceeded. The determination of the amount of the supply needs shall be based on the costs required for the establishment and management of the goods and on the revenue to be expected from an economic management. It is assumed that the capital employed will be less than six per cent. In the determination of the proceeds to be expected, the average of the last available EEX-Forwardprizes (if they are no longer available, if possible similar values) shall be used for the three calendar years prior to the preparation of the opinion. The aim of this funding is to support the construction of new hydropower plants to the extent of 150 MW up to 2014. The funds necessary for the grant of the investment grant shall be made up of the amounts raised by the collection of the lump sum, with only a maximum amount of EUR 7.5 million per calendar year. The investment grant must be paid out with the full operation of the facility and the audit of the final accounting documents submitted. The final settlement shall be confirmed by an auditor. If the volume accumulated for investment grants is exhausted, further investment grants will not be granted. "

32. In § 13a (1), the following sentence is added:

"Acontation payments are permissible in the event of collateral (e.g. bank guarantees, declarations of patronage) and the approval of the advisory board."

33. The § § 13b and 13c are together with the headings:

" Advisory Board for Investment Grants

§ 13b. In order to advise the Federal Minister of Economics and Labour in the preparation of the guidelines pursuant to § 13d as well as in the decision to grant investment grants pursuant to § 12, § 12a and § 13a of this Federal Act as well as § 7 KWK-Gesetz ist ein Advisory board (§ 26b Energy-Regulatory Authority Act-E-RBG).

Resolution point for the granting of investment grants

§ 13c. (1) The Federal Minister for Economic Affairs and Labour has entrusted the activity of a grant of the investment grants under this Federal Act for the settlement of the grant of the investment grants in accordance with § § 12, 12a and 13a. To write off the settlement office and to apply the provisions of the Bundesvergabegesetz 2006, Federal Law Gazette (BGBl). I No 17, as amended, to be awarded to the best tenderers. The contract requires the agreement of the Federal Minister of Finance.

(2) The contract shall, in particular, be regulated

1.		the preparation and examination of the requests for funding in accordance with the provisions of this Act and the respective Directives;
2.		the forwarding of the prepared funding requests to the Advisory Council for the advice of the Federal Minister for Economic Affairs and Labour with regard to the funding decision;
3.		the conclusion of the contracts on behalf of the Federal Minister for Economic Affairs and Labour with the support advertisers, the settlement and payment of the funding, and the monitoring of compliance with the eligibility conditions;
4.		the recovery of investment grants granted;
5.		the preparation and preparation of documents for the Advisory Council and the implementation of the decision of the Federal Minister for Economic Affairs and Labour;
6.		the annual presentation of a audited financial statement to the Federal Minister for Economic Affairs and Labour by 1 May of the following year at the latest,
7.		the presentation of an economic plan for the following year to the end of the financial year to the Federal Minister for Economic Affairs and Labour;
8.		the submission of activity reports to the Federal Minister for Economic Affairs and Labour;
9.		the supervisory rights of the Federal Minister for Economic Affairs and Labour;
10.		Contract resolution reasons;
11.		the place of jurisdiction.

(3) An appropriate fee shall be fixed for the purpose of carrying out the promotion, taking into account the costs of the settlement of comparable support.

(4) The settlement body shall carry out the transactions with the diligence of a prudent entrepre. A separate accounting system must be carried out for the purpose of carrying out the promotion.

(5) The Federal Minister for Economic Affairs and Labour shall at all times be granted an insight, in particular in the requests for assistance and in the documents relating to the handling of such requests.

(6) The Federal Minister for Economic Affairs and Labour shall provide the resolution office with information on requests for funding and the settlement thereof and, upon request, submit reports to that effect.

(7) For the examination of the activities of the settlement body under this Federal Act, the Federal Minister for Economic Affairs and Labour has to appoint an auditor who does not use the statutory auditor to be ordered in accordance with the provisions of the commercial law. is ident. The auditor shall also examine the appropriateness of the remuneration and costs to be determined each year. The auditor shall submit the result of the examination immediately to the Federal Minister for Economic Affairs and Labour.

(8) The settlement body shall be subject to control by the Court of Auditors in respect of its activities under this Act.

(9) In the case of judicial assertion of claims under this Federal Act, the settlement body shall, on behalf of the Federal Minister for Economic Affairs and Labour, in accordance with the provisions of the Procuration Act, BGBl. No. 172/1945, to be represented by the financial procuration.

(10) The costs associated with the processing of investment grants in accordance with the KWK-Gesetz as well as § 12, § 12a and § 13a are for small-scale hydropower plants, CHP plants and medium hydropower plants proportionally from the funding according to § 22 in conjunction with Section 22a of this Federal Law. "

34. According to Article 15 (1), the following paragraph 1a is inserted:

" (1a) Electricity traders from the Oeko-Resolution Office shall be informed that they supply end-users who have received a communication pursuant to Section 22c (1), this circumstance shall be from the ecopower distribution centre in the determination of the quotas for the electricity traders (Section 15 (1) (3)) shall be taken into account without delay. With regard to these quantities of electricity for which no allocation may be made, the quota of all electricity traders is increasing for the remaining electricity supplies. If a quota adjustment cannot be carried out directly on the basis of the applicable market rules, the green-current winding station is authorized to act on the excess energy generated as a result of the allocation of allocation options in the sense of § 15 (4) as best as possible. "

35. According to Article 19 (1), the following paragraph 1a is inserted:

" (1a) Electricity dealers are entitled and obliged, at the request of end consumers, to the green-current winding station, to the final consumers, to other electricity traders and to the Energie-Control GmbH through appropriate means (such as invoice receipts, measured values) demonstrate the extent to which green electricity has been supplied to these end-users, which has been pre-allocated to the electricity traders pursuant to § 19 (1). "

36. § 21 reads:

" § 21. The following additional expenses shall be deducted from the ecodownstream winding site, taking into account a reasonable interest in the capital used within the meaning of section 14b (2) (4) (4):

1.		the difference between the proceeds from the sale of electrical energy from small-scale hydropower plants and other green electricity plants (§ 22b) and from the prices determined in accordance with Article 11, with the aid of the countries being borne by the countries. Expenses according to § 10a (9), in the version of the Federal Law BGBl. I No 105/2006,
2.		the administrative and financial expenses associated with the performance of the tasks of the Oeko-de-winding site;
3.		the cost of the balancing energy,
4.		the expenses for the surcharges pursuant to § 11 (1),
5.		expenditure on the promotion of new technologies and the promotion of energy efficiency programmes in accordance with Article 22b (6),
6.		the costs of the raw material surcharges for green electricity plants on the basis of liquid biomass or of biogas according to § 11a and
7.		the difference between the proceeds of the proceeds from the sale of electrical energy from small hydropower plants and other green power plants (§ 22b) and the expenses for the support of raw material-dependent plants after the end of the period of the obligation to contraction in accordance with § 11b.
In the context of its supervisory function, the Federal Minister for Economic Affairs and Labour has to examine the aforementioned expenses and to decide on their recognition with a decision. "

37. § 21a reads:

" § 21a. For newly commissioned other green electricity plants (§ 10 Z 4) and for raw material-dependent plants for which feed-in tariffs according to § 11b are granted, the contractible feed-in tariff volume from the additional support volume (§ 5 Z 31a) will be included in the Calendar year of submission of the application in accordance with § 10a (5), plus the value of the green electricity to be contraindicated at the average market price in the previous calendar year (§ 20) minus the aliquots expenses according to § 21 Z 2 and 3 as well as minus an aliquot proportion of the funds to be removed from the countries according to § 22b (6). Raw material surcharges according to § 11a (6) to (8) as well as surcharges for the feeding of biogas into the natural gas grid and for the generation of electrical energy (technology onus) generated in cogeneration plants exclusively based on biogas or liquid biomass (§ 11) should be added to the additional support volume in the calendar year in which these surcharges are used for the first time. Any difference amounts arising in a calendar year between the funds collected in accordance with § 22 and the additional expenses resulting pursuant to § 21 shall be presented by loss lectures or reserves and in the next The calendar year shall be offset by an adjustment of the transfer prices. For the calendar year 2006, the additional support volume is 8.5 million euros. In the calendar years 2007 and 2008, the additional support volume is 17 million euros per calendar year. From the calendar year 2009 onwards, the additional annual support volume shall be EUR 21 million and shall not be exceeded. The Federal Minister for Economic Affairs and Labour immediately after the receipt of a notification from the Eco-Fdownstream Development Office pursuant to Section 10a (5) that the additional support volume available will not be found to be long-lasting. can investigate the causes of this increase in the additional support volume. If the Federal Minister for Economic Affairs and Labour comes to the conclusion that due to the expected applications with the additional support volume available for the following years, it is not possible to find the extension, he has a To initiate an increase in the additional support volume by means of a government template. The aliquots expenses according to § 21 Z 2 and 3 can be determined by regulation of the Federal Minister of Economics and Labour. In doing so, account should be taken of the costs incurred by the technology in question in the previous years. "

§ 21b reads:

" § 21b. Of the additional support volume, which will subsequently be deducted from the contractible feed-in tariff volume, an amount of 2.1 million euros will be allocated to photovoltaic systems. "

39. § 22 reads:

" § 22. (1) To cover the replacement of costs and the investment grants in accordance with § § 7 and 8 KWK-Gesetz and the investment grants according to § § 12, 12a and 13a as well as the additional expenses of the "Ökodownstream winding site" according to § 21 (excluding additional expenses for Small-scale hydropower plants, in respect of which there is an obligation to confront the eco-current winding site for the prices determined in accordance with § 11 or in accordance with Article 30 (3), is a final consumer connected to the public network. The sum of the counting points in euro per counting point pursuant to Article 5 (1) (a) 34a, which is to be paid by the to take account of network operators and, together with the respective network usage fee, to be taken into account by the end users connected to their networks. In the event of a non-payment by the final consumer of the counting point, the network operators shall be obliged to take the necessary measures for the out-of-court or judicial presentation of the counting-point flat-rate. The funds collected shall be deducted from the network operators on a quarterly basis to the ecocurrent winding station. The eco-current winding office is entitled to pre-pause the counting-point flat-rate and to withdraw it on a quarterly basis against subsequent settlement. The counting of the counting points is to be indicated separately on the invoices for the network use, respectively. to be charged separately. The categories included in the counting-point package (CHP plants, small-scale hydropower plants, medium-sized hydropower plants as well as other green-power plants) should be listed. The network operators and the clearing bodies shall provide the ecodeburnment body with all the data and other information necessary for the measurement and lump-sum of the counting-point flat-rate.

(2) In disputes between network operators and end consumers, as well as the ecosystem and network operators, in particular on the performance of the counting point, the ordinary courts shall decide.

(3) withdrawn from the obligation to pay the counting spot as referred to in paragraph 1, in each case for their principal residence, are beneficiaries of social assistance or compensatory allowances, and persons whose net income is the applicable The income of a spouse or a partner living in the common household shall not exceed the amount of the compensatory allowance. The existence of a status of exemption shall be made by the persons entitled to the exemption, on presentation of the corresponding certificates or certificates, the annual salary or the annual wage or salary certificate. the employee assessment or the income tax certificate and its reporting date vis-à-vis the network operator. The Energy Control GmbH may, by means of a regulation, lay down detailed rules on the procedure to be followed for establishing the status of exemption from the system operators, in particular the assertion of the exemption by the beneficiary, the time limit within which the counting-point flat rate must no longer be charged to the beneficiaries and within which the counting-point flat rate, paid after the entry of the exemption status, from the network operators to the beneficiaries , or is to be credited. The Regulation also provides for the beneficiaries to be obliged to notify the network operator without delay of a change in the income situation and to expressly provide the beneficiaries with the obligation to make such changes to the network operator. . The Regulation shall ensure the rapid, simple and administrative management of the tasks entrusted to the network operators. "

40. In section 22a (2), the word order shall be "the Energy Control Commission" through the phrase "the Federal Minister for Economic Affairs and Labour" replaced.

41. In accordance with § 22b, the following § 22c and title shall be added:

" Compensation scheme

§ 22c. (1) By means of a request, the Energie-Control GmbH shall be entitled to grant end-users the right, for twelve calendar months starting with one month's serenas, not with green electricity, which is assigned to the electricity traders by the green-current winding station (§ § § § § 2). 1), to be supplied. The conditions are:

1.		that proof is provided that in the previous calendar year (marketing year), a claim for reimbursement within the meaning of Section 2 (2) (2) (1) of the Energy Tax Compensation Act, BGBl. N ° 201/1996, as last amended by the Federal Law BGBl. I n ° 92/2004, and
2.		in the previous calendar year (marketing year), the green electricity costs amount to at least 0.5% of the net production value (Section 1 (1) of the Energy Tax Compensation Act), or the green electricity costs in the previous calendar year (marketing year) would have been at least 0.5% of the net production value (Section 1 (1) of the Energy Tax Compensation Act) and, in the previous calendar year (marketing year), a compensation amount due to an Energy Control GmbH decision the ecosystem has been paid.
The application shall be accompanied by the communication on the remuneration of the energy levy and a proof of the level of the net production value. The decision shall be made as to the date from which the applicant is entitled to the waiver and has to pay the applicant the payment of the amount of the compensatory amount in accordance with paragraph 2 to the ecocurrent winding station in twelve identical rates. A copy of the certificate must also be delivered to the ecocurrent winding station.

(2) End users who are entitled to not be supplied with green electricity in accordance with paragraph 1 shall have to pay a compensatory amount to the Oeko-downstream winding station. The amount of the compensatory amount shall be 0.5% of the net production value of the previous calendar year (marketing year) of the beneficiary enterprise. The Federal Minister for Economic Affairs and Labour may, on the basis of a regulation, determine the extent to which the net production value of 0.5% of the fictitious green electricity costs in the current calendar year as referred to in paragraph 4 of this Article shall be determined as Compensatory amount to be paid to the eco-downstream processing unit. The Federal Minister of Economics and Labour, in measuring the impact of the compensatory amount, has to look at the performance of the recipient farms, including the performance of the consumer, which is not covered by the The beneficiaries referred to in paragraph 1 shall be considered to have been taken into consideration. In any event, the amount of the compensatory amount shall be limited by the amount of the green electricity costs referred to in paragraph 3 of the last

(3) By means of a regulation based on the data available up to 31 March of the calendar year following the accounting period, the Energie-Control GmbH has divided the electricity quantities allocated to the electricity traders from the green-current winding station, broken down by Small-scale hydropower and other green electricity in relation to the total output of electrical energy from public networks to end users in Austria.

(4) The amount of the green electricity costs referred to in paragraph 1 shall be calculated from the assigned small hydropower and other green electricity quantities as referred to in paragraph 3, multiplied by the difference of the respective transfer price to those published in accordance with § 20. Market prices (average value of the calendar year on which the accounting is based).

(5) Contracts between electricity dealers and end consumers must, in the event of a decision pursuant to paragraph 1, be made compulsory to ensure that those end consumers are subject to the quota of electricity traders from the date of discharge (Article 15 (1) (3) and (1a)) no green electricity is supplied to the electricity traders from the green-current winding station (section 19 (1)), and there is no overrolling of green electricity costs. Contrary Treaty provisions are void. Energy-Control GmbH is entitled to provide electricity dealers with information on the existence of a sheids as referred to in paragraph 1. "

Section 23 (2) reads as follows:

" (2) The funds referred to in paragraph 1 shall be applied:

1.		from the counting-point flat rate in accordance with § § 22 and 22a;
2.		from the sale of green energy in accordance with § 19 in conjunction with Article 22b;
3.		from compensatory amounts in accordance with section 22c (2);
4.		from the amounts collected from the administrative penalties imposed in accordance with section 29;
5.		by other benefits;
6.		from the interest of the funds assessed. "

43. In accordance with § 25 (3), the following paragraph 4 is added:

" (4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, by the end of March of the following year at the latest, the processing status of permit applications for the construction, expansion or adaptation of hydropower plants. "

44. (constitutional provision) Article 32a (4) reads:

" (4) § § 22, 22a and 22b in the version of the Ecoelectricity Act 2006 shall take place on the 1. Jänner 2007 in Kraft. "

45. In accordance with § 32c, the following section 32d (1) and title shall be inserted:

" Entry into force and transitional provisions of the 2. Green electricity law-Novel 2008

§ 32d. (1) The entry into force of the 2. Ecoelectricity Novel 2008, with the exception of the provisions referred to in paragraphs 2 to 4 and Para. 6 to 10, shall be made after the Commission of the European Communities has been authorised or not understated in accordance with Article 88 (3) of the EC Treaty. The Federal Minister for Economic Affairs and Labour has published this date in the Federal Law Gazan. The provisions referred to in this paragraph shall enter into force at the end of the day of the event. "

46. (Definition of the Constitution) According to Section 32d (1), the following paragraphs 2 to 4 are added:

" (2) (constitutional provision) § 1, in the version of the Federal Law BGBl. I n ° 114/2008, enters into force with the day following the event.

(3) (constitutional provision) § 10a (5) and (5a) and § 33 (1) (1), as amended by the Federal Law BGBl. I n ° 114/2008, enter into force with the date specified by paragraph 1. Section 10a (5), (5a) and (7), as amended by the Federal Law BGBl. I No 114/2008, shall not apply to applications submitted before the entry into force of these provisions at the eco-current winding station.

(4) (constitutional provision) § 10a (9), in the version of the Federal Law BGBl. No 105/2006, shall not enter into force with the date specified in paragraph 1. Without prejudice to the external force of this provision, Section 10a (9) shall apply to those contracts which have been concluded prior to the expiry of the term of office. Section 13 (10), in the version of the Federal Law BGBl. I n ° 44/2008, will expire on the basis of paragraph 8 with the expiry of that day on which the entry into force of that federal law in the Federal Law Gazan has been published in accordance with § 13 KWK-Gesetz. "

47. According to Section 32d (4), the following paragraphs 5 to 11 are added:

" (5) Before the entry into force of the 2. Eco-electricity legislation-Novelle 2008, BGBl. I n ° 114/2008, already a contract with a settlement body in accordance with § 13c (1) in connection with § 30a, written and legally concluded, no proceeding according to § 13c is required before the termination of this contractual relationship. The contract concluded in accordance with § 13c (1) shall be replaced by the 2. Eco-electricity legislation-Novelle 2008, BGBl. I n ° 114/2008, is not affected by its validity and is in compliance with the new tasks of the settlement body according to § 12 and § 12a, as amended by the Federal Law BGBl. I No 114/2008.

(6) § 7 para. 1 penultimate sentence, in the version of the Federal Law BGBl. I n ° 114/2008, occurs retrospectively to the 1. Jänner 2003 in force. Installations which have already been approved as mixed-fire or hybrid plants at the date of entry into force of this provision, even though they also use energy carriers which are technically necessary for the operation and which are not renewable. Energy sources are considered to be green electricity systems in accordance with § 7 (1). In accordance with Section 68 (2) of the AVG, counterparties are to be remedied retroactively or amended.

(7) With 1. Jänner 2009 will be replaced by the following provisions in the version of the Federal Law BGBl. I n ° 114/2008 in force:

1.		The sentence "The prices of installations for which there is a contraction obligation in accordance with § 10 Z 4 and for which, after the entry into force of this Federal Act, for the first time a Vetragsconclusion is requested from the Eco-current winding office, the sentence" The prices for installations for which there is a contraction obligation in accordance with § 10 are to be redetermined for the calendar year 2009; for the calendar years following this calendar year, the Federal Minister for Economic Affairs and Labour may be subject to the respective previous year's values in accordance with the cost development of the respective Technology is a blow to technology-related costs, but in no way to the fuel cost component. " and
2.		§ 13a (1), § 21a, § 21b and § 25 (3).

(8) § 12 and § 13 (1) to (9), (11) and (12), as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 44/2008, expire at the end of that day on which the entry into force of the Federal Law Gazed in accordance with § 13 KWK-Gesetz (German KWK-Gesetz) was published in the Federal Law Gazan. The one at the time of the entry into force of the Federal Law BGBl. I n ° 114/2008 pending proceedings are under the provisions of the Ecoelectricity Act, BGBl. No 149/2002, in the version of the Federal Law BGBl. I No 44/2008.

(9) For installations, with the construction of which shall be 1. Since January 2008 and prior to the entry into force of this Federal Act, the plant operator may use an investment grant in accordance with § 12a instead of the conclusion of a contract in accordance with Section 10a (5). In this case, the conclusion of a contract in accordance with Section 10a (5) is inadmissible. Contracts which have already been concluded shall be resolved; in this case, the plant operator shall repay the additional revenue resulting from § 10 Z 4, last sentence, to the green-current winding station. Applications pursuant to this provision shall be submitted no later than three months after the entry into force of this Federal Act, in accordance with Section 1, with the Resolution Unit for the granting of investment grants. The Resolution Unit for the granting of investment grants has to inform the ecosystem of the receipt of the application.

(10) § 11a (9), in the version of the Federal Law BGBl. I n ° 114/2008, enters into force with the day following the event.

(11) In the performance of its tasks pursuant to § 15, the ecocurrent winding office shall have the following tasks from the 2. Eco-electricity legislation-Novelle 2008, BGBl. I n ° 114/2008, which resulted in a change in the legal situation. "

48. (constitutional provision) § 33 Z 1 reads:

" 1.		(constitutional provision) With regard to § 1, § 10a (5) and (5a), § 22b (6), § 27, § 30, § 30d, § 31 (1), § 32 (1) and 5, § 32a, § 32b sec. 1, § 32c, § 32d paragraphs 2 to 4, and § 33 Z 1 the Federal Government; "

49. § 33 Z 2 and 3 is replaced by the following Z 2 to 6:

" 2.		as regards Section 11 (1) of the Federal Minister of Economics and Labour, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, and the Federal Minister for Social Affairs and Consumer Protection;
3.		as regards Section 13c (1) of the Federal Minister for Economic Affairs and Labour, in agreement with the Federal Minister for Finance;
4.		as regards Section 13d (5) of the Federal Minister for Economic Affairs and Labour, in agreement with the Federal Ministers for Finance and for Agriculture, Forestry, Environment and Water Management;
5.		in respect of Section 25 (4) of the Federal Minister for Agriculture, Forestry, the Environment and Water Management;
6.		and the Federal Minister for Economic Affairs and Labour. "

Fischer

Gusenbauer