111. Federal law, which reenact provisions in the field of cogeneration (CHP law)

The National Council has decided:

Constitutional provision

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

Scope

§ 2. (1) This federal law regulates the uniform distribution of the expenses incurred by the promotion of the generation of electrical energy in cogeneration plants.

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

1.		Promotion by remuneration of part of the costs of the operation of existing and modernised CHP plants for public district heating;
2.		Promotion by investment grants for new cogeneration plants, with the exception of the facts contained in § 12 of the Ecoelectricity Act.

Implementation of Community law

§ 3. This law lays down Directive 2004 /8/EC on the promotion of cogeneration based on a useful heat demand in the internal energy market and repealing Directive 96 /42/EEC, OJ L 206, 22.7.2004, p. No. 50, and Directive 2003 /54/EC concerning common rules for the internal market in electricity and repealing Directive 96 /92/EC, OJ L 327, 22.12.2003, p. No. OJ L 176 of 15.07.2003 p. 37.

Objectives

§ 4. The aim of this federal law is to ensure their continued operation and to promote their modernisation by supporting existing CHP plants for the public district heating supply.

Definitions

§ 5. (1) For the purposes of this Federal Law, the term "

1.		"existing CHP plants for public district heating" those combined heat and power plants, for which before the 1. In 2003, the necessary authorisations for the establishment were granted;
2.		"CHP plants" ("Power heat coupling systems") , installations for the generation of electrical energy, in which electrical energy and useful heat are generated simultaneously from primary energy sources;
3.		"cogeneration energy" means electrical energy, which is produced directly and efficiently maximally as a coupling product in the generation of useful heat;
4.		"modernised cogeneration plants" means those CHP plants for which a commissioning after the first one. October 2001, when the cost of renewal is at least 50% of the cost of a new investment of the total plant (excluding construction);
5.		"new cogeneration plants" means those cogeneration plants with investment grants, the construction of which shall be carried out after 1 July 2006, if the cost of renewal is at least 50% of the cost of a new investment of the total plant (including the construction) and the waste heat thereof is used to such an extent for heat supply or process heat generation (economically), that the efficiency criterion (§ 8 para. 2) is fulfilled;
6.		"public district heating" means the delivery of useful heat for space heating and hot water via a line network in a given area to a number of customers in general terms.

(2) The definitions of the Ecoelectricity Act (ÖSG) as well as of the Electricity Economic and Organization Act (ElWOG) are also applicable.

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

Guarantees of origin

§ 6. The recognition of proofs of origin as well as the monitoring is regulated in the laws of the state issued pursuant to § 42a ElWOG (§ 42a ElWOG).

Promotion of CHP energy

§ 7. (1) Promotion of the generation of electrical energy produced directly and efficiently maximally as a coupling product in the production of district heating, from existing or modernised CHP plants (§ 8) is only subject to the condition ,

1.		the operation of the public district heating system, and
2.		a saving of the primary energy carrier insert and the CO 2- Emissions compared to separate electricity and heat generation are achieved.

(2) In the case of new cogeneration plants with a bottleneck capacity of more than 2 MW, a support is permitted even if it is used for the production of process heat, the other requirements contained in paragraph 1 are met and the provisions contained in section 8 (2) of this Regulation are applicable. Efficiency criteria are met. The promotion of new CHP plants is also permitted if the energy sources are at least partially used for waste, sewage sludge or waste liquor. The inclusion of room heat is permitted, provided that the public district heating supply or production of process heat predominates. The aim of this funding is to support the construction of new CHP plants to the extent of 2 000 MW (electric) up to 2014.

(3) The promotion of new cogeneration plants, for which all the authorisations required for the construction of the plant are available in the first instance by 30 September 2012, and which will be operational by 31 December 2014 at the latest, shall be in the form of investment grants. At the request of the plant operator of a new cogeneration plant, a maximum of 10% of the investment volume directly required for the construction of the cogeneration plant (excluding real estate costs) shall be the investment grant in accordance with the available appropriations. , maximum, however, for CHP plants

1.		up to a bottleneck capacity of 100 MW, an investment grant of 100 Euro/kW bottleneck power,
2.		From a bottleneck output of more than 100 MW to 400 MW in the amount of 60 Euro/kW congestion capacity and
3.		From a bottleneck output of 400 MW to a maximum of 40 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 ÖSG). 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 6 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.

(4) The granting of the investment grant shall ensure that the maximum permitted level of support under Community law is not exceeded. Where the Commission has established harmonised efficiency reference values in accordance with Article 4 of Directive 2004 /8/EC on the promotion of cogeneration based on a useful heat demand, compliance with these criteria is a further condition for the granting of 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. 5). The investment grant must be paid out with the full operation of the facility and the audit of the final accounting documents submitted. Accruing payments are permissible in case of collateral (e.g. bank guarantees, declarations of patronage) and the approval of the advisory board in accordance with § 13b ÖSG. The final settlement shall be confirmed by an auditor.

(5) The financial support to be provided for the granting of investment grants is limited to a total of EUR 55 million for the years 2006 to 2012. Of these funds, 30% are to be used for the promotion of cogeneration plants that are used industrially, and 70% are to be used to promote CHP plants that are not used industrially. In so far as the funds collected for the promotion of existing cogeneration plants for the calendar years 2003 to 2005, which were not required to cover the additional costs of the operators of cogeneration plants in accordance with § 8, are not found to be long-lasting may be included in the surcharges referred to in Article 8 (10), or Provision should be made for a percentage of the total number of points to be used to cover the appropriations required for the 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.

(6) Applications for grant of investment grants shall be between 1 January 2007 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 4 and 5 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 3. 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. 5), an investment grant may not be granted.

Cost of CHP energy

§ 8. (1) The operators of existing and modernised CHP plants shall, taking into account the electricity and district heating revenues, the costs required for the maintenance of the operation in an annual by the Federal Minister for Economic Affairs and Amount of work to be determined in cents per kWh of electricity generation (support tariff for CHP electricity) by Energie-Control GmbH. These costs consist of the cost components of fuel costs, costs of maintenance and operating costs, except in the case of existing cogeneration plants, the cost of a reasonable return on the capital used, pension payments, Administrative costs and taxes. In the case of modernised cogeneration plants, the costs of an appropriate return on the capital used, with the exception of the capital used for the building (§ 5 para. 1 Z 4), are taken into account. No cost reductions will be granted for the quantities of electricity that are not directly and efficiently maximised as a coupling product in the production of district heating. The Federal Minister for Economic Affairs and Labour is able to assist independent experts in determining the relevant facts for the determination of the support tariff.

(2) A significant saving in the primary energy carrier use of CHP plants compared to modern caloric power plants without the use of heat is available if the following relation for the installation is satisfied during the observation period:

W = heat quantity (kWh), which is delivered to the public district heating network or used economically as process heat

B = Total fuel consumption in kWh

E = electrical energy (kWh) emitted to the public electricity grid or measured at the generator terminal.

The calculation of the efficiency criterion shall be carried out on a monthly basis per plant or per operator. Consideration should be given to a total energy policy with regard to greenhouse gas reductions.

(3) The operators of existing or modernised CHP plants using more than 10% of the heating value of the fuel used as district heating energy for the public district heating system shall be subject to a support tariff for the years 2003 and 2004. 1.5 cents/kWh of CHP electricity is granted to the extent that their installations meet the relation given in paragraph 2 above. The support from 2005 shall be determined by applying the provisions of paragraphs 1 and 2.

(4) In the case of installations which do not comply with the relation referred to in paragraph 2 or which use only 3% to 10% of the heating value of the fuel used for the public district heating, the support tariff for the years 2003 and 2004 shall be: maximum 1.25 cent/kWh. The support from 2005 shall be determined by applying the provisions of paragraphs 1 and 2.

(5) The promotion of existing CHP plants is limited until 31 December 2008. For modernised CHP plants, this period shall end with the end of 31 December 2010.

(6) The operators of the cogeneration plants shall submit all necessary documents with the application for examination of the additional costs and, at the request of the Federal Minister for Economic Affairs and Labour, to supplement the documents accordingly. This also applies to verifications on the part of the Federal Minister of Economics and Labour. The application shall be accompanied by all the relevant data and documents necessary for the assessment of the facts. These data and documents shall include, in particular, the drawing up of all the costs of the production facilities, the presentation of market price trends and estimates for the period of acceptance requested, the proceeds from the sale of district heating, together with the Contracts for the supply of district heating, the ownership and contract conditions, the parts of the production plant which are relevant to the district heating, plant-approval certificates and other fittings relating to the installation relating to, in the past, completed Current supply contracts and current power supply contracts, contracts on fuel cover, production volumes of district heating and electrical energy over the last 10 years and their time breakdown (monthly), all current supply contracts for all plants of the operator, as well as the share of the District heating production of the plant on the entire application of district heating in the district heating network.

(7) The additional expenditure to be paid (CHP support tariff) per kWh for the electricity generated at the same time as district heating is determined by the Federal Minister for Economic Affairs and Labour for a calendar year in advance for the respective plant. The operators of CHP plants shall use their facilities in such a way as to ensure the most efficient operation possible.

(8) The Federal Minister for Economic Affairs and Labour shall be entitled, at any time, to carry out a review as to whether the actual development of the cost structures and the operation of the combined heat and power plant shall determine the actual development of the cost structures and the operation of the combined heat and power plant. More than one of the assumptions used in this respect. The Federal Minister for Economic Affairs and Labour can also contribute independent experts in order to determine this situation. If the assumptions used in determining the additional costs are not to be met, the Federal Minister of Economics and Labour will have to redefine the additional expenditure to be deducted.

(9) In the case of deliveries and services of undertakings which are legally associated with the owner or operator of the combined heat and power plant, the appropriateness of the prices shall be provided by a documentation of the binding price quotes of Companies that are not legally connected to the owner or operator of the combined heat and power plant.

(10) (constitutional provision) The financing of the additional costs for CHP plants will take place from 1 January 2008. January 2007 by the counting-point flat rate according to § 22a ÖSG. Of these funds, EUR 55 million is to be made available for the granting of investment grants pursuant to Article 7 (3). Of these funds, 30% are to be used to promote CHP plants that are used industrially and to use 70% for the promotion of CHP plants that are not used industrially. In 2003 and 2004, the cogeneration surcharge shall not exceed 0.15 cents/kWh and, in 2005 and 2006, a maximum of 0.13 cent/kWh. In 2007 and 2008, a maximum of EUR 54.5 million and a maximum of EUR 28 million in 2009 and 2010 must be made available for the support of CHP plants in accordance with § 22a of the ÖSG. From the 1st Jänner 2007 is not allowed to collect a cogeneration blow in Cent/kWh. After 31 December 2008, there will be no support for existing combined heat and power plants, which will not be supported after 31 December 2010. After 30 September 2012, applications for investment grants for new CHP plants cannot be submitted. Can be used with the surcharges or The assistance referred to in paragraph 1 shall be reduced proportionately for all existing and modernised installations by means of the funds to be applied from the lump-sum total of the counting points.

(11) In the context of the funds provided in accordance with § 22a ÖSG, Energie-Control GmbH shall carry out the processing of the cost replacement for cogeneration energy.

(12) A weighted market price shall be applied for the determination of the electricity generated in accordance with paragraph 1. This calculation is calculated on the basis of the average of the EEX or, if no corresponding data are available in the EEX, another representative power exchange, on the trading days of the months of July, August and September of the current year. Prices for base and peak-quarter futures for the following year. In order to take into account the daily and seasonal usage characteristics, a base share of 95% and a peak share of 5% is to be used, as well as a quarter-future weighting of 37% for the first quarter, 17% for the second quarter, 10% for the third quarter. quarter and 36% for the 4. To base the quarter on.

Implementation of the grant of investment grants

§ 9. The settlement of the grant of investment grants shall be carried out by the settlement body for the granting of investment grants (Section 13 of the Austrian Development Fund (ÖSG)). Within the framework of the guidelines for the granting of investment grants in accordance with § 13d ÖSG, regulations concerning the granting of investment grants under this federal law must also be adopted.

Application of appropriations

§ 10. The funds required for the grant of grants under this federal law are applied by the counting-point flat rate (§ 22 ÖSG).

Transitional provisions

§ 11. The proceedings pending at the time of the presentation of this Federal Law are in accordance with the provisions of the Ecoelectricity Act, BGBl. No 149/2002, in the version of the Federal Law BGBl. I No 44/2008.

Final provisions

§ 12. (1) Where reference is made in this Federal Act to provisions of other federal laws or Community legal acts, these provisions shall be applied in their respectively applicable version.

(2) Operators of recognised renewable energy installations shall be entitled to issue tradable certificates which may be used in another EU Member State, the EEA State Party, or in a third country.

Entry into force

§ 13. (constitutional provision) (1) The provisions of this Federal Law shall enter into force, with the exception of the provision referred to in paragraph 2 above, 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.

(2) § 11 shall enter into force with the day following the customer's notice.

Fischer

Gusenbauer