59. Regulation of the Federal Minister for Economic Affairs and Labour, which sets out the prices for the reduction of electrical energy from green electricity plants on the basis of contracts concluded by the Eco-current winding station in the calendar year 2008 (Ecoelectricity Regulation 2008)

On the basis of § 10a (9) and § 11 of the Ecoelectricity Act, BGBl. No 149/2002, in the version of the Federal Law BGBl. I n ° 10/2007, is being assigned in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management and the Federal Minister for Social Affairs and Consumer Protection:

Scope

§ 1. (1) This Regulation shall, without prejudice to the provisions of Section 8 (5), determine the prices for the reduction of electrical energy from new plants (Article 5 (1) Z 22 in conjunction with Z 27 of the Ecoelectricity Act), to which, after 31 December In 2004, the necessary authorisations were granted in the first instance and based on renewable energy sources, hydropower, wind, solar, geothermal energy, wave and tidal energy, biomass, waste with a high biogenic share, Landfill gas, sewage gas and biogas are operated.

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

1.		with regard to those new plants operating on the basis of photovoltaics, wind power, geothermal energy, landfill gas or sewage gas, and those between the 1. In 2003 and 31 December 2004, the authorisations necessary for the establishment of the necessary authorisations have been granted in the first instance if they have been put into operation or are in operation after 30 June 2006;
2.		with regard to those new plants operating on the basis of solid biomass and wastes with a high biogenic share, liquid biomass or biogas, and those between 1 The first instance of the necessary authorisations for the establishment of the necessary authorisations for the establishment of the necessary authorisations after 31 December 2007, and of 31 December 2004,
3.		with regard to new or revitalised small-scale hydropower plants which have been put into operation after 31 December 2007 or which have been revitalised after 31 December 2007.

(3) The prices specified in the Regulation shall be based only on those contracts for which the ecopower station is bound by the 2008 calendar year in accordance with the provisions of Section 10a of the Ecoelectricity Act.

(4) The decree of the Federal Minister for Economic Affairs and Labour of 20 March 2003, Zl. 551.352/48-IV/1/03, in the version of the Decree of 9 July 2003, Zl. 551.352/110-IV/1/03, is not applicable to installations falling within the scope of this Regulation ,

Minimum efficiency

§ 2. (1) In the case of installations based on solid or liquid biomass or waste with a high biogenic share, on the basis of biogas and in the case of mixed combustion plants, the prices specified in the Regulation shall be granted only if a fuel utilization level (§ § 2) is to be granted. 5 (1) (5) of the Ecoelectricity Act) of at least 60% is achieved.

(2) The attainment of the statutory fuel efficiency shall be demonstrated by means of a concept before the plant is put into operation and must be proven by March of the following year at the latest for each completed calendar year. For the first time, proof must be provided for the first year of operation no later than 18 months after the start of operation, commencing three months after entry into service.

Period of validity of prices

§ 3. (1) The prices (tariffs) contained in this Regulation shall apply to the installations referred to in Article 1, with the exception of new or modernised small-scale hydropower plants, for the reduction of electrical energy by the ecopower station for a period of time of: 10 years from the start of operation of the plant; 11. Year of operation there is a claim for payment of 75 vH of this price; in 12. Year consists of a claim for payment of 50 vH of this price. If in the 11. and 12. The year of the reduced price is lower than the market price, there is a claim for payment in the amount of the market price according to § 20 of the Ecoelectricity Act.

(2) For new or revitalised small-scale hydropower plants, the prices (tariffs) contained in this Regulation shall apply to the reduction of electrical energy by the Eco-current winding station for a period of 15 years, calculated from the start of the operation of the Installation; for small-scale hydropower plants with a bottleneck capacity up to and including 1 MW, the period of the following 12 years according to § 10 Z 3 of the Ökostromgesetz (Ökostromgesetz) shall be subject to a collection obligation for the following 12 years. Market prices minus the average cost of compensating energy of the Eco-current winding station in the last calendar year for small-scale hydropower plants and other green electricity plants, other than the costs of wind power plants according to § 15 (4) of the Ecoelectricity Act, per kWh.

Definitions

§ 4. For the purposes of this Regulation:

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

Fixing of prices for green electricity from photovoltaics

§ 5. (1) The prices for the reduction of electrical energy from photovoltaic installations shall be as follows:

1.		up to 5 kW peak								45.99 Cent/kWh;
2.		more than 5 kW peak up to and including 10 kW peak								39.99 Cent/kWh;
3.		more than 10 kW peak								29.99 cents/kWh.

(2) The expenses within the meaning of Section 10a (9) of the Ecoelectricity Act shall be determined by those expenses arising from the decrease in electrical energy from photovoltaic systems falling within the scope of this Regulation and by the aliquot expenses according to § 21 Z 2 and 3 of the Ecoelectricity Act. The prices referred to in paragraph 1 shall be granted on the condition that a declaration of the country in which the installation is established shall be subject to 50 vH of the necessary expenditure for the reduction of electrical energy from the installation concerned National funds are to be carried. An increase in the support volume in accordance with § 5 (1) Z 31 of the Ecoelectricity Act is not connected with the acquisition of 50 vH of the expenses by the countries.

Fixing of prices for green electricity from wind turbines

§ 6. A price of 7.54 cent/kWh is determined for the decrease in electrical energy from wind turbines.

Setting of prices for green electricity from geothermal energy

§ 7. For the reduction of electrical energy from geothermal energy, a price of 7.29 cent/kWh is determined.

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

§ 8. (1) The following amounts shall be set as prices for the reduction of electrical energy from electricity generation plants which are operated under the exclusive use of the energy carrier:

1.		up to a bottleneck capacity of 2 MW								15.64 Cent/kWh;
2.		In the case of a bottleneck performance of more than 2 MW up to 5 MW								14.94 Cent/kWh;
3.		In the case of a bottleneck performance of more than 5 MW up to 10 MW								13.29 cent/kWh;
4.		With a bottleneck output of more than 10 MW								11.09 cent/kWh.

(2) The following amounts shall be set as prices for the reduction of electrical energy from electricity generation plants which are operated with the exclusive use of the energy carrier wastes with a high biogenic share:

1.		Where primary energy carriers are used in accordance with all five-digit key numbers of Table 2 of the Appendix to Section 5 (1) Z 1 of the Ecoelectricity Act, which begin with SN 17, the prices set in paragraph 1 shall be reduced by 25%;
2.		in the case of use of primary energy carriers in accordance with all five-digit key numbers of Table 1 of the Appendix to Section 5 (1) (1) (1) of the Ecoelectricity Act, which begin with SN 17, the prices set in paragraph 1 shall be reduced by 40%;
3.		in the case of use of primary energy carriers according to all the other five-digit key numbers of Table 1 and 2 of the Appendix to Section 5 (1) (1) (1) of the Ecoelectricity Act, prices shall be set at 4,89 cents/kWh;
4.		in the case of combinations of the starting materials from para. 1, para. 2, Z 1, 2 or [0050] 3. [0050] A one-part tariff according to the fuel quantities used, relative to the fuel heat output, is used.

(3) The prices for the reduction of electrical energy from hybrid and mixed combustion plants in the case of combustion in caloric power stations operated using biomass or a high biogenic waste energy source shall be as follows:

1.		in the case of the exclusive use of solid biomass, 6,29 cent/kWh;
2.		in the case of use of primary energy carriers according to all five-digit key numbers of Table 2 of the Appendix to Section 5 (1) Z 1 of the Ecoelectricity Act, which start with SN 17, the prices fixed in Z 1 will be reduced by 25%;
3.		in the case of use of primary energy carriers according to all five-digit key numbers of Table 1 of the Appendix to Section 5 (1) Z 1 of the Ecoelectricity Act, which start with SN 17, the prices fixed in Z 1 will be reduced by 40%;
4.		in the case of use of primary energy carriers according to all the other five-digit key numbers in Table 1 and 2 of the Appendix to Section 5 (1) (1) (1) of the Ecoelectricity Act, the prices fixed in Z 1 shall be reduced by 50%;
5.		in the case of combinations of the starting materials from Z 1 to 4, a one-part tariff according to the fuel quantities used is used, based on the fuel heat output.

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

(5) For green electricity plants based on solid biomass, for which a feed-in tariff according to the Regulation BGBl. II No 508/2002, as amended by the BGBl Regulation. II No 254/2005 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 Ecoelectricity Act 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
WT support tariff for heat in Cent/kWh
ET-guaranteed feed-in tariff in Cent/kWh
WP-Heat price in Cent/kWh.
The heat price (WP) will be used for this calculation of the support tariff (WT)
1.		for installations up to and including 10 MW ed								2.6 cent/kWh th ;
2.		for installations of more than 10 MW ed								1,8 Cent/kWh th ;
.

Fixing of prices for green electricity from liquid biomass

§ 9. The prices for the reduction of electrical energy from electricity generation plants using liquid biomass as energy sources shall be determined:

1.		for plants based on vegetable oil and other cold-pressed biogenic oils as well as RME up to a bottleneck performance of 300 kW								12.49 cent/kWh;
2.		for plants based on vegetable oil and other cold-pressed biogenic oils as well as RME above a bottleneck output of 300 kW								9,49 cent/kWh;
3.		for installations on the basis of other liquid biogenic fuels								5.99 cent/kWh.

Setting of prices for green electricity from biogas

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

1.		for systems with a bottleneck capacity up to and including 100 kW								16,94 Cent/kWh;
2.		for installations with a bottleneck output of more than 100 kW to 250 kW								15.14 cent/kWh;
3.		for installations with a bottleneck output of more than 250 kW to 500 kW								13.99 Cent/kWh;
4.		for installations with a bottleneck output of more than 500 kW up to 1 MW								12.39 cent/kWh;
5.		for installations with a bottleneck output of more than 1 MW								11.29 cent/kWh.

(2) In the case of use of other than purely agricultural substitutes, the prices laid down in paragraph 1 shall be reduced by 30%.

(3) The prices for the reduction of electrical energy from hybrid and mixed combustion plants using biogas as an energy source shall be proportional to the amount of the biogas used in accordance with paragraph 1 or 2, in relation to the thermal power of the biogas, set.

Setting of prices for green electricity from landfill and sewage gas

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

1.			for clarifying gas							5.94 Cent/kWh;
2.			for landfill gas							4.04 cent/kWh.

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

Setting prices for green electricity from new or revitalised small hydropower plants

§ 12. (1) As prices for the reduction of electrical energy from new small hydropower plants or to an extent have been revitalised, that an increase in the normal working capacity of more than 50% after the completion of the revitalization, determined over a year, , which shall be operational by 31 December 2008, the following amounts shall be fixed for the quantities of electricity fed into the public network:

1.		for the first 1 000 000 kWh								6,24 Cent/kWh;
2.		for the next 4 000 000 kWh								5.00 cent/kWh;
3.		for the next 10 000 000 kWh								4.16 cent/kWh;
4.		for the next 10 000 000 kWh								3.93 Cent/kWh;
5.		more than 25 000 000 kWh								3.77 cent/kWh.

(2) As prices for the reduction of electrical energy from small-scale hydropower plants, which have been revitalised to an extent that an increase in the normal working capacity of more than 15% after completion of the revitalization, shall be determined over one year; , which shall be operational by 31 December 2008, the following amounts shall be fixed for the quantities of electricity fed into the public network:

1.		for the first 1 000 000 kWh								5.95 cent/kWh;
2.		for the next 4 000 000 kWh								4.57 cent/kWh;
3.		for the next 10 000 000 kWh								3.80 cent/kWh;
4.		for the next 10 000 000 kWh								3.43 cent/kWh;
5.		more than 25 000 000 kWh								3.30 cent/kWh.

(3) The increase in the standard work capacity shall be demonstrated by the opinion of a civil engineer.

entry into force

§ 13. This Regulation shall enter into force 1. Jänner 2008 in force.

Bartenstein