401. Regulation of the Federal Minister for Economic Affairs and Labour, which sets out the prices for the reduction of electrical energy from green electricity systems on the basis of contracts, the conclusion of which is the completion of the 2006 and 2006 calendar year 2007 is an obligation ("Ökostromverordnung 2006")

On the basis of § 10a (9) and § 11 of the Ecoelectricity Act, BGBl. No 149/2002, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 105/2006, is assigned in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management and the Federal Minister for Social Security, Generations 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 (Section 5 (1) Z 22 in conjunction with Z 27 Ökostromgesetz), to which, after 31 December 2004, the the necessary authorisations have been granted in the first instance and are based on renewable energy sources: wind, sun, geothermal energy, wave and tidal energy, biomass, high biogenic waste, landfill gas, sewage treatment gas and Biogas is 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 January 2003 and 31 December 2004 have been granted the necessary authorisations in the first instance for the establishment of the necessary authorisations if they are put into operation after 31 December 2007.

(3) The prices set out in the Regulation shall be based only on those contracts which the Oeko-downstream entity is obliged to conclude in the calendar years 2006 and 2007 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. The prices (tariffs) contained in this Regulation shall apply to the installations referred to in § 1 for the reduction of electrical energy by the ecopower-processing unit for a period of 10 years, calculated from the start of operation of the plant; in the 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. 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 Ökostromgesetz (Ecoelectricity Act).

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.		At the end of the contract in the calendar year 2006:
a)			up to 5 kW peak							49 cent/kWh;
b)			more than 5 kW peak up to and including 10 kW peak							42 cent/kWh;
c)			more than 10 kW peak							32 cent/kWh.
2.		At the end of the contract in the calendar year 2007:
a)			up to 5 kW peak							46 cent/kWh;
b)			more than 5 kW peak up to and including 10 kW peak							40 cent/kWh;
c)			more than 10 kW peak							30 cent/kWh.

(2) The expenses within the meaning of Article 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 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 paragraph 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. As a price for the acceptance of electrical energy from wind turbines,

1.		at the end of the contract in the calendar year 2006, a price of								7,65 cent/kWh
2.		at the conclusion of the contract in the calendar year 2007, a price of								7,55 Cent/kWh
determined.

Setting of prices for green electricity from geothermal energy

§ 7. As a price for the acceptance of electrical energy from geothermal energy

1.		at the end of the contract in the calendar year 2006, a price of								7,4 cent/kWh
2.		at the conclusion of the contract in the calendar year 2007, a price of								7,3 cent/kWh
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.		At the end of the contract in the calendar year 2006:
a)			up to a bottleneck capacity of 2 MW							15.70 cent/kWh;
b)			In the case of a bottleneck performance of more than 2 MW up to 5 MW							15,00 Cent/kWh;
c)			In the case of a bottleneck performance of more than 5 MW up to 10 MW							13.40 cent/kWh;
d)			With a bottleneck output of more than 10 MW							11.30 cent/kWh.
2.		At the end of the contract in the calendar year 2007:
a)			up to a bottleneck capacity of 2 MW							15.65 cent/kWh;
b)			In the case of a bottleneck performance of more than 2 MW up to 5 MW							14.95 cent/kWh;
c)			In the case of a bottleneck performance of more than 5 MW up to 10 MW							13.30 Cent/kWh;
d)			With a bottleneck output of more than 10 MW							11.10 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.		When 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 start with SN 17, the prices set in paragraph 1 shall be reduced by 25%;
2.		in the case of use of primary energy carriers according to all five-digit key numbers of Table 1 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 40%;
3.		in the case of use of primary energy carriers according to all other five-digit key numbers in Table 1 and 2 of the Appendix to Section 5 (1) (1) of the Ecoelectricity Act, the prices of 5 cents/kWh at the conclusion of the contract in the calendar year 2006 and 4.90 cents/kWh fixed in the calendar year 2007 when the contract is concluded;
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.		At the end of the contract in the calendar year 2006:
a)			in the case of the exclusive use of solid biomass, 6.40 cent/kWh;
b)			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 begin with SN 17, the in lit. a fixed prices reduced by 25%;
c)			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 begin with SN 17, the in lit. a fixed prices reduced by 40%;
d)			in the case of use of primary energy carriers according to all other five-digit key numbers of Table 1 and 2 of the Appendix to Section 5 (1) Z 1 of the Ecoelectricity Act, the in lit. a fixed prices by 50%.
2.		At the end of the contract in the calendar year 2007:
a)			in the case of the exclusive use of solid biomass, 6.30 cent/kWh;
b)			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 begin with SN 17, the in lit. a fixed prices reduced by 25%;
c)			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 begin with SN 17, the in lit. a fixed prices reduced by 40%;
d)			in the case of use of primary energy carriers according to all other five-digit key numbers of Table 1 and 2 of the Appendix to Section 5 (1) Z 1 of the Ecoelectricity Act, the in lit. a fixed prices by 50%.
3.		In the case of combinations of the starting materials from Z 1 lit. a to d or Z 2 lit. a to d, a one-part tariff according to the fuel quantities used, with respect to the fuel heat output, is used.

(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) is for this calculation of the support tariff (WT) for plants up to and including 10 MW ed 2.6 cent/kWh th and 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.		At the end of the contract in the calendar year 2006:
a)			for plants based on vegetable oil and other cold-pressed biogenic oils as well as RME up to a bottleneck performance of 300 kW							13,00 cent/kWh
b)			for plants based on vegetable oil and other cold-pressed biogenic oils as well as RME above a bottleneck output of 300 kW							10,00 cent/kWh
c)			for installations on the basis of other liquid biogenic fuels							6,50 Cent/kWh
2.		At the end of the contract in the calendar year 2007:
a)			for plants based on vegetable oil and other cold-pressed biogenic oils as well as RME up to a bottleneck performance of 300 kW							12.50 cent/kWh
b)			for plants based on vegetable oil and other cold-pressed biogenic oils as well as RME above a bottleneck output of 300 kW							9,50 cent/kWh
c)			for installations on the basis of other liquid biogenic fuels							6,00 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.		At the end of the contract in the calendar year 2006:
a)			For installations with a bottleneck capacity up to and including 100 kW							17.00 cent/kWh;
b)			for systems with a bottleneck output of more than 100 kW to 250kW							15.20 cent/kWh;
c)			for systems with a bottleneck output of more than 250 kW up to 500 kW							14.10 cent/kWh;
d)			for installations with a bottleneck performance						Of more than 500 kW up to and including 1 MW		12.60 cent/kWh;
e)			for installations with a bottleneck output of more than 1 MW							11.50 cent/kWh;
2.		At the end of the contract in the calendar year 2007:
a)			For installations with a bottleneck capacity up to and including 100 kW							16.95 cent/kWh;
b)			for systems with a bottleneck output of more than 100 kW to 250kW							15.15 cent/kWh;
c)			for systems with a bottleneck output of more than 250 kW up to 500 kW							14.00 cent/kWh;
d)			for installations with a bottleneck performance						Of more than 500 kW up to and including 1 MW		12.40 cent/kWh;
e)			for installations with a bottleneck output of more than 1 MW							11.30 cent/kWh;

(2) The prices fixed in paragraph 1 shall be reduced by 30 vH when using other than purely agricultural substitutes.

(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
a)			At the end of the contract in the calendar year 2006							6,00 Cent/kWh
b)			At the end of the contract in the calendar year 2007							5,95 cent/kWh
2.		For Deponiegas
a)			At the end of the contract in the calendar year 2006							4,10 Cent/kWh
b)			At the end of the contract in the calendar year 2007							4,05 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.

In-force pedals

§ 12. This Regulation shall enter into force 1. October 2006, in force.

Bartenstein