Key Benefits:
106. Federal Law, with which the Electricity Economic and Organization Act, the Gaswirtschaftsgesetz, the Energy Law 1982, the Oil-Bevorratungs-und Reporting Act 1982, the Energy Regulatory Authority Act, the Federal Act against the Unfair competition in 1984 and the Competition Act (Energy Supply Safety Act 2006)
The National Council has decided:
table of contents
| Article 1: Amendment of the Electricity Economic and Organization Act |
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| Article 2: Amendment of the Gas Trade Act |
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| Article 3: Amendment of the Energy Law Act 1982 |
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| Article 4: Amendment of the oil supply and reporting act 1982 |
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| Article 5: Amendment of the Energy Regulatory Authority Act |
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| Article 6: Amendment of the Federal Act against Unfair Competition 1984 |
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| Article 7: Amendment of the Competition Act |
Article 1
Amendment of the Electricity Economic and Organization Act
The Federal Act, which regulates the organization in the field of the electricity industry (Electricity Economic and Organization Law-ElWOG), BGBl. I n ° 143/1998, as last amended by the Federal Law BGBl. I No 44/2005, is hereby amended as follows:
1. The table of contents is as follows:
" TOC
| Part 1 |
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| Principles |
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| § 1. Constitutional provision |
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| § 1a. Transposition of EU law |
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| § 2. Scope |
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| § 3. Objectives |
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| § 4. Public service obligations |
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| § 5. Compliance with public service obligations |
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| § 6. Principles of the operation of electricity undertakings |
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| § 7. Definitions |
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| Part 2 |
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| Accounting, internal organisation, unbundling and transparency of the accounts of electricity undertakings |
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| § 8. Accounting |
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| § 9. Specific provisions for integrated electricity undertakings |
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| § 10. Access to information and views |
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| § 11. Business and trade secrets |
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| Part 3 |
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| Electricity generation plants and electricity supply contracts |
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| § 12. Authorisation and operating licence |
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| § 13. Electricity supply contracts for electricity from third countries |
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| § 14. Reporting obligation on electricity supply contracts |
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| Part 4 |
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| The operation of networks |
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| 1. Main item |
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| Rights and obligations of network operators |
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| Section 1 |
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| General obligations |
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| § 15. Provision of network access |
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| § 16. Cross-border electricity trade |
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| § 17. Organization of network access |
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| § 18. Conditions of access to the network |
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| § 19. Access to the network at insufficient capacity |
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| § 20. Refusal of access to the network |
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| § 21. Dispute settlement procedure |
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| Section 2 |
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| Rule zones |
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| § 22. Classification of control zones |
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| § 22a. Long-term planning |
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| 2a. |
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| Transmission Networks |
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| § 23. Obligations of operators of transmission networks |
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| § 24. General Terms and Conditions |
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| § 25. Determination of system usage rates |
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| Section 3 |
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| Operation of distribution networks |
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| § 26. Training requirements for distribution networks |
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| § 27. Rights |
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| § 28. Exceptions to the right to network access |
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| § 29. Obligations |
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| § 30. Exceptions to the General Connection Requirement |
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| § 31. General conditions |
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| § 32. No |
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| § 33. Oversight of the achievement of the final destination of green energy |
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| § 34. No |
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| § 35. No |
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| § 36. Establishment of specific reporting requirements |
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| 2. Main piece |
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| Transition and Erdelete authorization to network operation |
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| § 37. Endigungstatholdings and re-establishment |
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| § 38. Briefing |
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| Part 5 |
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| Producers |
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| § 39. Producers |
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| § 40. Call for tenders for primary control |
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| § 41. Provision of the funds for the provision of primary control |
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| § 42. Power supply via direct lines |
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| Part 5a |
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| CHP plants |
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| § 42a. Criteria for the efficiency of CHP |
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| § 42b. Proof of origin for electricity from high-efficiency CHP |
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| § 42c. Recognition of guarantees of origin from other countries |
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| § 42d. Reporting |
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| Part 6 |
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| Network access authorization and network use |
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| § 43. Network Access Permission |
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| § 44. Network user |
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| § 44a. Supplied Last Instance |
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| § 45. Obligations of suppliers and electricity traders |
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| § 45a. Identification of the origin (Labeling) |
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| § 45b. General terms and conditions for the supply of electrical energy |
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| § 45c. Minimum requirements for invoices and information and promotional material |
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| Part 7 |
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| Balance groups |
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| § 46. Formation of balance sheet groups |
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| § 47. Tasks and duties of the accounting group responsible |
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| 8. Part |
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| Authorities |
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| § 48. Authority in other matters governed by federal law directly applicable |
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| § 49. Power of authority in electricity affairs |
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| Part 9 |
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| Specific organisational provisions |
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| § 50. No |
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| § 51. National Electricity Advisory Board |
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| § 52. Arrangement and implementation of statistical surveys |
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| § 54. Automation-supported traffic |
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| § 55. Pricing |
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| § 56. Obligation to pass on tax cuts |
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| § 57. Presentation of Regulations |
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| § 58. General provisions |
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| § 59. Rights of access |
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| § 60. Automation-supported traffic |
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| § 61. Reporting requirements of the state governments |
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| § 61a. No |
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| Part 10 |
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| Criminal provisions |
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| § 62. Price dispute |
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| § 63. Withholding of tax cuts |
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| § 64. General criminal provisions |
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| § 65. Revelation or recovery of data |
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| 11. Part |
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| Transitional and final provisions |
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| § 66. In-force pedals and repeal of federal legislation |
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| § 66a. In-force pedals and repeal of federal legislation |
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| § 66b. Clarification of the temporal application range of system user tariff regulations |
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| § 66c. In-force pedals of the Novelle BGBl. No 149/2002 |
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| § 66d. In-force pedals of the Novelle BGBl. I No 106/2006 |
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| § 67. Entry into force and repeal of legislation of the Länder |
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| § 68. Transitional provisions |
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| § 68a. Transitional provisions on the amendment of the BGBl amendment. I No 63/2004 |
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| § 68b. Transitional provisions on the amendment of the BGBl amendment. No 44/2005 |
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| § 68c. Transitional provisions on the amendment of the BGBl amendment. I No 106 /2006 |
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| § 69. Transitional arrangements for obligations imposed and operational guarantees |
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| § 70. Final provisions |
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| § 71. Enforcement " |
2. (constitutional provision) § 1 reads:
" § 1. (constitutional provision) The release, cancellation and enforcement of regulations, such as those in § 2 para. 1 Z 2, in § § 16 para. 2, 25, 36, 38, 45, 45a, 45c, 48, 54 to 57, 62 to 65, 66 para. 2 to 6, 66a para. 2 to 7, 66c para. 2, 69, 70 para. 1 and 71 para. 1, 2, 4 and 6 to 8 , are also included in the matters of the Federal Republic of Germany, with regard to which the B-VG determines otherwise. The matters governed by these rules may be provided directly by the federal authorities. "
3. (directly applicable federal law) According to § 1, the following § 1a and headline is inserted:
" Implementation of EU law
§ 1a. (federal law directly applicable) Through this federal law,
| 1. |
Directive 2003 /54/EC concerning common rules for the internal market in electricity and repealing Directive 96 /92/EC, OJ L 327, 30.4.2003, p. No. OJ L 176, 15.07.2003 p. 37, (the Internal Electricity Market Directive) and |
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| 2. |
Directive 2004 /8/EC on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92 /42/EEC, OJ L 206, 22.7.2004, p. No. OJ L 52, 21.02.2004 p. 50, (cogeneration directive) |
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| " |
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4. (directly applicable federal law) § 2 para. 1 Z 1 reads:
| " 1. |
the release of statutory provisions relating to the production, transmission, distribution and supply of electricity and the organisation of the electricity industry; " |
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5. (Determination of the principles) § 3 reads:
" § 3. (Policy determination) The aim of this federal law is to:
| 1. |
provide low-cost electricity to the Austrian population and economy in high quality; |
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| 2. |
a market organisation for the electricity sector in accordance with the EU primary law and the principles of the internal market in electricity, in accordance with Directive 2003 /54/EC concerning common rules for the internal market in electricity and repealing the Directive 96 /92/EC, OJ L 80, 23.2.1996 No. OJ L 176, 15.07.2003 p. 37 (the Internal Electricity Market Directive); |
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| 3. |
To use the potential of combined heat and power (CHP) and CHP technologies in accordance with Annex II as a means of saving energy and ensuring security of supply in a sustainable way; |
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| 4. |
to provide compensation for public service obligations in the general interest imposed on electricity undertakings and which are based on safety, including security of supply, regularity, quality and refer to the price of supplies and to environmental protection. " |
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6. (Determination of the principles) § 4 reads:
" § 4. (Policy determination) (1) The implementing laws shall impose the following public service obligations in the general interest to the network operators:
| 1. |
the discrimination-free treatment of all customers of a network; |
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| 2. |
the conclusion of private-law contracts with network users via the connection to their network (general obligation to connect); |
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| 3. |
the establishment and maintenance of a network infrastructure which is sufficient for domestic electricity supply or for the fulfilment of international obligations. |
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(2) The implementing laws shall impose on the electricity undertakings the following public service obligations in the general interest:
| 1. |
the fulfilment of the obligations imposed by legislation in the public interest; |
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| 2. |
participation in measures to eliminate network bottlenecks and measures to ensure security of supply. |
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(3) Electricity undertakings shall endeavour to achieve the best possible fulfilment of the obligations imposed on them in the general interest in accordance with paragraphs 1 and 2 above, with all the means at their disposal. "
7. (Determination of the principles) § 7 reads:
" § 7. (Policy determination) For the purposes of this Federal Law, the term "
| 1. |
"balancing energy" means the difference between the agreed timetable value and the actual reference or actual delivery of the balance sheet group per defined period of measurement, the energy actually being recorded or calculated per measurement period. can be identified; |
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| 2. |
"balance sheet group" means the summary of suppliers and customers to form a virtual group within which compensation is made between application (reference schedules, feed-in) and delivery (delivery schedules, supplies); |
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| 3. |
"balance sheet group coordinator" means a natural or legal person who operates a clearing house on the basis of a concession; |
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| 4. |
"accounting group responsible" means a body of a balance sheet group representing the balance sheet group that is responsible to other market participants and to the balance sheet coordinator; |
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| 4a. |
"decentralised production system" means a production plant connected to a public medium or low-voltage distribution network (point of reference point), thus having a consumption measure or a production plant which is self-sufficient; shall serve; |
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| 5. |
"direct line" means either a line connecting a single production site to a single customer, or a management line which includes an electricity producer and an electricity supply undertaking for the purpose of direct supply with its connecting its own premises, subsidiaries and eligible customers; lines within residential premises shall not be considered as direct lines; |
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| 6. |
"third countries" means States which do not accede to the Agreement on the European Economic Area or are not members of the European Union; |
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| 7. |
"feed-in" means a producer or an electricity undertaking supplying electricity or electricity to a network; |
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| 8. |
"electricity undertaking" means a natural or legal person or a holding company which, in profit or loss, is at least one of the functions of generation, transmission, distribution, supply or purchase of electrical energy; , and shall carry out any commercial, technical or maintenance tasks relating to these functions, with the exception of the final consumer; |
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| 9. |
"final consumer" means a consumer who buys electricity for self-consumption; |
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| 9a. |
"Energy efficiency/demand management" means a global or integrated approach to control the amount and timing of electricity consumption, which is intended to reduce primary energy consumption and reduce peak loads by investing in increasing of energy efficiency or other measures, such as interruptible supply contracts, shall be given priority over investment to increase production capacity if, taking into account the positive effects of lower energy consumption, on the environment and the related aspects of a larger Security of supply and lower distribution costs are the most effective and economic option; |
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| 10. |
"borrower" means a final consumer or a network operator who draws electrical energy from the network; |
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| 11. |
"producer" means a legal or natural person or a working party which produces electricity; |
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| 12. |
"production" means the production of electricity; |
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| 13. |
"generation from combined heat and power (CHP production)" means the sum of electricity, mechanical energy and useful heat from CHP; |
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| 14. |
"road map" means the document indicating the extent to which electrical power is fed and taken in a constant time grid (measurement periods) at specific points of the network as a predicted power value; |
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| 15. |
"galvanically connected network areas" are network areas that are electrically conductively connected; |
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| 16. |
"total efficiency" means the sum of the annual production of electricity, mechanical energy and useful heat in relation to the fuel used for the heat generated in cogeneration and the gross production of electricity and mechanical energy; |
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| 16a. |
"household customers" means customers who purchase electricity for their own consumption in the household; this does not include commercial and professional activities; |
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| 17. |
"ancillary services" means all services necessary for the operation of a transmission or distribution system; |
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| 17a. |
"highly efficient combined heat and power" means the cogeneration which meets the criteria laid down in Annex IV; |
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| 17b. |
"horizontally integrated electricity undertaking" means an undertaking which carries out at least one of the functions of commercial production, transmission, distribution or supply of electricity, and which also carries out further activities outside the the electricity sector; |
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| 17c. |
"electricity produced in cogeneration" means electricity produced in a process which is linked to the production of useful heat and which is calculated in accordance with the method laid down in Annex III; |
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| 18. |
"integrated electricity undertaking" means a vertically or horizontally integrated electricity undertaking; |
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| 18a. |
"labelling of advertising material" means any advertising material intended for the sale of electrical energy to end users. Below: |
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| a) |
Advertising material for product sales for individual customers, such as product brochures; |
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| b) |
other standardized product print media, which are intended for sale; |
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| c) |
product advertising related to online; |
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| 19. |
"Group company" means a legally independent company, which is connected to another legally independent company within the meaning of Section 228 (3) of the German Commercial Code (HGB); |
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| 20. |
"cost rolling" means a calculatory calculation method, which is applied in order to assign to a consumer collective the costs of the connection network level at which it is directly connected and the costs of all the network levels above; |
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| 20a. |
"combined heat and power (CHP)" means the simultaneous production of thermal energy and electrical and/or mechanical energy in a process; |
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| 20b. |
"force-to-heat ratio" means the ratio of CHP electricity to useful heat in the full CHP operation calculated on the basis of the operating data of the specific block; |
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| 21. |
"customers" means end users, electricity distributors and electricity undertakings purchasing electrical energy; |
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| 21a. |
"KWK block" means a block which can be operated in a cogeneration operation; |
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| 21b. |
"small cogeneration plant" means a CHP plant with a capacity not exceeding 500 kW; |
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| 21c. |
"small CHP plants" means cogeneration units with an installed capacity of less than 1 MW; |
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| 22. |
"load profile" means a reference quantity or supply quantity of a feeder or operator, which is shown at time intervals; |
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| 23. |
"supplier" means a natural or legal person or a working company which provides electricity to other natural or legal persons; |
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| 24. |
"market rules" means the sum of all the rules, regulations and regulations on a legal or contractual basis which market participants have to comply with in the electricity market in order to enable the functioning of that market to function properly and to ensure; |
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| 25. |
"network connection" means the physical connection of the installation of a customer or generator of electrical energy with the network system; |
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| 26. |
"network user" means any natural or legal person or activity company who feeds or takes electricity into a network; |
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| 27. |
"network area" means that part of a network for which the same price estimates are applied; |
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| 28. |
"network operator" means operators of transmission or distribution systems with a nominal frequency of 50 Hz; |
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| 29. |
"network level" means a sub-area of the network which is essentially determined by the voltage level; |
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| 30. |
"network access" means the use of a network system by customers or producers; |
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| 31. |
"network access authorized" customer and producer; |
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| 32. |
"network access contract" means the individual agreement between the network operator and a network operator, which regulates the network connection and the use of the network; |
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| 33. |
"network access" means the first-time production of a network connection or an increase in the connection power of an existing network connection; |
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| 33a. |
"useful heat" means the heat generated in a cogeneration process to satisfy an economically justifiable heat or cooling requirement; |
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| 33b. |
"primary regulation" means an automatically effective recovery of the equilibrium between production and consumption by means of the turbine speed controllers in accordance with the static characteristic of machines in the time range up to a maximum of 30 seconds after Interference occurs; |
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| 34. |
"control zone" means the smallest unit of the composite system, which is equipped and operated with a frequency power control; |
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| 35. |
"rule zone leader" means the person responsible for the performance spectrum regulation in a control zone, where this function is also fulfilled by a third undertaking which has its registered office in another Member State of the European Union can be used; |
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| 35a. |
"reserve stream" means the electricity supplied via the electricity grid in cases where the cogeneration process is interrupted or cancelled, inter alia, by maintenance work; |
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| 35b. |
"safety" means both the security of the supply and supply of electricity and the safety of operations; |
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| 36. |
"standardised load profile" means a load profile which is characterised by an appropriate procedure for a given feed or user group; |
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| 37. |
"electricity trader" means a natural or legal person or a working company selling electricity in the profit-and-profit sector; |
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| 38. |
"system operator" means a network operator who has the technical and organisational facilities to be able to take all the necessary measures to maintain the network operation; |
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| 39. |
"transmission" means the transport of electricity through a high-voltage and high-voltage interconnected system; |
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| 40. |
"transmission system" means a high-voltage network with a voltage level of 110 kV and above which is used for the trans-regional transport of electrical energy; |
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| 40a. |
"transmission system operator" means a natural or legal person responsible for the operation, maintenance and, where necessary, the extension of the transmission system and, where appropriate, the interconnectors to other networks, and for the Ensuring the long-term ability of the network to meet reasonable demand for the transmission of electricity is; transmission system operators are the Verbund Austrian Power Grid AG, Tiroler Regelzones AG and VKW- Transmission network AG; |
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| 41. |
"connecting lines" means installations which are used for the interconnection of electricity networks; |
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| 42. |
"interconnected system" means a number of transmission and distribution networks which are interconnected by one or more interconnectors; |
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| 42a. |
"supplier" means a natural or legal person or a working party who is responsible for the supply; |
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| 43. |
"supply" means the sale, including the resale of electricity to customers; |
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| 43a. |
"distribution system operator" means a natural or legal person responsible for the operation, maintenance and, where necessary, the development of the distribution system in a given area and, where appropriate, the interconnectors. other networks and in order to ensure the long-term ability of the network to meet reasonable demand for the distribution of electricity; |
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| 44. |
"distribution" means the transport of electricity by means of high, medium or low-voltage distribution networks for the purpose of supplying customers, but excluding supplies; |
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| 45. |
"vertically integrated electricity undertaking" means a company or a group of undertakings whose mutual relations are justified by rights, contracts or other means individually or collectively, taking into account all the possibility of having a decisive influence on the activity of a company, in particular by: |
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| a) |
the rights of ownership or rights of use as a whole or of parts of the assets of the undertaking; |
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| b) |
rights or contracts which give a decisive influence on the composition, deliberations or decisions of the institutions of the undertaking, |
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| , with the undertaking concerned, or the group concerned shall carry out at least one of the functions of transmission or distribution and at least one of the functions of generation of or supply of electricity; |
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| 46. |
"efficiency" means the efficiency calculated on the basis of the lower heating value of the fuels (also referred to as "lower calorific values"); |
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| 47. |
"economic priority" means the ranking of electricity sources by economic point of view; |
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| 48. |
"efficiency reference values for separate production" means the efficiencies of an alternative separate generation of heat and electricity to be replaced by cogeneration; |
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| 49. |
"economically justifiable need" means the need which does not exceed the required heat or cooling capacity and which would otherwise be covered by other energy production processes as cogeneration under market conditions; |
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| 50. |
"Additional electricity" means the electricity supplied via the electricity grid in cases where the electricity demand exceeds the electrical generation of the cogeneration process. " |
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8. (directly applicable federal law) § 8 (3) to (5) read:
" (3) Integrated electricity undertakings shall also be obliged to:
| 1. |
own accounts in the context of accounting for their |
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| a) |
Production, electricity trading and supply activities; |
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| b) |
transmission activities; |
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| c) |
Distribution activities |
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| , |
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| 2. |
to publish the balance sheets and results of each of the accounting circuits and their allocation rules; |
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| 3. |
to publish consolidated accounts for activities outside the electricity sector and to publish a balance sheet as well as a result statement. |
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| Receipts from the ownership of the transmission or distribution network shall be disclosed separately in the accounts. |
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(4) In order to ensure comparability by Regulation, the Federal Minister for Economic Affairs and Labour may adopt common criteria for the fulfilment of the obligations laid down in paragraphs 1 and 3 above.
(5) The examination of the annual accounts (Section 8 (1)) also has to refer to the investigation of whether the obligation to avoid abusive cross-subsidies is complied with. "
9. (constitutional provision) § 10 the following sentence shall be added:
" In particular, electricity undertakings shall provide all the information which enables the Authority to assess properly. If the electricity undertaking does not comply with this obligation, the Authority may base its assessment on an estimate. "
10. (Determination of the principles) § 12 para. 1 reads:
" § 12. (1) (Policy determination) In any event, the implementing laws shall be based on objective, transparent and non-discriminatory criteria for the establishment and commissioning of power generation plants and the conditions for the preparation of preparatory works. within the meaning of Articles 6 and 7 of Directive 2003 /54/EC. "
11. (directly applicable federal law) The previous text of § 16 with headline is deleted.
12. (Determination of the principles) § 16 with headline reads:
" Cross-border electricity trading
§ 16. (1) (Policy determination) The implementing laws have the appropriate penalties for the enforcement of the provisions of Regulation (EC) No 1228 /2003/EC on the conditions for access to the network for cross-border exchanges in electricity, in respect of infringements of the provisions of this Regulation. .
(2) (federal law directly applicable) Energy Control GmbH shall ensure compliance with Regulation (EC) No 1228 /2003/EC and the guidelines laid down in Article 8 of the Regulation. "
13. (Determination of the principles) In § 17, the phrase "Energie-Control GmbH" through the phrase "Energy-Control Commission" replaced.
14. (Determination of the principles) § 18 para. 3 reads:
" (3) The General Terms and Conditions shall include in particular:
| 1. |
the rights and obligations of the contracting parties, in particular in order to comply with the other market rules; |
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| 2. |
the standard load profiles assigned to each network user; |
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| 3. |
the technical minimum requirements for network access; |
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| 4. |
the various services and quality offered by the distribution companies in the context of the access to the network; |
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| 5. |
the period of time within which the customer's enquiries are to be answered; |
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| 6. |
the announcement of planned supply disruptions; |
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| 7. |
the minimum requirements for appointment agreements with network users; |
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| 8. |
the standard which must be respected in the transmission of data to market participants; |
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| 9. |
the procedure and the modalities for requests for access to the network; |
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| 10. |
the data to be supplied by network users; |
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| 11. |
any compensation and refund schemes in the event of non-compliance with the contractually agreed performance quality and an indication of the dispute settlement procedure provided for by law; |
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| 12. |
a period of not more than 14 days from the date on which the distribution undertaking has to respond to the access to the network; |
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| 13. |
the basic accounting principles and the nature and form of accounting; |
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| 14. |
the obligation of net access authorized persons for advance payment or security (cash security, bank guarantee, deposit of non-vinkulated savings books) at an appropriate level, to the extent that the circumstances of the individual case are to be expected, that the network user does not comply with his payment obligations or does not comply with the time. |
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| The implementing laws shall have to provide that the network operators shall inform the customers of the essential contents of the General Terms and Conditions prior to the conclusion of the contract. For this purpose, an information sheet is to be handed out to the customer. The implementing laws must also ensure that the measures for the protection of customers set out in Annex A to Directive 2003 /54/EC are complied with. " |
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15. (Determination of the principles) The following paragraphs 4 and 5 are added to § 18:
" (4) The implementing laws shall have to provide that the network operator shall inform the end users of the change in the general terms and conditions in writing and shall, at their request, send them the amended general conditions. Such changes are only in accordance with the general civil code and the Consumer Protection Act, BGBl. No 140/1979.
(5) Implementing laws must provide that network users receive transparent information on applicable prices and tariffs, as well as on general terms and conditions. "
16. (Determination of the principles) § 19 together with headline reads:
" Network access with insufficient capacity
§ 19. (determining the principle) The existing line capacity for deliveries exceeding the rules in order not to comply with all applications for the use of a system shall be subject to the implementing laws to ensure that, without prejudice to Obligation to comply with the provisions of Regulation (EC) No 1228/2003 on cross-border exchanges in electricity and on the guidelines adopted on the basis of this Regulation-Transport to supply customers with electrical energy renewable energy sources and CHP plants. "
17. (directly applicable federal law) § 21 with headline reads:
" Dispute-settlement procedure
§ 21. (federal law directly applicable) (1) In disputes between network operators and network operators on the legality of the refusal of the access to the network, it decides-if not the competence of the antitrust court (Section 38 of the Cartel Act 2005, BGBl. No 61/2005)-the Energy Control Commission.
(2) In all other disputes between network operators and network operators on the obligations arising out of this relationship, in particular the conditions to be applied and system usage rates, the courts shall decide. A legal action of a network access authorized person can only be brought in the dispute settlement procedure pursuant to § 16 sec. 1 Z 5 E-RBG or within the time limit provided for in § 16 para. 3a E-RBG after the notification of the Energy Control Commission's decision.
(3) Without prejudice to the provision of paragraph 2, a claim may not be brought before the regulatory authority's decision on the legality of the refusal of the access to the network for claims based on refusal of access to the network , if such a decision constitutes a preliminary question for the judicial procedure, it shall be interrupted until the legal force of the decision of the regulatory authority. "
19. (determination of principles) § 22 para. 2 Z 5 reads:
| " 5. |
The identification of bottlenecks in transmission networks as well as the implementation of measures to prevent, eliminate and overcome bottlenecks in transmission networks, as well as the maintenance of security of supply. Where necessary for the elimination of the network, the control zone guides shall, in coordination with the operators of distribution systems concerned, conclude contracts with producers under which they shall be entitled to benefit (increase or restriction of production, (a) a change in the availability of power stations) to replace the economic disadvantages and costs caused by these services, while ensuring that instructions to operators of CHP plants are Safety of the district heating system is not endangered. When determining the system usage tariffs, the control zone leaders are to recognise the expenses incurred by them from the performance of these obligations. " |
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19a. (constitutional provision) According to Article 22 (2) Z 5 the following Z 5a is inserted:
| " 5a. |
(constitutional provision) If there are network bottlenecks in the transmission system of the control zone and the producers ' services are necessary for their disposal and a contractual agreement is not available in accordance with Z 5, the producers shall, on the order of the control zone guide, have the following: Coordination with the operators of distribution systems concerned to provide services (increase or restriction of production, change in the availability of power stations). The procedure for determining the appropriate remuneration for such services shall be laid down in a Regulation of the Energy Control Commission, the basis of which shall be the economic disadvantages and costs incurred by the producers resulting from these services. , are to be used. It is also necessary to ensure that the safety of the district heating system is not endangered in the case of instructions to operators of CHP plants. Z 5 final sentence shall apply mutatily. " |
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20. (Determination of the principles) At the end of section 22 (2) of the Z 12, the point is replaced by a line-point. In addition, the following Z 13 to 16 are added:
| " 13. |
the implementation of long-term planning for the network levels in accordance with § 25 (5) Z 1 to 3; |
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| 14. |
the publication of the primary control performance in respect of the duration and the amount and the results of the tendering procedure in accordance with § 40; |
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| 15. |
to design and operate the systems of data transmission and evaluation for data of generation plants, transmitted at the same time, in accordance with section 39 (3), in such a way that the transfer of this information to third parties is to be excluded; |
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| 16. |
to establish an equal treatment programme to ensure that commitments are met in accordance with Z 15. " |
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21. (Determination of the principles) According to § 22, the following § 22a (1) to (4) with the title is inserted:
" Long-term planning
§ 22a. (Policy determination) (1) The aim of long-term planning is to provide the transmission network (network levels 1 to 3) with regard to
| 1. |
meeting the demand for line capacity to supply end-users, taking into account emergency scenarios, |
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| 2. |
the achievement of a high level of availability of management capacity (security of supply of infrastructure), |
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| 3. |
, as well as the coverage of the transport requirements of other customers |
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| to plan. |
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(2) Land laws shall have to provide that the rule zone leaders have to draw up, at least once a year, a long-term planning for their control zone in order to achieve the objectives of this law and the objectives set out in paragraph 1. The planning period shall be determined by the control zone guide, which shall be transparent and non-discriminatory on the basis of the data available to it. The minimum planning period shall be five years. The results of the long-term planning are to be brought to the attention of the state government. These reports have to be reported to the Federal Minister for Economic Affairs and Labour on the planning results.
(3) In the preparation of the long-term planning, the control zone leaders shall take into account the technical and economic purposes and the interests of all market participants.
(4) All market participants shall have the control zone guide, at its written request, the data required for the preparation of long-term planning, in particular basic data, measured values and technical, economic and other to make project documents available within a reasonable period of time on planned piloting facilities that are to be built, expanded, modified or operated, provided that they have an impact on the management capacity of the transmission system. Independently of this, the control zone guide can also draw on other data that is appropriate for long-term planning. "
22. (constitutional provision) According to Article 22a (4), the following paragraph 5 is added:
" (5) (constitutional provision) The rule zone guides can submit the long-term planning to the Federal Minister for Economic Affairs and Labour for approval. In the explanatory statement of the application, the control zone guides, in particular in the case of competing projects for the establishment, extension, modification or operation of line installations, shall have the technical and economic reasons for endorsement, or To reject individual projects and to aim for the elimination of network bottlenecks. The authorisation may be granted under conditions and conditions to the extent that such conditions and conditions are necessary to fulfil the objectives of this Act. The expenses associated with the implementation of measures provided for in an approved long-term planning are to be recognised in the determination of the system usage tariff, according to § § 25 ff. "
23. (determining the principles) § 23 Z 5 is deleted, the previous Z 6 and 7 are given the name "5." and "6." , at the end of Z 6, the point shall be replaced by a stroke, and the following Z 7 to 13 shall be added:
| " 7. |
ensure the capacity of the network to meet reasonable demand for the transmission of electricity in the long term; |
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| 8. |
make a contribution to security of supply by means of the corresponding transmission capacity and reliability of the network; |
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| 9. |
to refrain from any discrimination against network users or categories of system users, in particular in favour of the undertakings associated with it; |
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| 10. |
provide network users with the information they need for efficient network access; |
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| 11. |
to identify bottlenecks in the network and to implement measures to prevent or eliminate bottlenecks and maintain security of supply. Where, in order to eliminate or maintain security of supply, producers are nevertheless required to provide services (increase or restriction of production and change in the availability of power stations), this shall be the case, to notify the transmission system operator without delay of any necessary data to the control zone leader, who shall, if necessary, have further arrangements to be made (Section 22 (2) (5)). " |
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24. (Definition of the Constitution) In Article 24 (1), the following sentence shall be inserted after the first sentence:
| "The authorisation shall, if necessary, be granted subject to conditions or conditions to the extent necessary for the fulfilment of the provisions of this Act." |
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26. (Determination of the principles) In § 29, at the end of Z 18, the point is replaced by a line-point and the following Z 19 to 23 are added:
| " 19. |
to refrain from any discrimination against network users or categories of system users, in particular in favour of the undertakings associated with it; |
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| 20. |
provide network users with the information they need for efficient network access; |
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| 21. |
take into account energy efficiency, demand management measures or distributed generation facilities, which might otherwise be necessary to retrofit or to replace capacity, when planning the distribution of distribution networks. " |
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27. (constitutional provision) § 31 (1) reads:
" § 31. (constitutional provision) (1) The Energy Control Commission shall be responsible for the authorisation and for any change in the general conditions for the operators of distribution networks. In so far as this is necessary to achieve a competitive market, the operators of distribution systems shall, at the request of the Energy Control Commission, make changes to the General Conditions. The Energy Control Commission may also require that the period within which a customer's request for a counting point is to be made available to him or an agent in a common format in electronic form, at the request of a customer. or a change of supplier is to be included in the General Terms and Conditions. Where necessary in order to comply with the provisions of this Act, the authorisation shall, if necessary, be granted subject to conditions or conditions. "
28. (Determination of the principles) § 32 together with the title shall be deleted.
29. (directly applicable federal law) § 34 with headline is deleted.
30. (Determination of the principles) The previous text of § 39 receives after the word order "(Policy determination)" the designation "(1)" ; in paragraph 1, Z 5, the point shall be replaced by a stroke, and the following Z 6 and 6a shall be added:
| " 6. |
, in accordance with contractual agreements, on the order of the leader in order to rectify the network or to maintain security of supply services (increase or restriction of production and change of the Power plant availability). It should be ensured that, in the case of instructions from the control zone guide to operators of CHP plants, the supply of district heating remains guaranteed; |
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| 6a. |
the increase and/or restriction of the production thus the change in the power plant availability of the control zone guide pursuant to Article 22 (2) (5a) of the Regulation on the elimination of the grid or in order to maintain security of supply. The power plant operator shall, in so far as it has not been contractually ensured in accordance with Z 6. " |
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31. (determining the principles) The following paragraphs 2 to 5 are added to § 39:
" (2) The implementing laws shall have to provide that operators of electricity generation plants (power stations) with a congestion of more than five MW shall be obliged:
| 1. |
to cover the costs of the primary scheme; |
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| 2. |
in so far as they are capable of providing the primary control power, to provide them on the order of the control zone guide, in the event that the invitation to tender was unsuccessful in accordance with Section 40; |
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| 3. |
to provide evidence of the provision of the primary control performance to the rule zone guide in a suitable and transparent manner; |
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| 4. |
the nature and extent of the data to be transmitted, in order to comply with the instructions of the rule-zone guide in connection with the provision of the primary control performance. |
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(3) The implementing laws must provide that operators of electricity generation plants (power stations) connected to the network levels in accordance with Article 25 (5) (1) to (3), or having a congestion of more than 50 MW, shall be obliged to: , to provide the relevant regulatory zone guide for monitoring network security at the same time as data on the current feed-in power of these generating installations in electronic form.
(4) The implementing laws should have to provide that operators of electricity generation plants with a congestion of more than 20 MW are obliged to regularly provide the State Government with data on the security of supply of electricity. the time availability of the production facilities.
(5) In order to enforce the obligations laid down in paragraphs 2 to 4, the implementing laws must provide for appropriate penalties, with a minimum penalty of EUR 10 000 to be laid down for breaches of the provision of paragraph 2: "
32. (Determination of the principles) § § 40 and 41 together with the headings:
" Invitation to tender for primary control
§ 40. (Policy determination) (1) The implementing laws shall provide that the provision of primary control shall be made by means of an invitation to tender, to be carried out on a regular basis, but at least half a year, by the respective regulatory zone guide or by a representative appointed by the respective regulatory zone guide.
(2) The implementing laws shall have to provide that the rule zone guides have to carry out a transparent pre-qualification procedure on a regular basis in order to determine the suppliers of primary control services that are interested in participating in the call for tenders. The providers of primary control services classified as suitable in the pre-qualification procedures shall be entitled to participate in the call for tenders.
(3) The implementing laws shall have to provide that the level of service to be provided shall meet the requirements of the European Joint Operation.
(4) The implementing laws shall have to provide that, in the case of the tender, the power to be kept in the primary control system per plant shall be at least 2 MW.
(5) The implementing laws shall have to provide that, in the event of an unsuccessful invitation to tender, the respective rule zone guide shall provide the appropriate providers of primary control services in accordance with paragraph 2 against the replacement of the actual expenses incurred in providing the To require primary control.
Provision of the funds for the provision of primary control
§ 41. (Policy determination) (1) The implementing laws must provide that the operators of generating installations (power plant parks) with a congestion of more than 5 MW shall be required to apply the resources for the provision of primary control in the ratio of their Year-on-year amounts are required. In the case of generating installations whose congestion is greater than the power to the respective network, this power supply shall be multiplied by the operating hours of the installation.
(2) The settlement and collection of the funds referred to in paragraph 1 shall be effected on a quarterly basis by the control zone guides. "
33. (Determination of the principles) § 42 reads:
" § 42. (Policy determination) The implementing laws shall have a legal entitlement to producers for the establishment and operation of direct lines. "
34. (Determination of the principles) In accordance with § 42, the following part shall be "5a" together with headline inserted:
" 5a. Part
CHP plants
Criteria for the efficiency of CHP
§ 42a. ( Principle specification ) (1) In order to determine the efficiency of cogeneration in accordance with Annex IV, the implementing laws may authorise the Authority to establish efficiency reference values for the separate production of electricity and heat. These efficiency reference values shall consist of a matrix of values, broken down by relevant factors such as year of construction and fuel types, and shall be based on a detailed, documented analysis, inter alia: Operating data under real operating conditions, cross-border exchanges of electricity, fuel mix, climatic conditions and applied CHP technologies shall be taken into account in accordance with the principles set out in Annex IV.
(2) In determining the efficiency reference values as referred to in paragraph 1, the European Commission shall be responsible for the promotion of a useful heat demand in accordance with Article 4 of Directive 2004 /8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of the use of heat and power -combined heat and power generation in the internal energy market and amending Directive 92 /42/EEC (OJ L 206, 22.7.1992, p. L 52 of 21 February 2004, p. 50 of the CHP Directive) should take due account of the harmonised efficiency reference values set out in the Directive.
Proof of origin for electricity from high-efficiency CHP
§ 42b. ( Principle specification ) (1) On the basis of the harmonised efficiency reference values in accordance with Article 42a (2), the Land Government shall, upon request, appoint, on request, those CHP plants for which guarantee of origin is provided by the network operator to whose network the installation is connected. for electricity from highly efficient combined heat and power generation according to § 7 Z 17a. The following appointments of plants are to be communicated immediately to Energie-Control GmbH.
(2) The guarantee of origin issued by the network operator in accordance with paragraph 1 shall include:
| 1. |
the quantity of energy produced from highly efficient cogeneration referred to in Annex III; |
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| 2. |
the type and the bottleneck performance of the production plant; |
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| 3. |
the period and place of production; |
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| 4. |
the primary energy carriers used; |
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| 5. |
the lower calorific value of the primary energy carrier; |
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| 6. |
the use of the heat generated together with the electricity; |
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| 7. |
the primary energy savings calculated in accordance with Annex IV on the basis of the harmonised efficiency reference values laid down by the European Commission in accordance with Article 42a (2). |
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(3) The Land Government has to regularly monitor the issue of guarantees of origin.
(4) The issuing of guarantees of origin does not involve the right to use support mechanisms.
Recognition of guarantees of origin from other countries
§ 42c. ( Principle specification ) (1) Proof of origin of electricity from highly efficient combined heat and power generation from installations with a location in another EU Member State or EEA Contracting State shall be deemed to be a guarantee of origin within the meaning of this Act if it at least meets the requirements of: Article 5 (5) of Directive 2004 /8/EC is appropriate.
(2) In case of doubt, the provincial government shall, on request or on its own behalf, determine whether the conditions for recognition are fulfilled.
Reporting
§ 42d. (Policy determination) (1) The state governments have annually the Federal Minister for Economic Affairs and Labour
| 1. |
a statistical system drawn up in accordance with the methodology set out in Annex III, on the national generation of electricity and heat from cogeneration, and |
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| 2. |
A statistics on CHP capacity and fuel used for cogeneration |
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| . |
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(2) Each year, the State Governments shall submit a report to the Federal Minister for Economic Affairs and Labour on their monitoring activities in accordance with Section 42b (3). In particular, the report shall include those measures taken to ensure the reliability of the detection system. "
35. (directly applicable federal law) § 43 (3) deleted.
36. (Determination of the principles) According to § 44, the following § 44a, together with the title, is inserted:
" Last Instance Supper
§ 44a. Electricity traders and other suppliers, whose activities include the supply of household customers, have their general tariff for the supply in the final instance of household customers in a suitable manner (e.g. Internet). . They are obliged to apply to their current general terms and conditions and to this tariff those interested who are supplied according to the standardized budget load profile and who are called upon them to the basic supply, with to supply electrical energy (basic supply duty). The implementing laws have to provide for the supply of last resort more detailed provisions on the reasonableness of basic services and on the design of tariffs for customers to which the KSchG is to apply. "
37. (directly applicable federal law) In § 45, the previous paragraph 3 is given the title "(4)" ; (2) and (3).
" (2) Electricity dealers and other suppliers supplying final consumers in Austria shall be obliged to designate, on or as an appendix to their electricity bill (annual accounts) for end users, the supply mix which shall be used to supply the entire electricity supply of the Electricity trader for end users is taken into account. This obligation also exists in respect of the advertising material subject to labelling requirements (§ 7 Z 18a). The expulsion shall be made on the basis of the total electrical energy (supply mix) sold by the supplier to the end user.
(3) Electricity dealers and other suppliers supplying final consumers in Austria shall be obliged, on or as an annex to their electricity bill (annual accounts) for final consumers, to have the environmental impact, at least via CO 2 -emissions and radioactive waste from the electricity generated by the supply mix. This obligation also exists with regard to the advertising material addressed to the end consumer. "
38. (directly applicable federal law) The following paragraph 11 is added to § 45a:
" (11) The Federal Minister for Economic Affairs and Labour, in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management, has adopted more detailed provisions on electricity labelling by means of a regulation. In particular, the scope of the obligations in accordance with § 45 (2) and (3) as well as the specifications for the design of the evidence on the various primary energy sources and the electricity marking according to § 45a are to be determined in more detail. "
39. According to § 45a, the following § § 45b and 45c are inserted:
(a) The heading of § 45b reads as follows:
"General terms and conditions for the supply of electrical energy"
(b) (determination of principles) § 45b (1) reads as follows:
" § 45b. (1) (Policy determination) Suppliers have to prepare General Terms and Conditions for the supply of electrical energy for customers whose consumption is not measured by a load profile counter. The General Terms and Conditions and their amendments shall be presented to the Energy Control Commission in electronic form before their entry into force, and shall be published in a suitable form. "
c) (directly applicable federal law) § 45b para. 2 reads:
" (2) (federal law directly applicable) Changes to the Terms and Conditions and the contractually agreed fees are only in accordance with the General Civil Code and the Consumer Protection Act, BGBl. No 140/1979. Such changes shall be communicated to the customer in writing. If the contractual relationship is terminated in the event that the customer opposes the changes to the terms and conditions or the charges, the contractual relationship ends with the last month following a deadline of 3 months. "
(d) (determination of principles) § 45b (3) and (4) reads as follows:
" (3) (Policy determination) General terms and conditions of business or contract form between suppliers and customers shall contain at least:
| 1. |
the name and address of the supplier; |
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| 2. |
the services provided and the quality offered, as well as the probable date for the commencement of delivery; |
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| 3. |
the price of energy in cents per kWh, including any surcharges and charges; |
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| 4. |
the duration of the contract, the conditions for the renewal and termination of the services and the contractual relationship, the existence of a right of withdrawal; |
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| 5. |
any compensation and refund schemes in the event of non-compliance with the contractually agreed performance quality; |
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| 6. |
an indication of the possibilities of appeal available; |
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| 7. |
the conditions to which a supply is made within the meaning of Section 44a. |
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(4) (Policy determination) The suppliers have been shown to inform their customers of the essential contract contents before the conclusion of a contract. For this purpose, an information sheet is to be handed out to the customer. This shall also apply if the conclusion of the contract is made by an intermediary. "
(e) (directly applicable federal law) § 45b (5) reads:
" (5) (federal law directly applicable) The provisions of paragraphs 1 to 4 shall be without prejudice to the provisions of the KSchG and the ABGB. "
f) (directly applicable federal law) § 45c is together with headline:
" Minimum requirements for invoices and information and promotional material
§ 45c. (federal law directly applicable) (1) Information and advertising material and invoices addressed to end customers shall be made transparent and friendly to consumers. Insofar as information on the system usage fee and the price for the electrical energy is jointly notified, it is jointly advertised or the conclusion of a common contract is offered or if such a contract is to be billed, the components are the system usage fee, the surcharges for taxes and charges as well as the price of electrical energy in a transparent manner. In any case, the indication of the energy price must be made in Cent/kWh and under the guidance of an all-due basic price.
(2) Without prejudice to the provisions of Section 25 (10) and § § 45 (2) and (45a), the following information shall be disclosed for invoices relating to the use of the system by network operators, suppliers, electricity traders and suppliers:
| 1. |
The allocation of the customer assets to the network levels pursuant to § 25 (5); |
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| 2. |
the agreed or the extent of the use of the network in kW; |
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| 3. |
the counting point designations; |
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| 4. |
the meter readings that have been used for the settlement; |
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| 5. |
Information about the type of meter reading. It must be stated whether a reading of the meter by the network operator, a self-reading by the customer or a computational determination of meter readings has been carried out, and |
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| 6. |
the energy consumption in the accounting period per tariff period. |
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(3) The network operator shall provide the network user with the information referred to in paragraph 2, as well as the measured load profiles of the network user, on request free of charge. "
40. (Determination of the principles) § 47 para. 2 Z 4 reads as follows:
| " 4. |
to draw up timetables between balance sheet groups and report to the balance group coordinator up to a date fixed at that time; " |
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41. (directly applicable federal law) § 52 (1) reads:
" § 52. ( directly applicable federal law ) (1) The Federal Minister for Economic Affairs and Labour shall be authorized to arrange statistical surveys and other statistical work on electricity. The implementation of statistical surveys and other statistical work shall be carried out by Energy-Control GmbH. "
42. (directly applicable federal law) § 52 para. 2 first sentence reads:
"The Federal Minister for Economic Affairs and Labour has to arrange statistical surveys by means of a regulation."
43. (directly applicable federal law) § 54 with headline reads:
" Automation-supported traffic
§ 54. ( directly applicable federal law ) (1) Personal data required for the conduct of proceedings in matters governed by this Federal Law by directly applicable federal law, which the Authority requires in the performance of its supervisory activities or that has been informed by the authority in accordance with § 10, can be determined and processed automatically.
(2) The Federal Minister for Economic Affairs and Labour, Energie-Control GmbH and the Energy Control Commission are authorized to use processed data in the context of proceedings in matters which are directly applicable in this Federal Act. Federal law is to be transmitted to
| 1. |
the parties involved in this procedure; |
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| 2. |
Experts who shall be consulted on the procedure; |
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| 3. |
the members of the Electricity Advisory Board, but only in accordance with Section 26 (3) (1), (2) and (4) E-RBG, Federal Law Gazette (BGBl). I n ° 121/2000, as amended by the BGBl. I No 148/2002, appointed Members; |
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| 4. |
-requested or commissioned authorities (§ 55 AVG); |
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| 5. |
the competent authority for the implementation of the electricity regulatory clearance procedure, in so far as such data are required under this procedure. " |
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44. (Determination of the principles) § 61a together with the title shall be deleted.
45. (directly applicable federal law) § § 62 to 64 and headline are:
" Price Dispute
§ 62. ( directly applicable federal law ) (1) If the action does not constitute a criminal offence within the jurisdiction of the courts or is punishable under other administrative criminal provisions with a more stringent penalty, an administrative surrender shall be responsible for who shall be responsible for a net service performance is a higher price than the maximum or fixed price determined by the authority under this Federal Act, or a lower price than the minimum or fixed price determined by the authority under this Federal Act, Calls, accepts or promises to be promised, and is fined up to EUR 50 000, in the However, to punish recurrence with a fine of up to € 80 000.
(2) The inadmissible additional amount shall be declared expired.
(3) The period of limitation (§ 31 para. 2 VStG) is one year.
Withholding of tax cuts
§ 63. (federal law directly applicable) Those who are contrary to § 56 or who, while reducing the prices in accordance with § 56, are circumvowing the effect of the reduction of taxes, duties or duties by the fact that they are not caused by corresponding increases in costs, which are The reduction of the above-mentioned charges by means of a price increase in whole or in part does not take effect, is subject to an administrative surrender and is punishable by a fine of up to EUR 5 000. "
General criminal provisions
§ 64. (federal law directly applicable) (1) If the action does not constitute a criminal offence within the jurisdiction of the courts or is punishable under other administrative criminal provisions with a more stringent penalty, an administrative surrender shall be carried out and shall be: Fines of up to € 50 000 to be punished
| 1. |
its obligation to provide information and to grant access to it in accordance with § 10; |
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| 2. |
does not comply with the prohibition laid down in § 13; |
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| 3. |
it does not comply with its obligation to comply with the accounting provisions in accordance with § 8 or the provisions of the regulation adopted pursuant to Section 8 (4). |
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(2) If the action does not constitute a criminal offence within the jurisdiction of the courts or is threatened with a more stringent penalty under other administrative criminal provisions, an administrative surrender shall be carried out and shall be subject to: Fines of up to € 3 000 to be punished, who
| 1. |
does not comply with his obligation to notify pursuant to § 14 or § 45b (1) and (2); his obligation to comply with the provisions of § 8 or the provisions of the regulation adopted pursuant to § 8 (4) does not comply; |
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| 2. |
the obligation to honour the award in accordance with § 25 does not correspond; |
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| 3. |
does not comply with its reporting obligations in accordance with Section 36; |
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| 4. |
of its obligation to separate expulsion pursuant to Section 45c (1) does not comply; |
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| 5. |
its obligations as a network operator or supplier in accordance with Section 53 (3) and the Regulation does not comply with the provisions of Article 53 (6); |
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| 6. |
of its obligation to transmit, publish or submit data in accordance with § 52. |
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| Section 62 (3) shall apply. " |
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46. According to § 66c, the following § 66d with headline is inserted:
(a) The heading of § 66d reads as follows:
" In-Force Trets of the Novel BGBl. I No 106/2006 "
(b) (constitutional provision) § 66d para. 1 reads:
" § 66d. (1) (constitutional provision) § § 1, 10, 24 (1) and 31 (1) in the version of the Federal Law BGBl (Federal Law Gazette). I No 106/2006 shall enter into force with the day following the event. "
(c) (directly applicable federal law) § 66d (2) and (3) reads:
" (2) (federal law directly applicable) § § 42a to 42d as well as the annexes I to V in the version of the Federal Law BGBl. I No 106/2006 will enter into force on 21 February 2006.
(3) (federal law directly applicable) § § 1a, 2 (1) Z 1, 8 (3) to 5, 16 (2), 21, 45 (2) to (4), 45a (11), 52 (1) and (2), (54) and (2), (54) and (62) to (64) in the version of the Federal Law BGBl. I No 106/2006 shall enter into force with the following day in the event of the event. Regulations on the basis of these regulations can already be applied from, to the customer of the Federal Law BGBl. I No 106/2006 following the date of adoption. § 45 b (2) and (5) and § 45 (c) shall enter into force with 1. Jänner 2007 in Kraft. "
(d) (determination of principles) § 66d (4) reads as follows:
" (4) (Policy determination) § § 32, 43 (3) and 61a in the version of the Federal Law BGBl. I No 106/2006 shall not enter into force with the day following the presentation. '
(e) (directly applicable federal law) § 66d paragraph 5 reads:
" (5) (federal law directly applicable) § 16 para. 1 and § 34 in the version of the Federal Law BGBl. I No 45/2005 does not enter into force with the day following the event. "
47. The following paragraph 4 is added to § 67:
" (4) The provisions of the Federal Law BGBl, which are referred to as basic provisions. I No 106/2006 shall enter into force with the day following the event. "
47a. § 69 (6) reads:
" (6) The network operators shall collect the contributions determined in accordance with paragraphs 1 to 3 and to which they shall:
Energy-Control GmbH, which has to manage it in a trustee manner. If the energy-control GmbH or the Federal Government is entitled to a refund of contributions pursuant to § 69 (1) to (3) and these contributions have already been used for the granting of operating aid, the Energy-Control GmbH or the The Federal Government has the right to demand the funds from the beneficiaries to return to their interest. "
48. (directly applicable federal law) According to Article 71 (6b), the following paragraph 6c is inserted:
" (6c) (federal law directly applicable) The Länder have the implementing laws to those in the Federal Law BGBl. I n ° 106/2006, within six months of the day of the BGBl proclamation. I No 106/2006, and to put into force. '
49. (constitutional provision) According to Article 71 (10), the following paragraph 11 is inserted:
" (11) (Constitutional provision ) With the enforcement of § § 1, 10, 24 (1) and 31 (1) and (31) (1) and § 69a in the version of the Federal Law BGBl. I No 106/2006 is the responsibility of the Federal Government. "
50. The Appendix to Section 25 (6) Z 2 shall be given the title "I" , the following Annexes II to V shall be added:
" Annex II
(to § § 3 Z 3 and 42a (1))
KWK-Technologies within the meaning of § 3 Z 3 ElWOG
| a) |
Gas turbine with heat recovery (combined process) |
|||||||||
| b) |
Counterpressure steam turbine |
|||||||||
| c) |
Extraction-condensation steam turbine |
|||||||||
| d) |
Gas turbine with heat recovery |
|||||||||
| e) |
Combustion engine |
|||||||||
| f) |
Microturbines |
|||||||||
| g) |
Stirling engines |
|||||||||
| h) |
Fuel cells |
|||||||||
| i) |
Steam engines |
|||||||||
| j) |
Diseaine circulatory system with organic fluid |
|||||||||
| k) |
Any other technology or combination of technologies for which the definition of § 7 Z 20a applies. |
|||||||||
Annex III
(to § § 42b and 42c)
Calculation of CHP electricity
The values for the calculation of CHP electricity shall be determined on the basis of the actual or expected operation of the block under normal conditions of use. For micro-CHP plants, the calculation can be based on certified values.
| a) |
The generation of electricity from cogeneration shall be equated with the annual total electricity generation of the block, measured at the terminals of the main generators, in the following cases: |
|||||||||
| i) |
in the case of cogeneration units of type (b), (d), (e), (f), (g) and (h), in accordance with Annex II, with a total annual efficiency of at least 75%, as defined by the Energy Control; and |
|||||||||
| ii) |
in the case of cogeneration units of type (a) and (c), in accordance with Annex II, with a total annual efficiency of at least 80%, as defined by the Energy Control. |
|||||||||
| b) |
In the case of KWK blocks with an annual overall efficiency below the level in lit. a (i) value (cogeneration units of type b), d), e), f), g) and h) in accordance with Annex II) or with an annual overall efficiency under the value referred to in point (a) (ii) (cogeneration units of type a) and (c) in accordance with Annex II), the cogeneration units shall be: calculated as follows: |
|||||||||
E CHP = Q CHP C
| - |
Where: |
|||||||||
| - |
ECHP the amount of electricity from CHP |
|||||||||
| - |
C the current measure |
|||||||||
| - |
QKWK the net heat generation from cogeneration (calculated for this purpose as a total heat generation, reduced by any amount of heat produced in separate boiler plants or by means of fresh steam extraction from the steam generator upstream of the turbine). |
|||||||||
| The calculation of the cogeneration electricity shall be based on the actual current characteristic. Where the actual number of electricity generated by a cogeneration unit is not known, the following default values may be used, in particular for statistical purposes, for units of type (a), (b), (c), (d) and (e) in accordance with Annex II, to the extent that the calculated cogeneration electricity the total current production of the block does not exceed: |
||||||||||
| Type |
Default current measure C |
| Gas turbine with heat recovery (combined process) |
0.95 |
| Counterpressure steam turbine |
0.45 |
| Extraction-condensation steam turbine |
0.45 |
| Gas turbine with heat recovery |
0.55 |
| Combustion engine |
0.75 |
| Where the standard values for the number of electricity in blocks of type (f), (g), (h), (i), (j) and (k) are applied in accordance with Annex II, they shall be published and communicated to the European Commission. |
||||||||||
| c) |
If a part of the energy content of the fuel supply to the cogeneration process is recovered in chemical form and recycled, that share may be deducted from the fuel supply before the fuel injection process referred to in (a) and (b) Overall efficiency is calculated. |
|||||||||
| d) |
The energy control GmBH can determine the current characteristic as the ratio between the current and the useful heat when the operation takes place in the cogeneration mode at lower power, and at the same time the operating data of the corresponding block are based. |
|||||||||
| e) |
The Energy Control GmBH may use other reporting periods for the calculations referred to in (a) and (b) than one year. |
|||||||||
Annex IV
(to § 42a)
Procedure for determining the efficiency of the CHP process
The values for the calculation of the efficiency of cogeneration and of primary energy savings shall be determined on the basis of the actual or expected operation of the block under normal conditions of use.
| a) |
High-efficiency cogeneration |
|||||||||
| - |
Under this Directive, 'high-efficiency cogeneration' shall meet the following criteria: |
|||||||||
| - |
the generation of cogeneration in cogeneration units, made possible in accordance with point (b), shall make it possible to save at least 10% primary energy savings as compared with the reference values for separate electricity and heat production; |
|||||||||
| - |
production in small and small-scale cogeneration plants, which provide primary energy savings, can be considered as high-efficiency cogeneration. |
|||||||||
| b) |
Calculation of primary energy savings |
|||||||||
| - |
The level of primary energy savings by cogeneration in accordance with Annex III shall be calculated on the basis of the following formula: |
|||||||||
| - |
PEE primary energy saving. |
|||||||||
| - |
Cogeneration W (heat efficiency reference value of CHP production, defined as annual useful heat generation in relation to the fuel used for the production of the sum of combined heat and power generation of CHP and CHP power generation). |
|||||||||
| - |
Ref W (efficiency reference value for separate heat generation. |
|||||||||
| - |
KWK E (electrical efficiency of CHP, defined as annual CHP electricity in relation to the fuel used for the production of the sum of CHP-useful heat output and CHP power generation. When a cogeneration unit generates mechanical energy, an additional value corresponding to the quantity of electricity equivalent to the quantity of mechanical energy can be added to annual cogeneration electricity generation. This additional value does not entibe the person to issue guarantees of origin in accordance with § 42b. |
|||||||||
| - |
Ref E (efficiency reference value for separate power generation. |
|||||||||
| c) |
Calculation of energy saving using alternative calculation methods in accordance with Article 12 (2) of Directive 2004 /8/EC. |
|||||||||
| d) |
The Energy Control may use other reporting periods for the calculation referred to in (b) and (c) than one year. |
|||||||||
| e) |
The calculation of primary energy savings can be based on certified data for small CHP plants. |
|||||||||
| f) |
Efficiency reference values for the separate generation of electricity and heat |
|||||||||
| - |
The principles for the determination of the efficiency reference values for the separate production of electricity and heat in accordance with § 42a and the formula under (b) of this Annex shall be based on the operational efficiency of the separate production of electricity and heat to be replaced by CHP. |
|||||||||
| - |
The efficiency reference values shall be calculated in accordance with the following principles: |
|||||||||
| 1. |
The principle that the same categories of primary energy carriers shall be compared shall apply when comparing cogeneration blocks in accordance with Article 3 with installations for separate electricity production. |
|||||||||
| 2. |
Each cogeneration unit is compared with the best commercially viable and economically justifiable technology for the separate production of heat and electricity in the year of the construction of this cogeneration block on the market. |
|||||||||
| 3. |
The efficiency reference values for cogeneration units, which are more than ten years old, are determined on the basis of the reference values of blocks which are ten years old. |
|||||||||
| 4. |
The efficiency reference values for the separate production of electricity and heat must reflect the climatic differences between the Member States. |
|||||||||
Annex V
(to § 42a)
Criteria for the analysis of national potentials for high-efficiency cogeneration
| a) |
In the examination of the national potentials according to § 42c, it is necessary to investigate |
|||||||||
| 1. |
Which fuels are expected to be used to exploit the potential for cogeneration, with particular regard to the extent to which the use of renewable energy sources in national heat markets is promoted by CHP can be used; |
|||||||||
| 2. |
which the cogeneration technology in Annex I is expected to use to exploit the national cogeneration potential; |
|||||||||
| 3. |
the nature of the separate production of heat and electricity, or, where practicable, of mechanical energy, to be replaced by the high-efficiency cogeneration; |
|||||||||
| 4. |
the share of the potential for the modernisation of existing capacities and the need to build new capacity. |
|||||||||
| b) |
The analysis must include appropriate procedures for assessing the cost-effectiveness (in the form of primary energy savings) of the increase in the share of high-efficiency cogeneration in the national energy mix. The analysis of cost-effectiveness shall also take into account national commitments under the climate protection commitments adopted by the Community under the Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC). Climate change has been made. |
|||||||||
| c) |
In the context of the analysis of the national cogeneration potential, the potentials for the years 2010, 2015 and 2020 as well as, if possible, a cost estimate for these years should also be stated. " |
|||||||||
Article 2
Amendment of the Gas Trade Act
The Federal Law, which is to introduce new regulations in the field of natural gas industry (Gaswirtschaftsgesetz-GWG), BGBl. I n ° 121/2000, as last amended by the Federal Law BGBl. I No 148/2002, shall be amended as follows:
1. The table of contents is as follows:
" TOC
| 1.Part |
|
| Principles |
|
| § 1. |
Constitutional provision |
| § 1a. |
Transposition of EU law |
| § 2. |
Scope |
| § 3. |
Objectives |
| § 4. |
Public service obligations |
| § 5. |
Principles in the operation of natural gas undertakings |
| § 6. |
Definitions |
| Part 2 |
|
| Accounting, internal organisation, unbundling and transparency of the accounts of natural gas undertakings |
|
| § 7. |
Accounting |
| Part 3 |
|
| Access to information and views, business and trade secrets, reporting requirements |
|
| § 8. |
Access to information and views |
| § 9. |
Business and trade secrets |
| § 10. |
Notification of natural gas supply contracts |
| § 11. |
Duty to provide information |
| Part 4 |
|
| Operation of networks |
|
| 1. Main item |
|
| Rule zones |
|
| § 12. |
Rule zones |
| § 12a. |
Rule Zone Guide |
| § 12b. |
Obligations of the rule zone guides |
| § 12c. |
Independence of the rule zone guide |
| § 12d. |
Management of transport capacity in the transmission lines |
| § 12e. |
Long term planning |
| § 12f. |
Fee for the rule zone guide |
| § 12g. |
Measures for the elimination of short-or medium-term capacity constraints |
| § 12h. |
General conditions of the rule zone guide |
| 2. Main piece |
|
| Exercise Requirements |
|
| § 13. |
Approval |
| § 14. |
Approval requirements |
| § 15. |
Technical Operations Manager |
| § 16. |
Managing Director |
| 3. Main piece |
|
| Rights and obligations |
|
| Section 1 |
|
| General rights and obligations |
|
| 1. Subsection |
|
| Access to the network for domestic customers |
|
| § 17. |
Provision of access to the network |
| § 18. |
Non-discrimination |
| § 19. |
Refusal of access to the network |
| § 19a. |
Transparency of network capacities |
| § 19b. |
Publication of information |
| § 20. |
Exception to the obligation to grant access to the network |
| § 20a. |
New infrastructures |
| § 21. |
Dispute settlement procedure |
| § 22. |
Recovery of non-settable gas quantities |
| 2. Subsection |
|
| System Usage Fee |
|
| § 23. |
Composition of system usage fee |
| § 23a. |
Determination of network usage fee |
| § 23b. |
Network levels and network areas |
| § 23c. |
Networks of different operators |
| § 23d. |
Procedure |
| § 23e. |
Charge for counterflows |
| Section 2 |
|
| Distribution system operator |
|
| § 24. |
Obligations of distribution companies |
| § 25. |
General obligation to attach |
| § 26. |
Conditions for network access to distribution lines |
| § 27. |
Change of network conditions |
| § 28. |
Load profiles |
| § 29. |
Publication of the General Distribution Network Conditions |
| § 29a. |
Publication of measurement prices |
| § 30. |
Information requirements |
| Section 3 |
|
| Transmission undertakings |
|
| 1. Subsection |
|
| Designation of transmission lines, rights and obligations of transmission undertakings |
|
| § 31. |
Pipelines |
| § 31a. |
Obligations of transmission undertakings |
| § 31b. |
Operational duty |
| 2. Subsection |
|
| Transboundary transports |
|
| § 31c. |
Cross-border natural gas transport |
| § 31d. |
Access to network access for cross-border natural gas transport |
| § 31e. |
Provision and organisation of network access |
| § 31f. |
Procedure for establishing the legality of refusal of access to the network |
| § 31g. |
General conditions for cross-border transport |
| § 31h. |
Remuneration for cross-border transport |
| § 31i. |
Natural gas transit |
| Section 4 |
|
| Settlement unit for transactions and price formation for balancing energy |
|
| § 32. |
Exercise Requirements |
| § 33. |
Concession requirements |
| § 33a. |
Withdrawal of concession, erasing of the concession and special permits |
| § 33b. |
Tasks |
| § 33c. |
Procedure for determining the price of compensatory energy |
| § 33d. |
General conditions |
| § 33e. |
Clearing fee |
| § 33f. |
Preparation for market opening |
| 4. Main piece |
|
| Liability |
|
| § 34. |
Liability |
| § 35. |
Liability limits |
| § 36. |
Disclaimer |
| § 37. |
Proof of the conclusion of a liability insurance |
| 5. Main piece |
|
| Erasing the authorization to operate a natural gas company |
|
| § 38. |
Endigungstatstocks |
| § 38a. |
Deprivation and subsatiation |
| § 38b. |
Spin-off |
| § 38c. |
Dissolution of a civil society of commercial law |
| § 38d. |
Withdrawal of authorisation |
| § 38e. |
Measures to secure the supply of natural gas |
| 6. Main piece |
|
| Storage Companies |
|
| § 39. |
Access to storage facilities |
| § 39a. |
Storage usage charges |
| § 39b. |
Presentation of contracts |
| § 39c. |
General conditions for storage access |
| § 39d. |
Obligations of storage companies |
| Part 5 |
|
| Network user |
|
| 1. Main item |
|
| Gas dealers and suppliers |
|
| § 40. |
Gas dealers and suppliers |
| § 40a. |
Minimum requirements for invoices and information and promotional material |
| 2. Main piece |
|
| Network Access Authorized |
|
| § 41. |
Rights of access to the network |
| § 41a. |
Request for network access by natural gas undertakings |
| § 41b. |
Assertion of the right to access to the network |
| 3. Main piece |
|
| Balance groups |
|
| § 42. |
Formation of balance sheet groups |
| § 42a. |
Tasks and duties of the accounting group responsible |
| § 42b. |
General terms and conditions of the accounting groups responsible |
| § 42c. |
Approval of accounting group leaders |
| § 42d. |
Revocation or Delete Approval |
| § 42e. |
Change of supply or balance sheet group |
| § 42f. |
Allocation of suppliers to balance sheet groups |
| § 42g. |
Natural gas exchanges |
| § 42h. |
Data transmission to the rule zone guide |
| Part 6 |
|
| Natural gas pipeline systems |
|
| Section 1 |
|
| Nature of the natural gas pipeline systems |
|
| § 43. |
Minimum technical requirements for piping systems |
| Section 2 |
|
| Establishment and dismissal of natural gas pipeline systems |
|
| § 44. |
Permit requirement |
| § 45. |
Requirements |
| § 46. |
Pre-Review |
| § 47. |
Approval of natural gas pipeline systems |
| § 48. |
Parties |
| § 49. |
Other exceptions to the permit requirement |
| § 50. |
Notification requirements at the start of operation and the operating end |
| § 51. |
Self-monitoring |
| § 52. |
Change in the person of the owner of a natural gas pipeline |
| § 53. |
Delete Approval |
| § 54. |
Unapproved natural gas pipeline systems |
| § 55. |
Insectary security measures |
| § 56. |
Preliminary work on the construction of a natural gas pipeline system |
| Section 3 |
|
| Expropriation |
|
| § 57. |
Expropriation Requirement |
| § 58. |
Responsibility |
| Part 7 |
|
| Statistics |
|
| § 59. |
Arrangement and implementation of statistical surveys |
| 8. Part |
|
| Authorities and procedures |
|
| Section 1 |
|
| § 60. |
Responsibility of authorities in gas affairs |
| § 61. |
Confidentiality of Obligations |
| Section 2 |
|
| 1. Subsection |
|
| General |
|
| § 62. |
Appointment of a delivery agent |
| § 63. |
Obligation to provide information |
| § 64. |
Automation-supported traffic |
| § 65. |
Presentation of Regulations |
| 2. Subsection |
|
| Pre-examination procedures and procedures for the approval of natural gas pipeline systems |
|
| § 66. |
Pre-examination procedures |
| § 67. |
Initiation of the authorisation procedure |
| § 68. |
Authorisation procedure and hearing rights |
| § 69. |
Granting of authorisation |
| 3. Subsection |
|
| Procedures for the execution of expropriations |
|
| § 70. |
Expropriation procedure |
| Part 9 |
|
| Criminal provisions |
|
| § 71. |
General criminal provisions |
| § 72. |
Consenseless operation |
| § 73. |
Price dispute |
| § 74. |
Revelation or recovery of data |
| Part 10 |
|
| Repeal, Transitional and Final Provisions |
|
| § 75. |
Repeal of legislation |
| § 76. |
Transitional provisions |
| § 76a. |
Transitional provisions on GWG novella 2002 |
| § 76b. |
Transitional provisions on the 2006 GWG novella |
| § 77. |
Final provisions |
| § 78. |
In-force pedals |
| § 78a. |
In-force pedals of the GWG-Novel 2002 |
| § 78b. |
In-force pedals of the GWG-Novel 2006 |
| § 79. |
Enforcement " |
2. (constitutional provision) § 1 reads:
" § 1. (constitutional provision) The matters governed by this Federal Act may be directly provided by the bodies provided for in those provisions. "
3. In § 1a, the point at the end of Z 2 shall be replaced by a stroke, and the following Z 3 and 4 shall be added:
| " 3. |
Directive 2003 /55/EC concerning common rules for the internal market in natural gas and repealing Directive 98 /30/EC, OJ L 201, 31.7.2003, p. No. OJ L 176, 15.07.2003 p. 57; |
|||||||||
| 4. |
Directive 2004 /67/EC relating to measures to safeguard security of natural gas supply, OJ L 327, 28.2.2004 No. OJ L 127, 29.04.2004, p. 92. |
|||||||||
4. § 2 Z 1 reads:
| " 1. |
the release of provisions relating to transmission, distribution, purchase or supply of natural gas, including access to the network for customers and suppliers, and access to storage for natural gas undertakings established within the European Union; " |
|||||||||
5. In § 2 Z 3, the word order shall be "Natural gas undertakings and storage companies" by the word "Natural gas undertakings" replaced.
6. § 3 together with headline reads:
" Objectives
§ 3. The aim of this federal law is to:
| 1. |
of the Austrian population and economy of natural gas environmentally friendly, cost-effective, sufficiently and safely and in high quality, and its efficient use, in particular also in the conversion of electricity and heat, to be made available , and to provide the necessary infrastructure for the safe supply of natural gas to the Member States of the Community; |
|||||||||
| 2. |
to establish a market organisation for the natural gas sector in accordance with EU primary law and the principles of the internal market in natural gas, in accordance with the internal market in natural gas; |
|||||||||
| 3. |
the introduction of the calculation of the system usage fee and of a cost-recovery procedure to ensure an appropriate distribution of network costs on the network users; |
|||||||||
| 4. |
to provide compensation for public service obligations in the general interest which have been imposed on the network operators and which are based on safety, including security of supply, regularity, quality and price supplies and environmental and climate protection; |
|||||||||
| 5. |
to lay the foundations for an increasing use of the potential of biogenic gases for the Austrian gas supply. " |
|||||||||
7. § 4 reads:
" § 4. (1) The following public service obligations shall be imposed on the network operators in the general interest:
| 1. |
Equal treatment of all customers of a network with the same characteristics of transport performance; |
|||||||||
| 2. |
the conclusion of private-law contracts with end customers via the connection to their natural gas pipeline systems (General Connection obligation); |
|||||||||
| 3. |
the establishment and maintenance of a natural gas infrastructure for domestic gas supply and for the fulfilment of obligations under international law. |
|||||||||
(2) holders of transport rights shall exercise their function in accordance with the rules of competition law.
(3) The natural gas undertakings shall be subject to the following public service obligations in the general interest:
| 1. |
the achievement of the objectives set out in § 3 (1) and (2) with the resources at their disposal; |
|||||||||
| 2. |
the fulfilment of the obligations imposed by legislation in the public interest. |
|||||||||
(4) Natural gas undertakings shall endeavour to achieve the best possible fulfilment of the obligations imposed on them in the general interest in accordance with paragraphs 1 to 3 above, with all the means at their disposal. "
8. § 6 together with headline reads:
" Definitions
§ 6. For the purposes of this Federal Law, the term "
| 1. |
"balancing energy" means the difference between the application and the levy of a balance sheet group per defined period of measurement, whereby the energy per measurement period can actually be recorded or calculated by calculation; |
|||||||||
| 2. |
"balance sheet group" means the summary of suppliers and customers to form a virtual group within which compensation is made between the application and the delivery; |
|||||||||
| 3. |
"balance sheet coordinator" means the operator of a clearing house; |
|||||||||
| 4. |
"accounting group responsible" means a natural or legal person responsible to other market participants and the balance group coordinator who represents the members of a balance sheet group; |
|||||||||
| 5. |
"direct line" means a natural gas pipeline, in addition to the interconnected system; |
|||||||||
| 6. |
"third countries" means States which do not accede to the Agreement on the European Economic Area or are not members of the European Union; |
|||||||||
| 7. |
'feed-in' means a producer of biogenic gases, a producer of natural gas, a natural gas undertaking or a storage undertaking which supplies natural gas to a network; |
|||||||||
| 8. |
"final consumer" means a consumer who purchases natural gas for its own use; |
|||||||||
| 9. |
"borrower" means a final consumer, a storage undertaking or a network operator who refers to natural gas from the network; |
|||||||||
| 10. |
"natural gas dealer" means a natural or legal person who purchases or sells natural gas without, within or outside the network in which it is set up, a transmission or distribution function; |
|||||||||
| 11. |
"natural gas pipeline" means an installation which, for the purpose of the transmission, the distribution of natural gas, is constructed or operated by pipeline or pipeline networks or as direct lines, provided that it is not a pipeline system upstream of the pipeline (Z 65); natural gas pipelines include, in particular, compressor stations, pig sluices, slide stations, measuring stations and gas pressure equipment; |
|||||||||
| 12. |
"natural gas supplier" means a supplier; |
|||||||||
| 13. |
"natural gas undertaking" means a natural or legal person who, in profit or loss, from the functions of transmission, distribution, supply, sale, purchase or storage of natural gas, including liquefied natural gas, or the implementation of Hub services shall be responsible for at least one of these functions and shall be responsible for the commercial, technical or maintenance tasks related to these functions, with the exception of the final consumer; undertakings within the meaning of Z 20, 43 and 48 shall be responsible for: natural gas undertakings; |
|||||||||
| 14. |
"roadmap" means the document which indicates which power (kWh/time unit) is exchanged commercially or via control zone limits in a constant time grid (measurement periods) between balance sheet groups; |
|||||||||
| 15. |
"transmission line" means an installation for the purpose of transporting natural gas through a high-pressure line or a high-pressure network, provided that this line also applies to cross-border transport or to other transmission or distribution undertakings is determined; |
|||||||||
| 16. |
"transmission undertaking" means a natural or legal person who operates a transmission and is the institution of an authorisation in accordance with § 13, or who does not require an authorisation pursuant to § 13 in accordance with § 76; |
|||||||||
| 17. |
"cross-border transport" means the transport of natural gas to a destination country, even if there is an intermediate storage of the gas in Austria; |
|||||||||
| 18. |
"house connection" means the part of the distribution system which makes it possible to connect the distribution system to the customer's facilities, starting from the network connection point (Z 30) at the time of the conclusion of the contract relating to the manufacture of the connection existing distribution system and end with the main locking device or, if any, with the house pressure regulator. An all-time home pressure regulator in the end user's facility is part of the house connection; |
|||||||||
| 18a. |
"house pressure regulator" means a pressure control device in the ownership of the system operator with a pressure control range from an input-side overpressure greater than 0.5 bar (0.05 MPa) and less than/equal to 6 bar (0.6 MPa) to an output-side overpressure less than 0,5 bar (0,05 MPa), provided that the pressure control device is not part of a commercial operating system; |
|||||||||
| 19. |
"horizontally integrated natural gas undertaking" means a natural gas undertaking performing at least one of the functions of transmission, distribution, supply, sale, purchase or storage of natural gas and, in addition, a further activity outside the the natural gas sector; |
|||||||||
| 19a. |
"Hub" means a gas pipeline junction where logistical and/or commercial lifting services are provided; |
|||||||||
| 19b. |
"hub service undertaking" means a company providing logistical and/or commercial hub services; |
|||||||||
| 20. |
"holder of transport rights" means a natural gas undertaking which has the exclusive right to transport natural gas or to conclude contracts for the transport of natural gas with regard to a transmission system; |
|||||||||
| 21. |
"integrated natural gas undertaking" means a vertically or horizontally integrated natural gas undertaking; |
|||||||||
| 21a. |
"commercial hub services" means services in support of natural gas trading transactions, such as, in particular, "title tracking" (retaking of the title transfer of natural gas from commercial transactions); |
|||||||||
| 22. |
"cost rolling" means a calculatory calculation method which is applied in order to assign to a consumer collective the costs of all the network levels above the connection network level; |
|||||||||
| 23. |
"customers" means end users, natural gas distributors or natural gas undertakings purchasing natural gas; |
|||||||||
| 24. |
"long-term planning" means the long-term planning of supply and transport capacities of natural gas undertakings to meet the demand for natural gas in the network, to diversify sources of supply and to ensure the supply of supplies to customers; |
|||||||||
| 25. |
"load profile" means a reference quantity or supply quantity of a feeder or operator, which is shown at time intervals; |
|||||||||
| 26. |
"supplier" means a supplier; |
|||||||||
| 26a. |
"logistical hub services" means storage and transport services that are provided at the hub; |
|||||||||
| 27. |
"market rules" means the sum of all the rules, regulations and regulations on a legal or contractual basis which market participants have to comply with in the natural gas market in order to enable and ensure the orderly functioning of this market; |
|||||||||
| 28. |
"market participants": balance sheet group managers, balance sheet group members, suppliers, natural gas dealers, producers, network users, customers, end users, natural gas exchanges, balance sheet group coordinators, transmission companies and distribution companies, Control zone guides and storage companies, transport rights holders and hub service providers; |
|||||||||
| 29. |
"network" means any transmission or distribution system belonging to or/or operated by a natural gas undertaking, including its facilities used for ancillary services (e.g. control and measuring equipment), and of installations connected to it; undertakings which are required for access to transmission and distribution; |
|||||||||
| 30. |
"network connection point" means the location of the network, which is technically appropriate for the extraction or feeding of natural gas, of the network existing at the time of the conclusion of the contract relating to the manufacture of the connection, taking into account the economic interests of the network network user; |
|||||||||
| 31. |
"network user" means any natural or legal person who is fed into the network or is supplied from it; |
|||||||||
| 32. |
"network area" means that part of a network which is subject to the same tariff rates; |
|||||||||
| 33. |
"network operator" means any transmission or distribution undertaking; |
|||||||||
| 34. |
"network level" means a sub-area of the network which is essentially determined by the pressure level; |
|||||||||
| 35. |
"network access" means the use of a network system by customers, producers of biogenic gases and producers of natural gas; |
|||||||||
| 36. |
"network access entitled" means customers, producers of biogenic gases which have a right to access to the network and producers of natural gas which have a right to access to the network, and network operators and control zone leaders, to the extent necessary to carry out their duties is; |
|||||||||
| 37. |
"network access contract" means the individual agreement concluded between the network operator and a network operator, as concluded in accordance with § 17, which regulates the network connection point and the use of the network; |
|||||||||
| 38. |
"network access" means the first-time production of a network connection or the change in the capacity of an existing network connection; |
|||||||||
| 39. |
"new infrastructure" means an infrastructure which is based on the entry into force of Directive 2003 /55/EC, OJ L 327, 22.3.2003, p. No. 57., on common rules for the internal market in natural gas and repealing Directive 98 /30/EC, has been completed; |
|||||||||
| 40. |
"producer" means a legal or natural person or a holding company which acquires natural gas; |
|||||||||
| 41. |
"technical rules" means technical rules which contain principles derived from science or experience in the technical field and whose accuracy and usefulness are generally considered to be proven in practice; compliance with the relevant rules the technology is presumed if the technical rules of the ÖVGW and the ÖNORM are complied with during the construction, the extension, the modification, the operation and the maintenance; |
|||||||||
| 42. |
"regulatory zone" means the spatial structure of the transmission lines and distribution lines with power and pressure control; pressure maintenance and systems formed from storage systems connected thereto into geographical areas, taking into account the existing network structures, to the extent that they are intended for domestic supply; |
|||||||||
| 43. |
"rule zone leader" means the person responsible for the pressure control in a control zone, where this function can also be fulfilled by a company based in another Member State of the European Union. Union has; |
|||||||||
| 44. |
"control energy" means the energy to be applied for the short-term compensation of pressure fluctuations in the network occurring within a given interval; |
|||||||||
| 45. |
"safety" means both the security of supply and the supply of natural gas as well as operational safety and technical security; |
|||||||||
| 46. |
"Other market rules" means the part of the market rules which, according to Article 9 (1) (1) of the Federal Act, on the tasks of the regulatory authorities in the electricity and natural gas sector and the establishment of the Energy Control GmbH and the Energy Control Commission (Energy Regulatory Authority Act-E-RBG) in the version of the Federal Law BGBl. I n ° 148/2002 is drawn up and is subject to legal order by way of approved general conditions; |
|||||||||
| 46a. |
"other transport" means the transport of feed-in points of the control zone to storage facilities as well as the transport of production or storage facilities to the exit points of the control zone; |
|||||||||
| 47. |
"storage facility" means an installation belonging to a natural gas undertaking and/or operated by it for the storage of natural gas, with the exception of the part used for the activities in accordance with the Mineral Raw Materials Act; |
|||||||||
| 48. |
"storage undertaking" means a natural or legal person who manages natural gas storage; |
|||||||||
| 49. |
"storage authorised" means producers, gas traders and suppliers established within the European Union; |
|||||||||
| 50. |
"state of the art" means the development level of advanced technological processes, facilities and modes of operation based on the relevant scientific knowledge, the functional capability of which is tested and proven; The state of the art shall be determined in particular by comparable methods, facilities or modes of operation; |
|||||||||
| 51. |
"standardised load profile" means a load profile which is characterised by an appropriate procedure for a given feed or user group; |
|||||||||
| 52. |
"system usage fee" means the remuneration to be paid for the transport of domestic end-users; |
|||||||||
| 53. |
"related natural gas undertakings" |
|||||||||
| a) |
an affiliated company within the meaning of Section 228 (3) of the HGB, |
|||||||||
| b) |
an associate within the meaning of Section 263 (1) of the German Commercial Code (HGB) or |
|||||||||
| c) |
if the shareholders of the two companies are ident; |
|||||||||
| 54. |
"interconnected network" means a number of networks which are interconnected; |
|||||||||
| 55. |
"available line capacity" means the difference between the maximum technical capacity of the supply or distribution line and the actual power at a given point in time at the points of entry and exit of the respective natural gas line; |
|||||||||
| 56. |
"Settlement office for transactions and price formation for balancing energy" means a facility providing the data provided by network operators and market participants to the individual network operators and market participants Balancing energy as well as balance sheet groups managed in organisational and accounting terms; |
|||||||||
| 57. |
"supplier" means a natural or legal person who is responsible for the supply; |
|||||||||
| 58. |
"supply" means the supply or sale of natural gas, including liquefied natural gas, to customers; |
|||||||||
| 59. |
"distribution area" means a geographically delimited area covered by a distribution network; |
|||||||||
| 60. |
"distribution lines" means piping used primarily or exclusively for the transport of natural gas for the direct supply of customers; |
|||||||||
| 61. |
"distribution undertaking" means a natural or legal person who carries out the function of distribution; |
|||||||||
| 62. |
"distribution" means the transport of natural gas through local or regional distribution lines with a view to supplying customers, but excluding supplies; |
|||||||||
| 63. |
"vertically integrated natural gas undertaking" shall mean a company or a group of undertakings whose mutual relations are based on rights, contracts or other means individually or collectively, taking into account all the actual or legal circumstances, give a decisive influence on the activities of a company, in particular by: |
|||||||||
| a) |
property rights or rights of use in all or part of the assets of the company; |
|||||||||
| b) |
rights or contracts which have a decisive influence on the composition of the bodies of the undertaking which are responsible for the deliberations or decisions of the institutions of the undertaking concerned, the undertaking concerned or the undertaking concerned. the group concerned shall carry out at least one of the functions of transmission, distribution or storage and at least one of the functions of extraction or supply of natural gas; |
|||||||||
| 64. |
"management of natural gas storage" means the conclusion of contracts with third parties on the provision of storage space, including the storage and storage capacity; |
|||||||||
| 65. |
"upstream pipeline network" means pipelines or a network of pipelines, the operation or construction of which is part of a natural gas extraction or storage project, or which is used to supply natural gas from one or more such projects to a To direct the processing plant or the transfer station (terminal), including storage stations; |
|||||||||
| 66. |
"Destination State" means a Member State of the European Union or a contracting state of the EEA situated outside the scope of this Federal Law, for which the natural gas supply for which a transport service has been requested is determined. " |
|||||||||
9. In Article 7 (1), the following sentence shall be inserted after the first sentence:
"The audit of the annual accounts shall also refer to the investigation of whether the obligation to avoid abusive cross-subsidies in accordance with paragraph 4 is complied with."
Section 7 (2) reads as follows:
" (2) Network operators and transport rights holders must, in addition to the legal form, organisation and decision-making authority, independent of the activities of supply, sale, supply and production of natural gas vertically integrated natural gas undertakings. The Energy Control Commission may, by means of a communication, joint management of networks for natural gas, electrical energy and other line-linked divisions in a company (combined system operator) and the exercise of other activities if this does not affect the independence of the network operators. In any event, the simultaneous operation of a transmission system and of a distribution system and of the operation and management of a storage facility shall be authorised provided that the criteria laid down in paragraph 3 are met. These provisions shall not give rise to any obligation to separate the property of the vertically integrated undertaking in assets of the network. "
Section 7 (3) reads as follows:
" (3) The independence of the network operators (owners of transport rights) shall be ensured on the basis of the following criteria:
| a) |
in a vertically integrated natural gas undertaking, the persons responsible for the activities of a network operator or of the management of transport rights shall not be part of the company ' s operating facilities, directly or indirectly, for the day-to-day operation of the operations in the fields of natural gas extraction, purchase or delivery are responsible; |
|||||||||
| b) |
provision should be made for the professional interests of persons responsible for the management of a network operator or a holder of transport rights to be taken into account in such a way as to ensure that they are capable of acting as a function of their action; |
|||||||||
| c) |
the network operator (owner of transport rights) shall have effective decision-making powers, irrespective of the integrated natural gas undertaking, in respect of assets necessary for the operation, maintenance or development of the network; . This shall not preclude the appropriate coordination mechanisms to ensure that the economic powers of the parent undertaking and its supervisory rights relating to management with regard to the profitability of a parent undertaking are: Subsidiaries are protected. This shall enable the parent company, in particular, to approve the annual financial plan or an equivalent instrument of the system operator and to set general limits on the indebtedness of its subsidiary. Instructions relating to day-to-day operations or to individual decisions relating to the construction or upgrading of lines which do not exceed the framework of the approved financial plan or an equivalent instrument shall be inadmissible; |
|||||||||
| d) |
the network operator (the holder of transport rights) must establish a compliance programme which indicates the measures to be taken to exclude discriminatory behaviour. The programme shall set out the specific obligations of the staff with regard to this objective. The management of the integrated natural gas undertaking to which the network operator or the holder of transport rights belongs shall appoint an equal treatment officer responsible for drawing up the programme and monitoring compliance with it, and is committed to reporting. This Equal Treatment Officer shall submit an annual report to Energie-Control GmbH on the measures taken, which shall be published. " |
|||||||||
Section 7 (4) reads as follows:
" (4) (2) shall apply only to integrated natural gas undertakings, the network of which is prior to the 1. In October 2002, more than 50 000 domestic connections or a remote management system are available. Natural gas undertakings are obliged to do so within the framework of their internal accounts
| 1. |
own accounts in separate accounts for their natural gas transmission, distribution and storage activities; and |
|||||||||
| 2. |
Consolidated accounts for their activities outside the natural gas area (Z 1) |
|||||||||
| , The internal accounts shall contain a balance sheet for each activity as well as a result statement. In addition, the rules, including the depreciation rules, are to be disclosed in the internal accounting procedure, without prejudice to the rules on trade and taxation, according to which the assets and liabilities as well as the assets and liabilities of the assets and liabilities are are assigned to the accounting circuits listed separately in accordance with Z 1. Amendments to these rules shall only be permitted in exceptional cases. These amendments must be mentioned and duly justified. Revenue from the ownership of the transmission and/or Distribution network shall be shown separately in the accounts. " |
||||||||||
(13) The following sentence shall be added to § 8:
" In particular, the network operator shall provide all the information that enables the Authority to assess properly. If the network operator does not comply with this obligation, the Authority may use an estimate. "
14. 12b (1) (2) (2) reads:
| " 2. |
Control of transmission systems by means of guidelines to the transmission undertakings; " |
|||||||||
15. § 12b (1) Z 6 reads:
| " 6. |
Monitoring of state variables at interfaces of the natural gas lines transmitted to it for control; " |
|||||||||
16. § 12b (1) Z 8 reads:
| " 8. |
To obtain natural gas for the application of balancing energy; " |
|||||||||
17. § 12b (1) Z 10 to 12 are:
| " 10. |
to ensure, in cooperation with the network operators, the physical balance between the provision and the needs in the system to be covered by them and to respond to requests for access to the network and the allocation of capacity in accordance with Article 19 (2) and to establish appropriate contracts and to identify the use of capacity; |
|||||||||
| 11. |
Bottleneck management in the transmission lines of its control zone, whereby transport for the purpose of the retail supply within the framework of the assigned capacities takes precedence over other transports. Transport for the purpose of retail supply shall be given priority in the context of capacity allocation; |
|||||||||
| 12. |
to make available to the network operators and to the clearing house the data necessary for carrying out the calculation of the balancing energy, and in particular to provide those data which are necessary for the calculation of the deviations in the timetable and the deviation from the load profile of each balance sheet group is required; " |
|||||||||
18. § 12b (1) Z 18 reads as follows:
| " 18. |
Publication of network utilization; to be published are the respective maximum hourly average values (Nm) 3 /h) per day, one year back at all the points of entry and exit of the rule zone on the website of the control zone guide; " |
|||||||||
19. In Section 12b (1), in Z 21 the point at the end of the sentence shall be replaced by a reticle; the following Z 22 and 23 shall be added:
| " 22. |
in the context of long-term planning, the annual reporting to Energy-Control GmbH on the relationship between supply and demand, the expected demand development and the available supply, in the planning and in the construction additional capacity as well as measures for the operation of demand peaks and for the management of failures of one or more suppliers. The data determined in the context of long-term planning can be used for the purpose of energy management (§ § 20i and 20j Energy Law) as well as for the preparation of the monitoring report (§ 14a E-RBG); |
|||||||||
| 23. |
the submission of its General Terms and Conditions for approval by the Energy Control Commission pursuant to § 12h. " |
|||||||||
(20) In § 12b (2), first sentence, after the word "Accounting group leaders" the phrase ", suppliers and operators of storage and production facilities as well as owners of transport rights" inserted.
Section 12b (3) reads as follows:
" (3) In the event of disputes between the transmission company and the control zone leader concerning the measures and information required for the performance of the tasks referred to in paragraph 1, the Energie-Control GmbH shall decide on the application of a transmission company or the control zone guide with information on the measures and information to be taken by the transmission company, or "
22. Section 12c (1) reads as follows:
" (1) The rule zone leaders must be independent at least in terms of the legal form, organisation and decision-making power of all activities which are not related to the pursuit of the activities referred to in § 12b or the provision of services in the Connection with the planning, control and capacity and network access management of natural gas control or storage facilities. The costs associated with the provision of activities not covered by § 12b are to be deducted from the determination of the remuneration in accordance with § 12f.
23. § 12e and headline is:
" Long-term planning
§ 12e. (1) Long-term planning is the objective of the natural gas transmission system in respect of:
| 1. |
meeting the demand for transport capacity to supply end-users, taking into account emergency scenarios, |
|||||||||
| 2. |
the achievement of a high level of availability of transport capacity (security of supply of infrastructure), |
|||||||||
| 3. |
, as well as the coverage of transport requirements for other transport |
|||||||||
| to plan. |
||||||||||
(2) The rule zone guide shall have the task of drawing up, at least once a year, a long-term planning for the regulatory zone in order to achieve the objectives of this law and the objectives set out in paragraph 1. The planning period shall be determined by the control zone guide, which shall be carried out in a transparent and non-discriminatory manner on the basis of the data available to it. The minimum planning period shall be three years.
(3) In the preparation of long-term planning, the control zone guide shall take into account the technical and economic purposes and the objectives set out in paragraph 1. In particular, in the case of competing projects or solution variants, the control zone leader shall present the technical and economic reasons for the measure which has ultimately been proposed.
(4) All market participants, in particular transmission companies, distribution companies, accounting group managers, suppliers, producers, storage companies and transport rights holders shall have the rule zone guide at its written request to provide the data necessary for the preparation of long-term planning, in particular for the assessment of existing or potential capacity constraints within a reasonable period of time. Independently of this, the control zone guide can also draw on other data which are appropriate for long-term planning. These data shall also be taken into account when assessing network access applications and requests for capacity expansion of the rule zone leader.
(5) The long-term planning is to be submitted for approval by the Energy Control Commission. The authorisation shall be granted if the measures presented in the long-term planning appear appropriate to support and not endanger the objectives set out in Article 12e (1). The authorisation shall be granted subject to conditions, conditions or fixed-term conditions, to the extent that this is necessary for the purpose of fulfilling the objectives of this Act.
(6) The rule zone leader shall be obliged to amend or re-create the long-term planning submitted for approval at the request of the Energy Control Commission. Applications for modification of the most recently approved long-term planning shall be admissible at any time, provided that natural gas piping, which is to be additionally constructed, expanded, modified or operated, or other major changes to the Planning fundamentals require a new overall assessment in the context of long-term planning for the control zone.
(7) In the case of capacity bottlenecks in natural gas pipeline systems which are not exclusively used for domestic supply, a possible extension of the transport capacity reserved for domestic supply in the long-term planning is to be consideration.
(8) The proportional, actually incurred costs associated with the implementation of measures, which were led in an approved long-term planning, are in the determination of system use tariffs according to § § 23 et seq. of the affected to recognise network operators. "
24. According to § 12f, the following § § 12g and 12h shall be inserted together with the headings:
" Measures for the elimination of short-or medium-term capacity constraints
§ 12g. Provided that the control zone guide recognizes in the short term the need for measures to eliminate seasonal capacity constraints, it shall have the relevant transmission system operators, transport rights holders, balance-sheet groups responsible, Suppliers, balance group coordinators and/or operators of storage or production facilities to report on the need for measures for the elimination of seasonal capacity constraints in accordance with Section 12b (1) (11) (11) and in conjunction with these companies, to draw up a corresponding plan of action . Excluded from this obligation are measures concerning production or storage and subject to the Mineral Raw Materials Act. The companies concerned are obliged to participate in their efforts. The control zone guide has to inform the Energy Control Commission and Energie-Control GmbH without delay.
General conditions of the rule zone guide
§ 12h. (1) The general conditions of the rule zone guide regulate, on the one hand, the legal relationship between the control zone leader and the balance sheet group responsible (AB RZF-BGV) and, on the other hand, between the rule zone leader and the network operators (AB RZF network). The general conditions of the control zone guide as well as their changes require the approval of the Energy Control Commission. This authorisation shall be granted subject to conditions, conditions or fixed-term conditions, in so far as this is necessary for the fulfilment of the provisions of this Act. The duration shall not be less than a period of three years. Rule zone guides are obliged to amend or re-create the General Terms and Conditions for approval at the request of the Energy Control Commission.
(2) The general conditions of the control zone guide shall not be discriminatory and shall not contain abusive practices or unjustified restrictions and shall not jeopardise security of supply. In particular, they shall be designed to:
| 1. |
the performance of the tasks assigned to the regulatory zone leader, the accounting group responsible and the network operators is ensured; |
|||||||||
| 2. |
they are not in conflict with existing legislation. |
|||||||||
(3) The AB RZF-BGV has in particular to contain:
| 1. |
the rights and obligations of the contracting parties, in particular in order to comply with the other market rules; |
|||||||||
| 2. |
the settlement of the schedule management by the control zone guide; |
|||||||||
| 3. |
the procedure relating to the management of the capacity of customers by the accounting groups responsible; |
|||||||||
| 4. |
the balancing energy management by the control zone guide; |
|||||||||
| 5. |
the definition of the data to be exchanged between the contracting parties; |
|||||||||
| 6. |
the procedure and modalities for the exchange of the supplier or group of balance sheets (§ 42e); |
|||||||||
| 7. |
Provisions in accordance with § 19 (2) concerning the release of unused, commented network capacities. |
|||||||||
(4) The AB RZF network shall contain in particular:
| 1. |
the rights and obligations of the contracting parties, in particular in order to comply with the other market rules; |
|||||||||
| 2. |
the procedure and the modalities for requests for access to the network; |
|||||||||
| 3. |
the technical minimum requirements for network access; |
|||||||||
| 4. |
the allocation process relating to the allocation of network capacities; |
|||||||||
| 5. |
the definition of the data to be exchanged between the contracting parties, in particular network data, as well as information on changes in the supply of goods; |
|||||||||
| 6. |
the obligation on the network operators to determine the condition of the gas at the feed points; |
|||||||||
| 7. |
the way in which technical raids and incidents are reported and how they can be remedied; |
|||||||||
| 8. |
the remuneration to be paid by the transmission undertakings in accordance with Article 12f; |
|||||||||
| 9. |
Rules on payment and accounting; |
|||||||||
| 10. |
Provisions in accordance with § 19 (2) on the release of unused network capacities. " |
|||||||||
25. The following sentence shall be added to § 13:
"The authorisation shall, if necessary, be granted subject to conditions, conditions or fixed-term conditions."
26. In § 14 (1) Z 1 the final part reads as follows:
| ', and be able to perform the function of the transport of natural gas through a high-pressure transmission system and the responsibility for the operation, maintenance and, if necessary, the development of the network.' |
||||||||||
27. In § 15 (6), after the word "Operations Manager" the phrase "from the company of the network operator" inserted.
Section 17 (1) reads as follows:
" (1) The network operator whose network is connected to the customer system for access to the network shall be obliged to grant network access (§ 41) access to the network to the general terms and conditions and to the legally determined prices. In so far as the network access request also relates to the natural gas lines upstream of the respective distribution network, the network operator must also immediately forward the network access request to the control zone leader for further reason. Network access requests for other transports, insofar as not covered by § 31e, are to be provided with the rule zone guide, which has to pass it on to the affected network operators. The control zone guide shall arrange for the transport of natural gas pipelines located upstream of the respective distribution system, which are operated by third natural gas undertakings, or which are owned by them. For this purpose, the affected natural gas companies have to conclude civil-law contracts (Section 24 (1) (8), Section 31a (2) (2) (6)) for the benefit of the authorised access to the network. The line capacity previously used for the customer in the line network is also available to the customer in the event of a supplier change. "
29. In § 19 (1), the point at the end of Z 6 is replaced by a stroke point and the following Z 7 is added:
| " 7. |
if a temporary derogation has been granted within the meaning of Section 20a of the GWG. " |
|||||||||
30. § 19 (2) reads:
" (2) In the event of a lack of network capacities or a lack of network interconnection, access to the network, subject to the timely notification of the line capacities being used (§ 26 para. 3 Z 10), is subject to compliance with the principles of the following principles: to:
| 1. |
transports on the basis of existing contractual obligations or in their place, provided that they are in accordance with the competition rules; |
|||||||||
| 2. |
Applications for the use of additional capacity shall be taken into account in time, with priority being given in the regulation zone to transport for the purpose of retail supply over other transport; |
|||||||||
| 3. |
Transports for the supply of customers who have to fulfil public service obligations. |
|||||||||
| Suppliers and natural gas dealers have the power to supply them on the basis of network access applications and/or Requests for capacity expansion or Supply changes at the input or exit points of the control zone or adapt them to their actual capacity needs due to their reference portfolio at the feed or withdrawal points in or out of storage facilities in their capacity, and in the event of a bottleneck in the context of the allocated capacity minimum requirements for the supply of the control zone necessary for the supply of the final customer, provided that the supplier is not caused by force majeure or other events which cannot be foreseen or influenced by the supplier, such as maintenance and maintenance. Maintenance work in upstream networks is prevented from this Obligation to comply. Unused itted transport capacity must be made available to third parties. If the line capacity is not registered or is not registered in due time, there is a right to access to the network only in accordance with the free line capacities. " |
||||||||||
31. According to Article 19a (2), the following paragraph 2a is inserted:
" (2a) In the event of refusal of access to the network in accordance with Section 19 (1) Z 2 for transports in the control zone, the network access entitled has the opportunity to submit an application for capacity expansion. The capacity requirements on which this application is based shall be taken into account in the preparation of the long-term planning according to § 12e of the rule zone guide. The application shall be accepted in accordance with the following principles:
| 1. |
the long-term planning, which contains the necessary implementation measures to satisfy the capacity requirements underlying the application for capacity expansion, has been approved by the Energy Control Commission; |
|||||||||
| 2. |
any contracts necessary for the transmission and distribution undertakings concerned have been concluded with the control zone leader in respect of the implementation of the measures provided for in the long-term planning; |
|||||||||
| 3. |
the performance of the application for capacity expansion can take place under any conditions. " |
|||||||||
32. In accordance with § 19a, the following § 19b and title shall be inserted:
" Publication of information
§ 19b. Transmission companies and owners of transport rights shall publish the information on the Internet as a result of their obligation pursuant to Section 31g. "
33. In § 20 (9) the word "four" by the word "eight" as well as the phrase "Procedure I of Article 2 of Decision 87 /373/EEC" through the phrase "procedures of Articles 3 and 7 of Decision 1999 /468/EC" replaced.
34. In accordance with § 20, the following § 20a and title shall be inserted;
" New infrastructures
§ 20a. (1) The Energy Control Commission may, upon request, declare that the provisions of Sections 17, 23 to 23d, 31e to 31h, 39 and 39a shall apply to a larger new infrastructure within the meaning of § 6 Z 39 (cross-border transmission and transmission lines). Storage facilities) or parts thereof for a given period of time are not applicable. In any event, the application shall contain the following documents:
| 1. |
the extent of the restriction of the right to net or storage access as well as its probable duration and the rules applicable in place of the statutory provisions referred to above; |
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| 2. |
the circle of customers affected by this measure and the extent of the restriction of their rights in accordance with § § 17, 23 to 23d, 39 and 39a, which may be differentiated according to customer categories, as well as |
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| 3. |
appropriate evidence to provide credible evidence of the existence of the following conditions: |
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| a) |
by investing in the pipeline or storage facility concerned, competition in the supply of gas and security of supply will be improved; |
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| b) |
the risk associated with the investment is so high that the investment in the transmission or storage facility would not be made without exception in accordance with paragraph 1; |
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| c) |
the infrastructure is the property of a natural or legal person, at least in the legal form, separated from the network operators in whose networks the infrastructure is created; |
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| d) |
the users of this transmission line or storage facility shall include system usage charges or storage charges; |
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| e) |
the exception referred to in paragraph 1 shall not adversely affect competition or the effective functioning of the internal market in natural gas, or the effective functioning of the provisions set out in Articles 17, 23 to 23d, 39 and 39a for the transmission to the transmission line; or storage system connected distribution and transmission lines and storage facilities; |
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| f) |
in the context of the larger new infrastructure, long-term contracts are in line with the competition rules. |
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(2) (1) shall also apply to any increase in capacity in the case of existing pipelines or storage facilities and to changes in such installations which enable the development of new sources of gas supply.
(3) The opposition of an exception referred to in paragraph 1 may be based on a new transmission line or storage facility, a considerably enlarged existing transmission line or storage facility, or the modification of an existing transmission line or storage facility in its Extend all or part of it.
(4) The request shall be amended at the request of the Energy Control Commission, insofar as this is necessary for the fulfilment of the provisions and objectives of this Act.
(5) The Energy Control Commission may adopt a communication pursuant to paragraph 1, subject to conditions or conditions, in so far as this is necessary for the fulfilment of the provisions and objectives of this Act.
(6) In the decision referred to in paragraph 1, the Energy Control Commission shall, in particular, the duration of long-term contracts relating to the larger new infrastructure, the new capacity to be created, or the change in the to take into account the existing capacity and the time limit of the project.
(7) In the case of a derogation from paragraph 1 above, rules and mechanisms for capacity management and capacity allocation may be established, subject to the following minimum criteria:
| 1. |
in the invitation to tender, the overall technical capacity to be awarded, the number and size of the shares (lots) and the allocation procedure should be announced in the event of a surplus of demand; |
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| 2. |
both fixed and interruptible transport and storage rights are to be offered on a yearly and monthly basis; |
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| 3. |
the invitation to tender shall be published in the Official Journal of the Wiener Zeitung and in the Official Journal of the European Communities at the expense of the applicant; |
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| 4. |
the award procedure has to be carried out in a fair and non-discriminatory manner; |
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| 5. |
in the event of lots not being issued in accordance with the invitation to tender, the allocation of the capacity shall be repeated in a market-conformant manner. |
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(8) The information referred to in paragraph 1 shall be published by the Energy Control Commission on the Internet.
(9) In the case of a cross-border transmission, the competent authorities in the other Member States concerned shall be consulted before the competent authorities have been given a decision in accordance with paragraph 1 of this Article.
(10) The Energy Control Commission shall forward to the Commission of the European Union the exceptional decision referred to in paragraph 1, together with all relevant accompanying information, without delay. The accompanying information shall in particular include:
| 1. |
a detailed justification of the derogation granted, including financial information, which justifies the need for the exception; |
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| 2. |
an investigation into the effects of the granting of the exemption on competition and the effective functioning of the internal gas market; |
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| 3. |
a justification of the period of validity of the derogation and of the share of the total capacity of the natural gas infrastructure for which the exemption is granted; |
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| 4. |
the outcome of the consultation of the regulatory authorities concerned, in the case of exemptions relating to a connecting line; |
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| 5. |
an indication of the contribution of infrastructure to the diversification of gas supply. |
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(11) The European Commission shall, within two months of the date of receipt of the notification, require an amendment or annulment of the decision on the approval of an exemption, the Energy Control Commission may request the communication pursuant to Section 68 (6) of the AVG Fix or modify. The two-month period shall be extended for a further month if the Commission requests additional information from the European Union. Where the European Commission adopts a final decision in accordance with procedure I of Articles 3 and 7 of Decision 1999 /468/EC, the Energy Control Commission shall, in accordance with the conditions laid down in this Decision, have the decision adopted pursuant to paragraph 1 above in accordance with Article 68 (6) of the AVG "To fix or modify."
35. § 21 together with the headline is:
" Dispute-settlement procedure
§ 21. (1) In disputes between network operators and network operators on the legality of the refusal of the access to the network, it decides-if not the competence of the antitrust court (Section 43 of the Cartel Act 1988, BGBl. No 600)-the Energy Control Commission.
(2) In all other disputes between network operators and network operators on the obligations arising out of this relationship, in particular the conditions to be applied and system usage rates, the courts shall decide. A lawsuit by a network access authorized person can only be brought in within the time limit provided for in Section 16 (3a) of the E-RBG after the notification of the decision of the Energy Control Commission in the dispute settlement procedure pursuant to Section 16 (1) Z 20 E-RBG.
(3) Without prejudice to the provision of paragraph 2, a claim may not be brought before the regulatory authority's decision on the legality of the refusal of the access to the network for claims based on refusal of access to the network , if such a decision constitutes a preliminary question for the judicial procedure, it shall be interrupted until the legal force of the decision of the regulatory authority. "
35a. § 23b (3) reads as follows:
The list of transmission systems and natural gas undertakings contained in Annexes 2 and 3 shall be replaced by Regulation of the Energy Control Commission, which is to be published in the Federal Law Gazan, after the approval of the transmission system by the Federal Minister for Economic Affairs and Labour, according to § 47, to change the situation according to the actual conditions. "
36. § 24 (1) Z 1 reads:
| " 1. |
to operate, maintain and develop the facilities they operate in accordance with the rules of technology, and to ensure that all necessary ancillary services are available; " |
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37. In § 24 (1) (14), the point shall be replaced by a stroke point and the following Z 15 to 18 shall be added:
| " 15. |
to participate in the preparation of long-term planning by the rule zone guide; |
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| 16. |
comply with the standards set out in the General Distribution System Conditions (Article 26 (3)) with regard to the safety, reliability and quality of the services provided to network users and other market participants; and |
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| 17. |
to transmit the data required to verify compliance with the standards set out in the General Distribution System Conditions (Z 16) to the Energie-Control GmbH and to publish the results of the review in this regard; |
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| 18. |
to transmit to the control zone guide, at the same time, data on the respective current pressure situation as well as the flow of quantities of essential input and exit points of the control zone in electronic form. " |
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37a. § 26 (1) reads:
" (1) The General Distribution Network Conditions and their amendments shall require the approval of the Energy Control Commission. This authorisation shall be granted subject to conditions or for a limited period to the extent necessary for the fulfilment of the provisions of this Act. The duration shall not be less than a period of three years. Distribution companies shall be obliged to amend or re-create the General Distribution System Conditions submitted for approval at the request of the Energy Control Commission. "
38. § 26 (3) reads:
" (3) The general distribution network conditions shall include in particular:
| 1. |
the rights and obligations of the contracting parties, in particular in order to comply with the other market rules; |
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| 2. |
the technical minimum requirements for network access; |
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| 3. |
the quality requirements applicable to the feed-in and transport of natural gas and biogenic gases; |
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| 4. |
the possible feed-in points for natural gas and biogenic gases; |
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| 5. |
the procedure and the modalities for requests for access to the network; |
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| 6. |
the procedure and modalities for the exchange of the supplier or group of balance sheets (§ 42e); |
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| 7. |
the data to be supplied by network users; |
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| 8. |
the obligation of network access authorised to reserve line capacity, subject to reasonable deadlines, and the obligation on balance-sheet groups to register timetables; |
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| 9. |
a period of not more than 14 days from the date on which the distribution undertaking has to respond to the access to the network; |
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| 10. |
the basic principles for the settlement; |
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| 11. |
the duration of the contract, the conditions for the renewal and termination of benefits and the contractual relationship; |
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| 12. |
any compensation and refund schemes in the event of non-compliance with the contractually agreed performance quality and an indication of the dispute settlement procedure provided for by law; |
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| 13. |
the nature and form of accounting; |
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| 14. |
the way in which technical raids and incidents are reported and how they can be remedied; |
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| 15. |
the obligation of net access authorized persons for advance payment or security (cash security, bank guarantee, deposit of non-vinkulated savings books) at an appropriate level, to the extent that the circumstances of the individual case are to be expected, that the network user does not comply with his payment obligations or does not comply with the time. |
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| In the general distribution network conditions, standards and regulations of the technology (rules of technology) can also be declared binding in their respectively valid versions. Whereas, in order to achieve a competitive market, conditions and conditions relating to the safety, reliability and quality of the network services, such as those relating to the reliability of the system, may, in particular, also be subject to the Network operations, time limits for the production of connections to the network and the taking of repairs or repairs, respectively the announcement of supply disruptions will be imposed. In so far as this is necessary to achieve a competitive market, the operators of distribution systems shall, at the request of the Energy Control Commission, make changes to the General Conditions. Without prejudice to the provision of § 42e, the Energy Control Commission may also require that the time limit within which a customer request the counting point designation to him or an authorised representative in a common data format in electronic form to be made available or to have a change of supplier to which the General Terms and Conditions shall be incorporated. " |
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39. In § 28 (2), first sentence, the word "or" by the word "and" replaced.
40. In § 28 (6), second sentence, after the word "Lastprofiles" the phrase " or the installation of the one-hour load profile counter " inserted.
41. § 29 reads:
" § 29. (1) The distribution companies are obliged to provide an indication of the general distribution network conditions applicable to the use of their installations in the Official Journal of the Wiener Zeitung and of the complete general distribution network conditions on the Internet to make known.
(2) The general distribution network conditions shall be followed by network users on request. "
42. According to § 29, the following § 29a and heading is inserted:
" Publication of measurement prices
§ 29a. Distribution companies have to publish the current fee for measurement services (§ 23 paragraph 1 Z 2) on the Internet. "
43. Paragraph 31 (2) is deleted, the previous paragraph 3 shall be replaced by the name "(2)" .
44. In § 31a (1) (1) (1), the phrase shall be "the state of the art" through the phrase "the rules of technology" replaced.
Section 31a (2) reads as follows:
" (2) transmission undertakings shall be obliged to:
| 1. |
to provide sufficient information to the operator of management or storage facilities connected to their own facilities in order to ensure the safe and efficient operation, the coordinated development and interoperability of the networks to ensure and conclude agreements with the operator of the linked installation on the transfer and transfer arrangements; |
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| 2. |
to refrain from any discrimination against network users or the categories of system users, in particular for the benefit of their affiliates; |
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| 3. |
to carry out measurements on the network area boundary and exchange of data; |
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| 4. |
to be informed at any time of the network utilization, in particular as regards rivers and pressure, and to make the corresponding communication to the control zone guide; |
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| 5. |
to operate the equipment on the basis of environmental protection requirements, safety reports with systematic risk analysis, and plans for measures to prevent accidents, to limit or eliminate incidents of accidents (planning of measures) and inform the public authorities and the public concerned in the event of serious accidents and accidents; |
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| 6. |
To immediately deal with network access requests and to allocate the management capacities in accordance with section 19 (2) in accordance with Austrian and Community law provisions for the promotion of competition; |
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| 7. |
for the implementation of cross-border transport for the supply of customers in another Member State of the European Union or EEA Contracting State in accordance with the transport contract concluded with the holder of the transport rights; |
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| 8. |
to conclude contracts with the rule zone guide, which gives access to the network access authorized persons a direct right of access to the upstream natural gas pipelines (Article 17 (1)); |
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| 9. |
to take out liability insurance in respect of an insurer entitled to operate this insurance branch in Austria or another EU Member State or the EEA State Party, in respect of which the insurance sum per insurance case applies to: Personal and property damage is at least 20 million euros, whereby the sum insured can be limited to the amount of 40 million euros per year and this can be proved by the Energie-Control GmbH; |
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| 10. |
follow the instructions of the control zone guide in the management of networks to meet the requirements of network access authorised access to network access, in particular with regard to the handling of the timetables; |
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| 11. |
conclude contracts for the exchange of data with other network operators, the control zone guide, the accounting group responsible and the balance sheet group coordinator and other market participants, in accordance with market rules; |
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| 12. |
Participate in the preparation of long-term planning together with the rule zone guide (§ 12e); |
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| 13. |
to provide information on supplier change in accordance with the market rules, in order to ensure that the rule zone leader can fulfil its obligations; |
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| 14. |
comply with the safety, reliability and quality standards laid down in the General Conditions of Cross-border Transport (§ 31g); and |
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| 15. |
to transmit the data required for verification of compliance with the standards in accordance with Z 15 to the Energie-Control GmbH and to publish the results of the inspection in this regard; |
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| 16. |
to transmit to the control zone guide, at the same time, data relating to the current input and output capacity at the input and exit points of the control zone in electronic form; |
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| 17. |
to carry out needs-based capacity extensions according to the approved long-term planning of the rule zone guide (§ 12e) itself. If the transmission company does not comply with this obligation, the capacity expansion required after the long-term planning is to be issued by the control zone guide. The participation of the rule zone guide in the call for tenders is excluded. |
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(3) The network access authorization pursuant to section 2 Z 9 shall be determined in accordance with § 41.
(4) If a transmission company does not comply with its obligations pursuant to section 2 (9), it shall have the control zone guide, which is obligated to indebted damages in the case of a performance of damages in accordance with Section 19 (6).
(5) The provisions of Section 2 (2) (7) and (18) and (4) shall apply to owners of transport rights in accordance with the appropriate application. "
§ 31b Last sentence reads:
" In the case of the intended cessation of the operation of a pipeline, this is also the case of the Federal Minister for Economic Affairs and Labour and the Energy Control Commission three months before the envisaged setting in accordance with the respective To preview and publish the facts in advance on the Internet. "
47. § 31d is deleted.
48. The previous § § 31e up to 31h shall be given the name "31f" to "31i" , the following § 31e and heading shall be inserted:
" The granting and organisation of access to the network
§ 31e. (1) Transmission companies and transport rights holders on transmission lines shall have access to network access authorized access to the general conditions authorized in accordance with § 31g and on the basis of the methods approved in accordance with § 31h Network use charges shall be granted.
(2) Need for network access within the geographical area of the control zone East of a contract with more than one transmission company or owner of the transport rights is to submit the network access request to OMV Gas GmbH. OMV Gas GmbH is committed to the entire coveted transport route,
| 1. |
to respond to requests for access to the network within 14 days; |
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| 2. |
to calculate and present the free management capacity; |
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| 3. |
to calculate the network usage fee; |
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| 4. |
transmit the required contract documents on the basis of the approved General Terms and Conditions (§ 31g); |
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| 5. |
to publish the unutilised commented management capacity referred to in paragraph 7 on the Internet. |
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| Where access to the network is to be agreed only with a transmission company or a holder of the transport rights, the undertaking to be granted access to the network shall comply with the obligations of Z 1 to 5 in accordance with the same requirements. |
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(3) OMV Gas GmbH may require an appropriate fee for the services provided with the performance of the tasks referred to in paragraph 2. This fee shall be based on the expenses incurred in the performance of the tasks referred to in paragraph 2, including a reasonable profit surcharge. The price approaches corresponding to the services are to be determined in a cost-oriented way. The amount of the pay is to be published on the Internet.
(4) The transmission companies and the owners of the transport rights are obliged to provide OMV Gas GmbH within seven days of the request, all the information required for the obligations referred to in paragraph 2 (1) (1) to (5).
(5) In order to carry out any other transport of natural gas from production or storage facilities to an exit point from the east control zone, the control zone leader of the control zone Ost shall have the necessary for the performance of the task referred to in paragraph 2 Z 2. To provide data.
(6) The transmission undertakings and the holders of the transport rights shall draw up a uniform calculation scheme for available management capacity at the points of entry and exit for cross-border transport in the transmission system. The uniform calculation scheme for available management capacities drawn up by the rule zone guide (Section 12 (1) (1) (17)) shall be used in the version approved in each case.
(7) The network user shall offer the non-used transport capacity he has not used via the central trading platform (§ 31e paragraph 2 Z 5) to third parties. If the network user does not comply with this obligation, the unused transport capacity shall be provided by the transmission undertakings, or to make the transport rights available to third parties, unless this would be in breach of the requirements of existing transport contracts. "
49. § 31g together with headline reads:
" General conditions for cross-border transport
§ 31g. (1) transmission undertakings or Holders of transport rights shall publish on their homepage in German and English the conditions applicable to cross-border transports to a destination country on their homepage and shall be known to any interested party at the request of . The General Terms and Conditions for Cross-border Transport and its amendments require the approval of the Energy Control Commission. This authorisation shall be granted subject to conditions or for a limited period to the extent necessary for the fulfilment of the provisions of this Act. Transmission undertakings or Owners of transport rights are obliged to amend or re-create the General Conditions for Cross-border Transport as submitted for approval at the request of the Energy Control Commission.
(2) The General Conditions for the Implementation of Transboundary Transport may not be discriminatory and shall not contain abusive practices or unjustified restrictions and shall not be subject to security of supply or to the the quality of services. In particular, they shall be designed to:
| 1. |
the fulfilment of the obligations of the transmission undertaking or Holders of transport rights are guaranteed to carry out their duties; |
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| 2. |
the services of the network users are in a factual context with the services of the transmission company and the holder of the transport rights; |
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| 3. |
the mutual obligations are allocated in a balanced and responsible manner; |
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| 4. |
contain provisions on technical requirements for connection to the network at the network connection point and for all arrangements to prevent disruptive effects on the network of the transmission undertaking or other installations; |
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| 5. |
they contain rules on the allocation of costs, which are based on cost causation; |
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| 6. |
they are clearly and clearly defined; |
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| 7. |
they contain definitions of the terms which are not generally understood, and |
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| 8. |
they are not in conflict with existing legislation. |
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(3) The general conditions for cross-border transport shall include in particular:
| 1. |
the rights and obligations of the contracting parties; |
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| 2. |
the technical minimum requirements for network access; |
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| 3. |
the quality requirements applicable to the supply and transport of natural gas; |
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| 4. |
the possible feed-in points for natural gas; |
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| 5. |
the various types of transmission undertakings, Holders of transport rights in the context of access to the network to provide services and quality levels offered; |
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| 6. |
the procedure and the modalities for requests for access to the network; |
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| 7. |
provisions on the criteria and the manner in which disused network capacities need to be made available to third parties; |
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| 8. |
the data to be supplied by network users; |
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| 9. |
the obligation of network users to use network capacity against payment, subject to appropriate deadlines; |
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| 10. |
a period of not more than 10 days from the date on which the transmission undertaking or the holder of the transport rights also in cooperation with other transmission undertakings or owners of transport rights have to answer the need for network access; |
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| 11. |
the duration of the contract, the conditions for the renewal and termination of benefits and the contractual relationship; |
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| 12. |
any compensation and refund schemes in the event of non-compliance with the contractually agreed performance quality and an indication of the dispute settlement procedure provided for by law; |
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| 13. |
the basic principles for the settlement; |
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| 14. |
the nature and form of financial reporting; and |
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| 15. |
the way in which technical raids and incidents are reported and how they can be remedied. |
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| In the general conditions for cross-border transports, standards and regulations of the technology (rules of technology) can also be declared binding in their respectively valid version. |
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(4) The rules laid down in the General Conditions of Cross-border Transport pursuant to paragraph 2 (2) (4) of this Article shall be subject to an information procedure prior to their approval by the European Commission in accordance with Article 8 of Directive 98 /34/EC the field of technical standards and regulations, OJ L 327, 31.12.2002 No. OJ L 204, 21.07.1998 p. 37, as amended by Directive 98 /48/EC, OJ L 201, 31.7.1998, p. No. OJ L 217, 05.08.1998 p. 18. This shall not apply to the extent to which this requirement has already been complied with. '
§ 31h together with headline reads:
" Remuneration for cross-border transport
§ 31h. (1) transmission undertakings or Holders of transport rights are obliged to provide network users with access to the network on the basis of network use charges, which are based on the principle of non-discrimination and cost-orientation when carrying out cross-border transport. . The methods to be approved in accordance with Section 31h (2) for the calculation of these network usage charges relate to:
| 1. |
the cost base, consisting of the full cost of operation, fuel gas, linepack management, maintenance, expansion, management and marketing. The capital yield to be provided shall be proportionate to the international comparison and the long-term capital structure of the transmission company or the holder of the transport rights, and shall take appropriate risk into account; |
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| 2. |
to the other provisions. Thus, the rate formation on the basis of power-dependent and distance-dependent elements on the one hand and on the other hand on the basis of power-dependent and distance-dependent elements must be carried out. The rate calculation shall be based on capacity utilisation at the time of calculation. A summary of individual line installations for the calculation of the network usage fees is permitted. |
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| The methods according to § 31h (2) may also provide that network usage fees are determined in parts or in individual cases also by means of market-oriented procedures such as auctions. The methods must facilitate efficient gas trading and competition, and avoid cross-subsidies between network users. At the same time, they must provide incentives for investment and for the maintenance or production of the interoperability of networks. The methods must also be designed in such a way that the necessary investments in the networks can be carried out in such a way as to ensure the viability of the networks. |
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(2) The methods used for the calculation of network use charges shall be those of the transmission undertakings or of the transmission undertakings, before the charges for the use of the network use charges in accordance with paragraph 1 above apply. to submit to the holders of the transport rights of the Energy Control Commission for approval and to amend them or re-create them at the request of the latter. The authorisation shall, in any event, be informed if the requirements of paragraph 1 are met and the transit charges resulting from these methods are not significantly higher than the average of transit fees published by the Authority. be presented at the same time as the method to be approved, for comparable transport services on comparable management systems in the European Union. The approved methods are available on the Internet on the home page of the transmission company or to the holder of the transport rights.
(3) Any person who uses or intends to use a network and has a complaint regarding the points referred to in paragraphs 1 and 2 may seek a dispute settlement procedure in accordance with Section 21 (2) of the GWG.
(4) Changes in network usage charges are to be reported prior to their entry into force of the Energy Control Commission. At the request of the Energy Control Commission, compliance with the methods referred to in paragraphs 1 and 2 and described in paragraphs 1 and 2 shall be proven in the calculation of the network usage fees. The Energy Control Commission has to ask the transmission company, under the appropriate application of § 10 (2) and (3) E-RBG, to calculate the network usage charges in accordance with the methods.
(5) In order to carry out any other transport of natural gas from production or storage facilities to an exit point from the control zone, the Energy Control Commission, at the request of a network user, has a system usage charge for the To determine the use of the entire line path in the control zone. § § 23 et seq. are to be applied in a reasonable way. "
50a. § 33d para. 3 reads:
" (3) This authorisation shall be granted, subject to conditions or limits where appropriate, if the general conditions are in accordance with the economic interest in a functioning natural gas market and if the general conditions are fulfilled by the circumscribed in § 33b Tasks are suitable. The time limit shall not be less than three years. "
51. § 33e para. 1 first sentence reads:
"For the services provided with the performance of the tasks of a balance sheet group coordinator, Energie-Control GmbH has to determine a fee by means of a regulation in accordance with the terms of the tariff."
52. § 39a (1) and (2) are:
" (1) Storage undertakings shall be obliged to agree on storage charges entitled to access to storage, which shall comply with the principle of equal treatment. The principles underlying the determination of the remuneration for storage are to be published once a year and after each amendment. The proven technical and geological risks are to be taken into account in an appropriate manner, as is the case of opportunity costs.
(2) The storage usage charges published by a storage company for a storage service requested by customers more than 20% higher than the average of published charges for comparable services in the Member States In order to ensure the comparability of storage usage charges, the Energy Control Commission, in any event, has to determine, by means of a Regulation, the cost of the price estimates of the storage companies referred to in paragraph 1 of this Article. are laid. The principles of cost causation and cost orientation are to be assumed. "
53. § 39a (3) first sentence reads:
"The Energy Control Commission shall, at the request of the applicant for storage, determine whether the conditions on which the storage use contract is based are in accordance with the principle of equal treatment."
54. In § 39b, the sales designation shall be deleted "(1)" .
55. According to § 39b, the following § § 39c and 39d together with headline are inserted:
" General Terms and Conditions for Storage Access
§ 39c. (1) The general conditions for access to storage must not be discriminatory and do not contain abusive practices or unjustified restrictions and do not jeopardise security of supply or service quality. In particular, they shall be designed to:
| 1. |
the performance of the tasks assigned to the storage undertaking is ensured; |
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| 2. |
the performance of the storage rights persons with the performance of the storage company in a factual context; |
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| 3. |
the mutual obligations are allocated in a balanced and responsible manner; |
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| 4. |
contain provisions relating to technical requirements for storage and storage; |
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| 5. |
they contain rules on the allocation of storage usage charges; |
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| 6. |
they are clearly and clearly defined; |
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| 7. |
they contain definitions of the terms which are not generally understood; |
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| 8. |
they are not in conflict with existing legislation. |
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(2) The general conditions for access to storage shall include in particular:
| 1. |
the rights and obligations of the contracting parties, in particular in order to comply with the other market rules applicable to access to storage; |
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| 2. |
the technical minimum requirements for access to storage; |
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| 3. |
Regulations for measuring the data transferred to the storage company or the quantity of natural gas supplied; |
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| 4. |
Arrangements concerning the location of the acquisition or Transfer of natural gas; |
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| 5. |
the quality requirements which apply to the storage and storage of natural gas; |
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| 6. |
the various services to be made available by the storage undertakings in the context of the access to storage; |
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| 7. |
the procedure and the modalities for access to storage; |
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| 8. |
the data to be supplied by the storage access rights; |
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| 9. |
the arrangements for the storage of storage; |
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| 10. |
a period of not more than 14 days from the date on which the storage undertaking has to respond to the access to storage; |
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| 11. |
the basic principles for the settlement; |
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| 12. |
the nature and form of accounting and payment; |
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| 13. |
the way in which technical raids and incidents are reported and how they can be remedied; |
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| 14. |
the obligation of storage eligible for advance payment or security (cash security, bank guarantee, deposit of non-vinkulated savings books) at an appropriate level, to the extent that the circumstances of the individual case are to be expected, that the person entitled to storage does not meet his or her payment obligations or does not comply with time. |
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Obligations of storage companies
§ 39d. Storage companies are required to:
| 1. |
without prejudice to the information, notification and disclosure requirements laid down in this Federal Act, and the obligations laid down in accordance with Article 8, to grant access to the business records, commercially sensitive information of which they become aware of in the performance of their business, to treat confidentially and to prevent information on their own activities which may bring economic benefits from being disclosed in a discriminatory manner , |
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| 2. |
the general conditions applicable to the use of its installations once a year, or to publish after each change; |
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| 3. |
publish regular information on the available input and storage capacity as well as the available volume on the Internet; |
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| 4. |
provided that data from the downstream network operator are not supplied to the control zone guide in any case, the downstream network operator shall at the same time provide it with data on the respective current pressure situation and volume flow rate at the same time as the control zone operator. transfer points of transfer to storage facilities in the control zone in electronic form; |
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| 5. |
to be involved in the long-term planning of the control zone guide. " |
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56. In the title of 5. Part 1. The main item, in the headline for § 40 and in § 40 (2), shall be the word "Gas dealer" the phrase "and caretaker" .
57. In § 40, the previous paragraph 3 shall be deleted; the following paragraphs 3 to 9 shall be added:
" (3) For customers whose consumption is not measured by a load profile counter, the natural gas traders and suppliers have to compile general terms and conditions (terms of delivery) for the supply of natural gas, in which the services offered are shall be described. These terms and conditions of delivery as well as any change in these terms of delivery shall be notified to the Energy Control Commission in electronic form before the service is received and shall be made available in a suitable form.
(4) Changes to the Terms and Conditions and the contractually agreed fees are only in accordance with the general civil code and the Consumer Protection Act, BGBl. No 140/1979. Such changes shall be communicated to the customer in writing. If the contractual relationship is terminated in the event that the customer opposes the changes to the terms and conditions or the charges, the contractual relationship shall end with the last month following a period of 3 months following the deadline.
(5) The delivery conditions referred to in paragraph 3 shall contain at least:
| 1. |
the name and address of the natural gas dealer; Suppliers, |
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| 2. |
the services provided and the quality levels offered, as well as the expected date for the commencement of supply; |
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| 3. |
the manner in which up-to-date information on the applicable contractual fees is made available to the customer; |
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| 4. |
information on the duration of the contract, the conditions for the renewal and termination of the services and the contractual relationship, the existence of a right of withdrawal; |
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| 5. |
any compensation and refund schemes in the event of non-compliance with the contractually agreed performance quality and |
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| 6. |
an indication of the possibilities of appeal available. |
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(6) The Energy Control Commission may prohibit the application of the terms of delivery indicated in paragraphs 1 and 2 within two months in so far as they are contrary to a statutory prohibition or to the good morals. The responsibilities for the review of General Terms and Conditions under other legislation remain unaffected.
(7) The provisions of paragraphs 3 to 6 shall be without prejudice to the provisions of the KSchG and the ABGB.
(8) Gas dealers and suppliers shall supply the Energy Control Commission with the terms and conditions of delivery and any modification thereof in an electronic form specified by this Regulation.
(9) Natural gas traders and suppliers have to participate in the long-term planning of the control zone guide. "
58. In accordance with § 40, the following § 40a and title shall be inserted:
" Minimum requirements for invoices and information and promotional material
§ 40a. (1) Information and promotional material, as well as invoices, which are directed towards the end user shall be made transparent and friendly to consumers. To the extent that the system usage fee and the price of natural gas (energy price) are jointly informed, jointly advertised or the conclusion of a common contract is offered, or where such a contract is to be settled, the components of the System use charges, taxes and charges as well as the price of energy should be clearly separated in a transparent manner. In any case, the indication of the energy price must be made in Cent/kWh and under the guidance of an all-due basic price.
(2) Without prejudice to the provisions of section 23 (6), the following information shall be provided on invoices relating to the use of the system by network operators, suppliers, natural gas dealers and suppliers, without prejudice to the provisions of section 23 (6):
| 1. |
The allocation of the customer assets to the network levels according to § 23b (1); |
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| 2. |
in the case of performance customers, the agreed or the extent of the use of the network in kilowatt hours per hour (kWh/h); |
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| 3. |
the counting point designations; |
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| 4. |
the meter readings that have been used for the settlement; |
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| 5. |
Information about the type of meter reading. It must be stated whether a reading of the meter by the network operator, a self-reading by the customer or a computational determination of meter readings has been carried out; and |
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| 6. |
the amount of energy transported in the billing period per tariff period. " |
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59. In § 42a para. 2, the point at the end of Z 7 is replaced by a stroke point and the following Z 8 is added:
| " 8. |
manage the capacities allocated to the points of entry and exit of the control zone for the benefit of its immediate members of the balance group, and requests for access to the network or requests for the capacity expansion of its members of the balance sheet to the Rule zone guides. " |
|||||||||
59a. § 42b (1) reads as follows:
" (1) The General Terms and Conditions for Accounting Group Managers and their amendments require the approval of Energie-Control GmbH. The authorisation shall be granted subject to conditions or for a limited period if it is necessary to comply with the provisions of this Act. The duration shall not be less than a period of three years. Accounting group responsible persons are obliged to change or re-create the General Terms and Conditions submitted for approval at the request of Energie-Control GmbH. "
60. The following sentence shall be added to § 42e:
" In any case, distribution system operators may also be obliged, within a specified period of time, at the request of a customer, to make available in electronic form to him or to an authorised representative in a common data format. "
61. In the 5. Part will be after the 3. Main piece insert the following main piece together with headline:
" 3a. Main item
Producers
Data transmission to the rule zone guide
§ 42h. If data are not already transmitted from the downstream network operator to the control zone guide, the data relating to the network stability in the control zone are at the same time as the data relating to the downstream network operator. In each case, the current pressure situation as well as the flow of quantities of essential input and output points of the control zone in electronic form must be transmitted. "
62. § 43 together with the title is:
" Technical Minimum Requirements for Line Equipment
§ 43. In order to ensure the obligations imposed on the system operators (§ 6 Z 33), the rules of the technology (§ 6 Z 41) must be complied with in the establishment, manufacture and operation of natural gas pipeline systems. "
63. § 44 (2) reads:
" (2) From the permit requirement, natural gas pipeline systems with a maximum permissible operating pressure up to and including 0.6 MPa shall be excluded, provided that the holder of the line installation
| 1. |
Location and execution plans, technical descriptions of the management system, and records showing that the line installation is constructed and operated in accordance with the relevant rules of technology, and in which the relevant the rules of technology are described and their compliance is proven, or |
|||||||||
| 2. |
the complete certification documents according to ÖVGW PV 200 "Quality requirements for gas grid operators, requirements of tests for the certification of gas grid operators", available in the Austrian Association for the Gas and Water Compartment or According to other appropriate certification procedures (e.g. ÖNORM EN ISO 9001,, quality assurance systems-requirements (ISO 9001:2000) ") , all available at the Austrian Institute of Normenwesen, 1020 Vienna, Heinestraße 38, as well as |
|||||||||
| 3. |
a security concept in accordance with § § 24 (1) Z 3, 31a (2) (2) and § 67 (2) Z 12 as well as the proof of liability insurance in accordance with § 37 |
|||||||||
| on the basis of any inspection by the Authority, and no compulsory rights under Section 57 are used. Natural gas pipeline systems with a pressure range above 0.1 MPa shall be reported three months before the planned establishment of the Authority, following the documents referred to in Article 67 (2) (1), (2), (5), (12) and (13). The authority shall prohibit the execution of an application by a network operator within three months if the conditions set out in § 47 (3) are fulfilled. Section 48 (1) (4) shall apply mutatily. If the display is not enclosed in the documents in accordance with § 67 (2) (1), (5), (12) and (13), and if the documents are not submitted to the Authority in accordance with Section 13 of the AVG, the notification shall be rejected within a period of three months. " |
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64. § 57 (1) with title reads:
" Expropriation Requirements
§ 57. (1) An expropriation by the withdrawal or restriction of land ownership or rights shall be permissible if this is necessary for the construction of the remote or distribution management and is in the public interest. In any case, a public interest shall be available if the natural gas pipeline system is planned for long-term planning (§ 12e). In the case of natural gas pipeline systems which are not the subject of long-term planning, there is a public interest, in any case, if the establishment of this plant to achieve the objectives of this Federal Law, in particular the provisions of § § 3 and 12e circumscribed targets. For natural gas pipeline systems with a pressure range up to and including 0.6 MPa, private property can only be expropriated if public good is not available in the area concerned or if the use of public good is not available to the public. For economic reasons, natural gas companies cannot be expected to do so. "
65. § § 71 and 72 together with the headings are:
" General Criminal Provisions
§ 71. (1) If the action does not constitute a criminal offence within the jurisdiction of the courts or is punishable under other administrative criminal provisions with a more stringent penalty, an administrative surrender shall be carried out and shall be: Fines of up to € 14 600 to be punished, who
| 1. |
shall not comply with the obligations laid down in paragraph 7; |
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| 2. |
its obligation to provide information and to grant inspection in accordance with § 8 does not comply; |
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| 3. |
does not comply with its reporting obligations in accordance with § 10 or § 11; |
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| 4. |
does not comply with its obligation to provide information in accordance with § 11; |
|||||||||
| 4a. |
its obligations as a rule-zone leader pursuant to § 12b, § 12e and § 12h does not comply; |
|||||||||
| 5. |
it does not comply with its obligation to appoint a technical manager in accordance with Section 15 (1) or (6); |
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| 6. |
it does not comply with its obligation to display in accordance with § 15 (5) and (6), § 16 (2), § 40, § 50 (1) or § 50 (3); |
|||||||||
| 7. |
its obligations as |
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| a) |
Distribution system operators according to § § 24 and 28 (6), |
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| b) |
Transmission companies according to § § 31a and 31b, 31e, 31g and 31h, |
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| c) |
Holders of transport rights in accordance with § § 31e, 31g and 31h as well as |
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| does not comply; |
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| 7a. |
does not fulfil its obligations as a storage company in accordance with § § 39, 39a, 39c and 39d; |
|||||||||
| 8. |
its obligation as a natural gas dealer or supplier in accordance with § 40 (2) to (5) and (8) does not comply; |
|||||||||
| 8a. |
of its obligation to separate expulsion pursuant to § 40a; |
|||||||||
| 9. |
its obligation as a balance-sheet group responsible according to § 42a; |
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| 10. |
does not comply with the obligations laid down by the Federal Minister of Economics and Labour in accordance with Section 43; |
|||||||||
| 11. |
shall be contrary to the prohibition of discrimination in accordance with Section 18; |
|||||||||
| 12. |
the obligation under Section 23 (5) does not comply; |
|||||||||
| 13. |
does not comply with the provisions of a regulation of the Energy Control Commission pursuant to Article 20 (6); |
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| 14. |
does not comply with its publication obligations in accordance with § 19a, § 19b, § 22 (3) or § 29; |
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| 15. |
it does not comply with its general obligation pursuant to § 25; |
|||||||||
| 16. |
is not in accordance with the conditions laid down by a regulation of the Federal Minister of Economics and Labour in accordance with Section 44 (3); |
|||||||||
| 17. |
its obligation as a balance sheet group coordinator for the submission of general conditions under section 33d (1) does not comply; |
|||||||||
| 18. |
its obligation of self-monitoring in accordance with Section 51; |
|||||||||
| 19. |
does not comply with its obligations under Section 53 (4); |
|||||||||
| 20. |
the statistical surveys arranged pursuant to Article 59 (2) do not comply with the provisions of this Regulation; |
|||||||||
| 21. |
of its obligation to provide information in accordance with Section 63; or |
|||||||||
| 22. |
does not comply with the conditions laid down in this Federal Law, as well as the conditions, deadlines and conditions contained therein; |
|||||||||
| 23. |
does not comply with the terms and conditions laid down in Article 10a (2) and § 16a (1) of the E-RBG for the scope of this Federal Act, or the conditions, deadlines and conditions contained therein |
|||||||||
| 24. |
the provisions of Regulation (EC) No 1775/2005 on conditions for access to natural gas transmission networks, OJ L 327, 22.11.2005, p. No. OJ L 289, 3.11.2005, not corresponding. |
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(2) The period of limitation (§ 31 para. 2 VStG) is one year.
Consenseless operation
§ 72. (1) Who
| 1. |
the activities of a natural gas undertaking without authorisation pursuant to Article 13 (1) of this Regulation, or |
|||||||||
| 2. |
an authorisation-subject natural gas pipeline system, without authorisation, has been set up, a natural gas pipeline without authorisation has been extended or substantially altered, or an installation for which the permit has been reserved for the operation, without operating licence , |
|||||||||
| is punishable by a fine of up to 36 500 euros. |
||||||||||
(2) The period of limitation (§ 31 para. 2 VStG) is one year. "
66. § 76 (9) reads:
"(9) Security concepts within the meaning of § § 24 (1) (3) and 31a (2) (7) (7) shall be submitted to the Authority (Section 60 (1)) within a period of one year from the date of entry into force of this Federal Act."
67. In accordance with § 76a, the following § 76b with headline is inserted:
" Transitional provisions on GWG-Novelle 2006
§ 76b. (1) § 7 (3) and (4) in the version of the Federal Law BGBl. I No 106/2006 shall apply to financial years beginning after the entry into force of this Federal Law.
(2) § 14 (1) in the version of the Federal Law BGBl. I No 106/2006 applies to proceedings pending after the entry into force of this Federal Law. The Energy Control Commission has to apply to the procedures already pending before this date those provisions which are derived from the version of the GWG, as amended by the Federal Law BGBl. I n ° 148/2002, and the E-RBG.
(3) § 31i in the version of the Federal Law BGBl. I No 106/2006 does not apply to contracts concluded after 30 June 2004.
(4) Restructuring to be carried out in the context of unbundling by means of any type of restructuring shall be carried out by means of a full succession; this shall apply, in particular, to the transfers. The restructuring operations are exempted from all taxes, duties and fees regulated by the Federal Republic of Germany, which are linked to the establishment or transfer of assets. These exemptions also apply to legal relationships established on the occasion of the restructuring, in particular stock contracts, serviceability, and loan and credit agreements. The restructuring operations are considered to be non-taxable transactions within the meaning of the UStG 1994, BGBl. No. 663, as amended; the transferee directly enters into the legal position of the transferor in the area of turnover tax. In addition, the provisions of the German Restructuring Tax Act, BGBl, apply. N ° 699/1991, as amended, with the proviso that the Law on the Reformation Tax Act should be applied even if there is no partial operation within the meaning of the Reformation Tax Act.
(5) Where, in connection with the implementation of the unbundling, the ownership of the network concerned, including the auxiliary equipment, has been transferred to the network operator, contractual or official serviceability shall be carried out. and the rights of the network operator to the network operator for the safe operation and the management of the network, including the ancu-ties associated with the network, and the rights of the network operator to operate and to operate the network. If, for the purpose of carrying out the unbundling, other rights of use necessary to ensure the functioning of the network operator have been transferred to the network concerned, both the network owner and the other rights of use shall be The person entitled to use the rights of use shall be entitled to use the rights of use.
(6) (4) and (5) shall also apply to all unbundling content which has been implemented before the entry into force of those provisions. "
68. According to § 78a, the following § 78b with title is inserted:
" In-Force Tstep of the GWG-Novel 2006
§ 78b. (1) (constitutional provision) § 1 in the version of the Federal Law BGBl. I No 106/2006 will enter into force with the date of the presentation.
(2) § 12b (1) Z 11, 12, 22 and 23, § 12h, § 17 sec. 1, § 19 para. 2 and 2a, § 19b § 24 paragraph 1 Z 16 and 17, § 26 para. 3, § 31a para. 2 Z 15 and 16, § 31e, § 31g, § 40 para. 3 to 8, § 40a, § 42a para. 2 Z 8 and § 42e in the version of the Federal Law BGBl. I No 106/2006 will take place on 1 July 2006. Jänner 2007 in force.
(3) The others by the Federal Law BGBl. No 106/2006 amended provisions shall enter into force with the date of the event. "
Article 3
Amendment of the Energy Law Act 1982
The Federal Act of 21 October 1982 on Steering Measures for the Security of Energy Supply (Energy Law 1982), BGBl. No 545/1982, as last amended by the Federal Law BGBl. I n ° 151/2004, shall be amended as follows:
1. (constitutional provision) Article I and headline reads as follows:
" Article I
(constitutional provision)
(1) The dismissal and repeal of rules, such as those in the art. II of the Energy Law Act 1982, BGBl. No. 545, in the version of the Federal Laws BGBl. No 267/1984, BGBl. No 336/1988, BGBl. No 382/1992, BGBl. No. 834/1995, BGBl. No 791/1996, BGBl. I No 178/1998, BGBl. No 149/2001, BGBl. I n ° 151/2004 and BGBl. I No 106/2006, as well as the enforcement of these provisions, are also in the matters of the Federal Republic of Germany, with regard to which the Federal Constitutional Law provides otherwise. The matters governed by these provisions may, without prejudice to the position of the Governor of the State pursuant to Article 102 (1) B-VG, be subject to the conditions laid down in § 9 of the institutions of the statutory interest groups in the transferred sphere of action. as well as directly provided by the Energie-Control GmbH and the control zone guides.
(2) This Article shall enter into force 1. Jänner 2007 in force.
(3) The Federal Government shall be entrusted with the enforcement of this Article. "
2. The name "Electricity-Control GmbH" in kind. II, § 13, § 17 (3), § 18 (2) and (5), § 20 (2), § 21 (2) (2) (3), § 22 (1) and Article 31 (7) shall be replaced by the term " "Energie-Control GmbH" replaced.
(3) In accordance with Article II (1), the following § 1a is inserted:
" § 1a. Through this law,
| 1. |
Directive 2003 /54/EC concerning common rules for the internal market in electricity and repealing Directive 96 /92/EC, OJ L 327, 30.4.2003, p. No. OJ L 176, 15.07.2003 p. 37; |
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| 2. |
Directive 2003 /55/EC concerning common rules for the internal market in natural gas and repealing Directive 98 /30/EC, OJ L 201, 31.7.2003, p. No. OJ L 176, 15.07.2003 p. 57; |
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| 3. |
Directive 2004 /67/EC relating to measures to safeguard security of natural gas supply, OJ L 327, 28.2.2004 No. L 127 of 29.04.2004 p. 92 |
|||||||||
| " |
||||||||||
4. Art. II § 2 (1) reads as follows:
" (1) Steering measures should be provided by the Federal Minister for Economic Affairs and Labour. Such regulations shall be subject to the approval of the main committee of the National Council, in so far as such regulations do not exclusively cover the total or partial cancellation of the steering measures. In any case, the regulations have to be taken separately for management measures for energy sources, and for steering measures to secure the supply of electricity and to secure the supply of natural gas. Steering measures have to be taken into account in the energy supply situation in the other areas. "
5. In Art. II § 2 para. 4, first sentence, the expression "20" by the expression "20h" replaced.
6. Art. II § 3 (2) Z 4 is deleted.
7. Art. II § 10 Z 6 reads:
| " 6. |
Regulations on the use of green electricity in accordance with § 5 paragraph 1 Z 15 Ökostromgesetz, BGBl. No 149/2002 (§ 17); " |
|||||||||
8. Art. II § 11 reads:
" § 11. (1) The preparation and coordination of measures to be provided in the event of a starting date in the control zones situated in Austria will be transferred to Energie-Control GmbH (§ 5 Energy-Regulatory Authorities Act-E-RBG, BGBl. I n ° 121/2000, as amended by the Federal Law BGBl. I No 106/2006). The operational implementation of the measures in accordance with § § 12 to 16 is the responsibility of the control zone leaders, with the involvement of the network operators, balance group coordinators, balance-group managers and electricity traders, who are responsible for securing the federal uniform Vote in advance.
(2) The Energy-Control GmbH is authorized to prepare the steering measures to ensure the supply of electricity and to carry out the monitoring of security of supply in the electricity sector (§ 20i) by means of a regulation order from historical, current and forward-looking data at periodic intervals, even if the requirements of § 1 (1) are not available.
(3) Data for which notifications may be ordered pursuant to paragraph 2 shall be as follows:
| 1. |
information on the application, supply, consumption, import and export of electrical energy, as well as the type, quantity and storage levels of the primary energy sources used; |
|||||||||
| 2. |
technical indicators of the control and production facilities. |
|||||||||
| When the reports are arranged, a breakdown by purpose, economic activity in accordance with ÖNACE groups, network operators and federal states can be prescribed. In addition, data from end-users with an average monthly consumption of more than 500,000 kWh in the last calendar year (§ 13) can also be collected monthly and individually. |
||||||||||
(4) Data collected on the basis of § 20b of this Federal Act and § 52 ElWOG and data available to the rule zone guide in the context of congestion management may be used for the preparation and coordination of steering measures. in order to secure the supply of electricity.
(5) From the data collected in accordance with para. 2 and 4, the Energie-Control GmbH shall make available to the control zone guides and to the state main men the data necessary for the preparation and the operational implementation. "
9. Art. II § 18 (3) reads:
" (3) The division of the increased additional consumption fees shall be based on a key to be determined by the Energy Control GmbH on the participating electricity undertakings in order to cover the costs of the steering measures to ensure the safety of the electricity supply. "
10. Art. II § 20 (1). The text of Section 20 (2) has been given the title "§ 20." .
11. By Art. II § 20, the following section 3a, together with the heading, is inserted:
" 3a. Steering measures to secure the supply of natural gas
§ 20a. The Federal Minister for Economic Affairs and Labour may, if the conditions of § 1 (1) apply, provide for the following steering measures to ensure the supply of natural gas in accordance with the provisions of section 1 (2) to (4) by regulation:
| 1. |
Issue of instructions to natural gas companies within the meaning of § 6 Z 13 Gaswirtschaftsgesetz-GWG, BGBl. I n ° 121/2000, as amended by the Federal Law BGBl. (i) No 106/2006, rulebook guides, accounting group coordinators, balance group coordinators and producers, on the production, transport, transmission, distribution, storage and trading of natural gas; |
|||||||||
| 2. |
-the allocation, withdrawal and use of natural gas, as well as the exclusion from the removal of natural gas; |
|||||||||
| 3. |
Rules on the supply of natural gas to and from EU Member States and third countries. |
|||||||||
§ 20b. (1) The preparation and coordination of the measures to be provided in the event of a starting date in the control zones situated in Austria will be transferred to Energie-Control GmbH (§ 5 E-RBG). The operational implementation of the measures in accordance with § § 20c to 20g is the responsibility of the regulatory zone leaders with the involvement of natural gas companies, including the accounting group coordinators, balance sheet group coordinators and producers.
(2) The Energy-Control GmbH is authorized to prepare the steering measures to ensure the supply of natural gas and to carry out the monitoring of the security of supply in the natural gas sector (§ 20j) by means of a regulation of the notification of To arrange historical, current and forward-looking data at periodic intervals even if the requirements of § 1 (1) are not available.
(3) Data for which notifications may be ordered pursuant to paragraph 2 shall be as follows:
| 1. |
information on the performance, capacity, consumption, import and export, including transit, as well as available quantities and services from production and storage; |
|||||||||
| 2. |
technical indicators Control, production and storage facilities .. |
|||||||||
| In addition, data from end-users with a contractually agreed consumption of more than 100 000 kWh/h in the last calendar year (§ 20d) can also be collected monthly and individually. |
||||||||||
(4) Data collected on the basis of § 11 of this Federal Act and Section 59 of the GWG and data available to the rule zone guide in the context of congestion management may be used for the preparation and coordination of steering measures to be taken into account. Security of natural gas supply is used.
(5) From the data collected in accordance with paragraphs 2 and 4, the Energie-Control GmbH has to provide the control zone guides with the data necessary for the preparation and the operational implementation.
§ 20c. Regulations pursuant to § 20a (1) (1) (1) have the issue of instructions to natural gas companies, including control zone guides, producers, balance-sheet group managers and balance-group coordinators for production, transport, transmission, and the distribution, storage and trade necessary to ensure the supply of natural gas.
§ 20d. Regulations pursuant to Section 20a (2) (2) have to provide for the supply of available natural gas to the final consumer according to the degree of urgency, substitutability by other sources of energy and the extent of economic impact taking into account the heat supply of the private households. In particular, it can be determined that end-users can be temporarily excluded from the supply of supplies or restricted in the latter without any further procedures. If necessary, end users with a contractually agreed consumption of more than 100,000 kWh/h can be subjected to a separate regulation by Energie-Control GmbH.
§ 20e. Regulations pursuant to § 20a Z 3 have to be taken into account in the Austrian gas supply situation as well as on obligations within the meaning of section 1 (2).
§ 20f. (1) In the case of natural gas used for the contrary to restrictions on the consumption of natural gas, additional charges for the price of natural gas shall be charged for the price of natural gas.
(2) More detailed rules on payment methods, the type of determination of the level of the additional consumption fees as well as the operational processing are to be determined by Regulation of the Energy-Control GmbH.
(3) The division of the increased additional consumption fees shall be based on a key to be defined by the Energy-Control GmbH on the participating natural gas undertakings to cover the costs of the steering measures for the security of natural gas supply ,
(4) In order to avoid economic and social hardship, the Governor of the State may, within a period of two weeks, make the application of the additional consumption fees in accordance with the application.
(5) For those end users who are subject to a separate regulation by Energie-Control GmbH in accordance with § 20d, the latter may, in order to avoid economic and social hardship, submit the application to be submitted within two weeks. The use of multiple-use fees shall be due to the decision.
§ 20g. (1) The regulations and measures on the basis of § § 20a to 20e as well as the regulation of the additional consumption fees (§ 20f) shall be considered as part of the General Terms and Conditions and the Gas Supply Contracts.
(2) If a contract cannot be fulfilled or has not been fulfilled due to measures taken pursuant to § § 20a to 20e, no claims for damages shall be incurred against the debtor. The provisions of the Official Liability Act, BGBl. No 20/1949, as amended, shall not be affected by this.
§ 20h. To the extent that it is necessary to ensure the supply of natural gas, natural gas companies, including control zone leaders, producers, accounting group managers, balance sheet group coordinators and customers, are responsible for providing information to the Energy Control GmbH and in its scope of action to the provincial governor. The Energy-Control GmbH and the Landeshauptmänner are authorized in this regard for the identification, processing and transmission of data in the sense of the data protection law, as this constitutes an essential condition for ensuring the supply of natural gas. "
12. By Art. II § 20h the following heading and the following § § 20i and 20j shall be inserted:
" 3b. Preparation of the steering measures
§ 20i. (1) In order to prepare the steering measures, Energie-Control GmbH shall carry out a monitoring of the security of supply in the electricity sector. The balance group coordinators, accounting group managers, feed-in companies, electricity companies, network operators and control zone leaders, which are referred to in § 7 ElWOG, have the power to participate in this process. This monitoring shall in particular
| 1. |
the relationship between supply and demand on the domestic market; |
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| 2. |
the expected development of demand and the available supply; |
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| 3. |
additional capacity in planning and under construction; |
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| 4. |
the quality and scope of the netting; |
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| 5. |
measures for the operation of demand peaks and for the management of failures of one or more suppliers; and |
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| 6. |
the availability of electricity generation plants and networks. |
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(2) The results of the monitoring activities referred to in paragraph 1 may be used for the purposes of long-term planning as well as for the preparation of a report in accordance with § 14a E-RBG. "
§ 20j. (1) In order to prepare the steering measures, Energie-Control GmbH has to carry out a monitoring of the security of supply in the natural gas sector. In this connection, the rule zone guides named in § 12a GWG for the assessment of capacity bottlenecks in transmission lines have to cooperate in accordance with forces. This monitoring shall in particular
| 1. |
the relationship between supply and demand on the domestic market; |
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| 2. |
the expected development of demand and the available supply; |
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| 3. |
additional capacity in planning and under construction; |
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| 4. |
the quality and scope of the netting; |
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| 5. |
measures for the operation of demand peaks and for the management of failures of one or more suppliers; and |
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| 6. |
the availability of natural gas sources (production, storage, import) and networks. |
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(2) The results of the monitoring activities referred to in paragraph 1 may be used for the purposes of long-term planning as well as for the preparation of a report in accordance with § 14a E-RBG. "
13. By Art. II § 21 (1) reads:
" (1) In order to advise the Federal Minister for Economic Affairs and Labour, as well as for the preparation and evaluation of measures in accordance with § § 3 to 9, a Advisory Board is established with the Federal Minister for Economic Affairs and Labour (Energy Advisory Board). In particular, it shall be consulted prior to the release of a regulation in accordance with § 2 para. 1, § 3, § 10 and § 20a. "
14. Art. II § 21 para. 2 Z 2 reads:
"2. two representatives of the Austrian Chamber of Commerce, the Conference of Presidents of the Austrian Chambers of Agriculture, the Federal Chamber of Labour, the Austrian Trade Union Confederation and the Association of Austrian Industry."
15. Art. II § 22.
16. In Art. II § 23 (1), the sales designation shall be deleted "(1)" .
17. Art. II § 23 (2).
18. Art. II § 24 (3) reads:
" (3) The consultation of the Energy Advisory Council may be omitted if there is a risk of default. The Advisory Council shall, however, be subsequently referred to the matter without delay. In the case of steering measures in the electricity or natural gas sector, energy-control GmbH is, in any case, to be heard in its sphere of action by the regional governor. "
19. Art. II § 25 reads:
" § 25. The Energy Advisory Board shall adopt its Rules of Procedure by a simple majority. The Rules of Procedure shall govern the activities of the Advisory Councils as appropriate as possible. They shall require the approval of the Federal Minister for Economic Affairs and Labour, which shall be granted if it meets this requirement. "
20. In Art. II. 26 shall be the expression "the Advisory Councils" through the phrase "the Energy Advisory Council" replaced.
21. Art. II § 28 (1) (1) (1) a and b are:
| " (a) |
Bids and prohibitions of regulations issued in accordance with § § 3, 10 and 20a, or of the seizages issued pursuant to this Regulation, do not follow, provided that the act is not punishable by Z 2 or Z 3; |
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| b) |
Steering measures in accordance with § § 13, 17 and 20d are contrary; " |
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22. Art. II § 28 para. 1 Z 2 lit. b is:
| " (b) |
Regulations on reporting obligations (§ 7 (1), § 11 (2) and § 20b (2)) are contrary or information pursuant to § 7 (2) and (3) and § 19 shall not be reimbursed or reimbursed in time, inaccurate or incomplete; " |
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23. Art. II § 29 reads:
" § 29. (1) If the offence pursuant to § 28 is justified by the fact that the offender is contrary to the prescribed restriction measures for the electricity and/or electricity supply, the offender is justified in the case of the Natural gas consumption consumes energy, it shall not be punished if it is subject to a multi-consumption fee in accordance with § 18 or § 20f paid.
(2) Without prejudice to a punishment pursuant to § 28 or the payment of a multi-consumption fee in accordance with § 18 or § 20f, the pursuant to § 11 or § 11 may apply. § 20b or § 17 of the competent authority a current or Natural gas consumer according to the extent of the inadmissible surplus of electricity or electricity. Exclude natural gas. "
24. Art. Section 31 (1) is deleted.
25. In Art. (II) § 31, paragraphs 5 and 6 shall be given the designation (6) and (7); as (5) is inserted:
" (5) Art. § § 13, § 17 para. 3, § 18 para. 2, 3 and 5, § 20, § § 20a to 20j, § 21 para. 1 and 2 Z 3, § 22 para. 1, § 22a, § 23 para. 1, § 24 para. 3, § 25, § 26, § 28 paragraph 1 Z 1 lit. a and b, § 29 and § 31 paragraph 1 in the version of the Federal Law BGBl. I. No 106/2006 enters into force with xxxxxx. Regulations in accordance with Art. II § 11 (2) and (20b) (2) may already be issued from the date on which this Federal Law is held; however, they may not be issued at the earliest with 1. Jänner 2007 will be put into effect. "
Article 4
Amendment of the oil supply and reporting act 1982
The Federal Act of 21 October 1982 on the holding of emergency reserves of crude oil and petroleum products and on reporting requirements for the security of energy supply (oil supply and reporting act 1982), Federal Law Gazette (BGBl). No 546/1982, as last amended by the Federal Law BGBl. I n ° 151/2004, shall be amended as follows:
1. (constitutional provision) Art. I and the headline are:
" Article I
(constitutional provision)
(1) The dismissal and repeal of provisions as set out in Articles II, III and IV of the 1982 Petroleum Proportion and Reporting Act, BGBl. No. 546, in the version of the Federal Laws BGBl. No. 266/1984, BGBl. No. 652/1987, BGBl. No 339/1988, BGBl. No 383/1992, BGBl. No 835/1995, BGBl. No 792/1996, BGBl. I No 179/1998, BGBl. I No 150/2001, BGBl. I n ° 151/2004 and in the case of Z 2 to 13 of the Federal Law, which amalds the 1982 Oil Stocks And Reporting Act, Federal Law Gazette (BGBl). I No 106/2006, as well as the enforcement of these provisions, are also in the matters of the Federal Republic of Germany, with regard to which the Federal Constitutional Law provides otherwise.
(2) This Article shall enter into force 1. Jänner 2007 in force.
(3) The Federal Government shall be entrusted with the enforcement of this Article. "
2. Art. Section 1 (1) reads as follows:
" (1) In the sense of this Federal Law, the terms
| 1. |
"IEP Convention", the Convention of 18 November 1974 on an International Energy Programme, BGBl. No 317/1976; |
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| 2. |
"Oil" |
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| a) |
Petroleum oils and oils of bituminous minerals, crude, heading No 2709 00 of the Combined Nomenclature, Commission Regulation (EC) No 1810/2004 of 7 September 2004 amending Annex I to Council Regulation (EEC) No 2658/87 on the the tariff and statistical nomenclature and the Common Customs Tariff, with the exception of high sulphur bituminous shale oil; |
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| b) |
Semi-finished products of the product group "heating oil" products of subheadings 2710 19 51, 2710 19 55, 2710 19 71, 2710 19 75 for the production of petroleum products in accordance with Z 3; |
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| 3. |
"Petroleum products and biofuels" means the following products of heading 2710 of the combined nomenclature: |
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| a) |
"Benzine" means the goods of subheadings 2710 11 11, 2710 11 15, 2710 11 21, 2710 11 25, 2710 11 31, 2710 11 41, 2710 11 45, 2710 11 49, 2710 11 51, 2710 11 59, 2710 11 70, 2710 11 90 of the Combined Nomenclature, excluding petroleum ether, n-hexane and n-heptane, as well as biofuels which are used as gasoline, to the extent that they are not already taken into account in the gasoline of the above-mentioned subheadings by means of contetations. |
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| b) |
"Petroleum" means the goods of subheadings 2710 19 11, 2710 19 15, 2710 19 21, 2710 19 25, 2710 19 29 of the Combined Nomenclature; |
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| c) |
"Gas oils" means the goods of subheadings 2710 19 31, 2710 19 35, 2710 19 41, 2710 19 45 and 2710 19 49 of the Combined Nomenclature, including the particularly marked gas oil in accordance with § 9 of the mineral oil tax law of 1995, BGBl. No 630/1994, as well as biofuels which are used as gas oils, to the extent that they are not already taken into account in the gas oils of the above-mentioned subheadings by means of additives. ' |
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| d) |
"heating oil" means goods of subheadings 2710 19 51, 2710 19 55, 2710 19 61, 2710 19 63, 2710 19 65, 2710 19 69 of the Combined Nomenclature; |
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| e) |
"lubricating oils and other oils" means the goods of subheadings 2710 19 71, 2710 19 75, 2710 19 81, 2710 19 83, 2710 19 85, 2710 19 87, 2710 19 91, 2710 19 93, 2710 19 99 of the Combined Nomenclature; |
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| 3a. |
"Raw materials and biofuels" within the meaning of this Federal Law are: |
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| a) |
plant-based raw materials for the direct production of biofuels; |
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| b) |
vegetable and animal fats and oils, whether or not chemically modified, of Chapter 15 of the Combined Nomenclature, as well as of vegetable and frying oils and fat-leaving fats of plant or animal origin for the direct production of biofuels; |
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| c) |
the methyl esters of Chapter 38 of the combined nomenclature, referred to in (b), provided that they are used as a fuel component or as a biogenic fuel; |
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| d) |
ethyl alcohol produced by alcoholic fermentation of heading No 2207 of the Combined Nomenclature, provided that it is used as a fuel component or as a biogenic fuel; |
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| e) |
Fatty acid methyl ester (FAME). |
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| The Federal Minister for Economic Affairs and Labour, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, can designate, by means of a regulation, those raw materials for the direct production of biofuels, which are the Obligation under § 1 (1) (3) (3a), whereby an applicable conversion key (§ 8 (4)) is to be determined for the respective raw material. |
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| 4. |
"hard coal and coal coke" means the coal and coal briquettes of heading 2701, coke and coke of coal from subheadings 2704 00 11 and 2704 00 19 of the Combined Nomenclature; |
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| 5. |
"natural gas" means the goods of subheadings 2711 11 00 and 2711 21 00 of the Combined Nomenclature; |
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| 5a. |
"Chemical raw materials" means the products of subheadings 2707 10 90 (petrol for other uses), 2711 14 00 (ethylene, propylene, butadiene), 2901 21 00 (ethylene), 2901 22 00 (propene), 2901 24 10 (buta-1,3-diene) of the combined nomenclature; |
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| 6. |
"Contract partners according to § 4 Abs.1 Z 3" all physical and legal persons as well as partnerships of the commercial law, which have assumed the obligation under private law contract, a certain quantity of mandatory emergency reserve assets to the Available. They do not have the rights and obligations of the stockholder, but those of the holder (Z 15); |
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| 7. |
"warehousekeeper" means all physical and legal persons as well as partnerships of commercial law which, in accordance with § 5, assume the obligation to provide a storage obligation in whole or in part for a person who is subject to a storage obligation; |
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| 8. |
"Holder of a tax warehouse" holder of a mineral oil warehouse, to which an authorization pursuant to § 27 or § 29 of the Mineral Oil Tax Act 1995, BGBl. No 630/1994, (tax warehouse); |
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| 9. |
"Application area" means the federal territory, with the exception of the areas of the municipalities of Jungholz (Tyrol) and Mittelberg (Vorarlberg); |
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| 10. |
"third country" means an area outside the territory of the European Union; |
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| 11. |
"import" the movement of the goods referred to in Z 2 and 3 for free circulation from a Member State of the European Union to the field of application or the release for free circulation of such goods from a Member State of the European Union. third country; |
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| 12. |
"export" means the movement of goods referred to in Z 2 and 3 for free circulation into a Member State of the European Union from the field of application or the export of such goods to a third country; |
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| 13. |
"Importer" |
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| a) |
the physical or legal person as well as the civil society of the commercial law, |
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| aa) |
which, when the goods referred to in Z 2 and 3 are released from a third country, are recipients of the goods in the customs-legal sense; |
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| or |
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| bb) |
if the goods referred to in Z 2 and Z 3 are to be transferred from a Member State of the European Union to the field of application, the first domestic invoice recipient; for series transactions in which the last buyer has the goods from another The Member State itself shall be able to collect or collect the goods, either when the goods are imported into a domestic tax warehouse within the meaning of the Mineral Oil Tax Act 1995, the person on whose behalf the goods are placed in the domestic tax warehouse, or, in the case of a domestic authorized person, Recipients (Section 32 of the Mineral Oil Tax Act 1995), this entitled recipient; |
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| b) |
in all other cases where goods referred to in Z 2 and 3 are brought into the field of application, the importer shall be the first recipient of the goods in the territory of the country; |
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| c) |
in cases where more than one company, under the single management of a capital company (parent undertaking), has its registered office within the meaning of Section 244 (1) of the HGB (German Commercial Code), importers in accordance with lit. a or b and the parent company referred to the Federal Ministry of Economics and Labour in writing in the context of the notification according to § 14 as an importer, the parent company. |
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| 14. |
"new importer" means persons in accordance with Z 13 who, for the first time, have imported petroleum or petroleum products in the current calendar year and have not carried out any of these activities during the previous calendar year. |
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| 15. |
"holder" means all physical and legal persons as well as partnerships of the commercial law, which hold mandatory emergency reserve reserves as a stockholder in accordance with § 4 Abs.1 Z 1 and Z 2, or as a contractual partner in accordance with § 4 Abs.1 Z 3. " |
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3. Art. II § 2 (1) reads as follows:
" (1) Importers of crude oil, petroleum products, biofuels or raw materials for the direct production of biofuels shall have to hold mandatory emergency reserves in accordance with § § 3 to 10 (stockpisers). In the case of importers with a registered office in a third country or in another EU Member State, the first domestic recipient of goods shall be subject to a pre-rattlety. The obligation to maintain a stockholding shall be met only by such quantities of oil, petroleum products, biofuels or raw materials for the direct production of biofuels which are owned either by the warehousekeeper (Article 1 (1) (1) (7)) or by the holder (§ 1 1 (1) (15). "
4. Art. II § 2 (4) and (5) are:
"(4) The goods of subheadings 2710 11 11, 2710 11 21, 2710 11 25 and 2710 11 90 listed in § 1 (1) Z 3 lit. a," Benzine ", as well as the goods of subheading 2710 19 11 referred to in § 1 para. 1 Z 3 lit. b," Petroleum " are not subject to the Obligation to provide proof that the importer provides proof that the goods in the application area are not used for energy use.
(5) The products referred to in Article 1 (1) (1) (5a) "chemical raw materials", which are produced in the field of application of crude oil or petroleum products, may be deducted from the quantity of petroleum imported, to the extent of 50% of the quantity produced, provided that: No deduction has already been made in accordance with Section 2 (4). "
5. The species. II § 4 shall be added to the following paragraphs 3 to 5:
" (3) In the case of an individual case, a shorter period than the period specified in paragraph 2 may be approved by decision of the person to be forgiven for contracts pursuant to paragraph 1 (1) (3), if this is due to business or technical reasons. , and compliance with the term of the term provided for in paragraph 2 is economically unreasonable for the authorities responsible for the storage of such products.
(4) § 4 (3) shall apply mutatily to warehousekeepers in accordance with § 5. To the extent that it serves the purpose of covering the stockholding held by the warehousekeeper in accordance with § 5, the Federal Minister of Economics and Labour may, at the request of the warehousekeeper, approve the conclusion of under-year contracts in accordance with § 4 (1) Z 3.
(5) Final consumers who are subject to a contract in the preceding calendar year from a distributor with oil or petroleum products not subject to the obligation to supply the goods in accordance with Article 2 (1) shall have a contract with the complete in accordance with Section 4 (1) Z 3 or Z 4. This contract may be concluded on behalf of the trader. These dealers shall include in the invoice an indication of the storage obligation in accordance with § 2 of the EBMG. "
6. Art. II § 5 (6) Z 1 reads:
| " 1. |
The warehousekeepers must be capital companies based in Austria, whose corporate object is the transfer of the stockholding obligation under this federal law. For these companies, a supervisory board must be provided, to which a representative of the Federal Ministry for Economic Affairs and Labour, as well as a representative of the trade association of the energy trade association, must belong. These companies are exempted from the provisions of the 1973 Commercial Code. In the case of profit-making targets, they may only use the profits to form equity capital or to strengthen it. Profits from the disposal of stocks are to be allocated to a committed, untaxed reserve. If the reserve is not used for the procurement of inventory pursuant to Section 5 (6) Z 7 within a period of 5 years after formation, this shall be dissoluted effectively. The collection of stocks shall be carried out on the basis of the principles of economy, economy and expediency, taking into account the respective market situation. The provisions of Sections 74, 75, 77 to 83, 353, 355, first sentence, 359 (1) and (2) and 360 (2) to (4) of the 1973 Commercial Code shall apply with the proviso that the Landeshauptmann shall be responsible for issuing the authorization of an operating system. is. § 69 of the bankruptcy order shall not apply to such corporations. " |
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7. In Art. II § 5 (6), the following Z 10 is added after Z 9:
| " 10. |
In compliance with the provisions of Z 7 and 8, the warehousekeepers are entitled to establish inventories to cover mandatory emergency reserve assets taken over in the future. The extent of the stockpiles constructed in such a way shall not exceed 10% of the stock of stockpiles accepted for the respective cut-off date (1 April of each year). The Federal Minister for Economic Affairs and Labour can increase this percentage of inventories to up to 20% by means of a regulation. The above regulation also applies to the keeping of stocks for which there is no longer an obligation to adopt a position by means of inherited stockpiles. " |
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8. Art. In Section 8 (1), the following sentence shall be added:
"The substitution rules also apply mutagens to biofuels and raw materials for the direct production of biofuels."
9. Art. II § 8 (4) reads:
' (4) The calculation of the replacement quantities in accordance with paragraphs 1 to 3 and in accordance with Article 2 (5), the following conversion keys shall be based on:
| Energy sources |
Petroleum units |
| 1 kg of petroleum according to § 1 para. 1 Z 2 lit. a and raw materials for the direct production of biofuels |
1 |
| 1 kg of petroleum products, chemical raw materials and biofuels (including Semi-finished products according to § 1 para. 1 Z 2 lit. b) |
1.150 |
| 1 kg of hard coal or coal coke |
0.760 |
| In the case of the fixing of the conversion keys for raw materials for direct production of biofuels by regulation of the Federal Minister of Economics and Labour pursuant to § 1 (1) (1) (3a), these conversion keys shall be the calculation of the replacement quantities instead of the conversion key set out in paragraph 4. " |
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10. The previous species. II § 11 receives the sales designation "(1)" ; the following paragraph 2 is added:
" (2) In the case of mergers of companies, the rights and obligations under this Federal Act shall be applied to the legal successor. Mergers of storage holders pursuant to Section 5 (6) shall not be permitted. "
11. Art. II § 19 reads:
" § 19. The results of surveys in accordance with § § 11 to 18 may only be used for the purposes of the enforcement of this federal law and for statistical surveys and statistical work according to § 25. "
12. In Art. II § 22 Z 10 the point shall be replaced by a point of line; the following Z 11 shall be added:
| " 11. |
the obligation to accept the obligation to provide proof of the obligation to provide a storage obligation in accordance with Section 4 (5) does not comply. " |
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13. In the Appendix to Art. II § 18 (Reporting note) is the footnote "*)" :
| " *) The position of the Austrian Customs Tariff includes |
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| - |
the eight-digit position KN and |
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| - |
the two-digit TARIC position and |
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| - |
the single-digit national position, as it appears in the ÖGebrZT-Code column in the ÖGebrZT. " |
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14. Art. The first sentence of IV (1) is:
"This federal law shall enter into force on 1 July 1982."
15. In Art. IV is added in accordance with paragraph 1c of the following paragraph 1d:
" (1d) Art. § 1 (1), § 2 (1) and (4), § 4 (3) to (5), § 5 (6) Z 1 and 10, § 8 (1) and (4), § 11, § 19, § 22 (10) and (11), the Appendix to Art. II § 18 and Art. IV (1) first sentence in the version of the Federal Law BGBl. I No 106/2006 shall enter into force 1. Jänner 2007 in force. Section 2 (5) in the version of the Federal Law BGBl. I No 106/2006 shall enter into force 1. Jänner 2006 in force. The obligation to adopt biofuels begins with 1 April 2007 for the quantities of biofuels imported in 2006. The deductibility of chemical raw materials (§ 2 (5)) of the imported quantity of crude oil begins with 1. Jänner 2006. "
Article 5
Amendment of the Energy Regulatory Authority Act
The federal law on the tasks of the regulatory authorities in the electricity and natural gas sector and the establishment of the Energy Control GmbH and the Energy Control Commission (Energy Regulatory Authority Act-E-RBG), BGBl. I n ° 121/2000, as last amended by the Federal Law BGBl. I No 148/2002, shall be amended as follows:
1. § 5 (6) reads:
" (6) The Energy-Control GmbH has to take all organizational arrangements to be able to fulfill its tasks and to enable the Energy Control Commission to perform its tasks. It shall, in particular, divide the transactions relating to its sphere of action on the basis of its importance and its extent to individual organisational units, in accordance with the subject matter and the extent to which it is based (business division). The management of the Energie-Control GmbH may, in the interests of rapid and appropriate business treatment, transfer certain transactions to the directors of these organizational units for self-employed treatment. The right of instruction of the management is not affected by the use of the self-employed treatment. The responsibility for the self-handling of transactions as well as the representation of the management in the event of prevention must be laid down in a point of order, which is to be made available on the homepage of Energie-Control GmbH. "
2. § 8 reads:
" § 8. (1) The Energie-Control GmbH has the General Administrative Procedure Law-AVG, BGBl. No 51/1991, as amended, to the extent that it is not expressly intended to apply otherwise. In the cases of Section 73 (2) of the AVG, the responsibility for the decision shall be transferred to the Energy Control Commission at the written request of the party.
(2) If the inclusion of evidence by experts is necessary, the regulatory authorities shall have the experts attached to the Energy Control GmbH to be drawn or to draw other persons as experts (Section 52 AVG). "
Section 9 (1) Z 2 reads as follows:
| " 2. |
to develop and make available technical and organisational rules for operators and users of networks in cooperation with the operators of electricity networks; " |
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4. § 10a (1) reads:
" (1) Without prejudice to the competence of the Energy Control Commission in accordance with § 16 as well as the ordinary courts, any party, including network users, suppliers, network operators, other electricity and natural gas undertakings, or Conflicts of interest, in particular with regard to disputes between electricity and natural gas undertakings and market participants, disputes arising out of the settlement of electricity and natural gas supplies , as well as system usage charges, which are presented by Energie-Control GmbH. Energy-Control GmbH has to strive to achieve a friendly solution within a period of six weeks. In dispute settlement cases, the consumers within the meaning of the Consumer Protection Act, BGBl. No 140/1979, as amended, the Bundesarbeitskammer (Federal Chamber of Labour) is mandatory on the part of Energie-Control GmbH. The electricity and natural gas undertakings shall be required to participate in such a procedure, to provide all the information necessary for the assessment of the facts and, where appropriate, to submit a proposal for a solution. The provisions of the AVG shall not apply in these dispute resolution cases. "
5. The following paragraph 5 is added to § 10a:
" (5) In the context of the dispute settlement, the AVG shall not apply. The Energie-Control GmbH has to draw up procedural guidelines for the settlement of disputes at the Schlichtungsstelle der Energie-Control GmbH (Schlichtungsstelle der Energie-Control GmbH) and publish it on the Internet. "
6. § 11 together with the title shall be deleted.
7. In § 12 (1), before the word "To determine" the phrase "with a notice" inserted.
8. In accordance with § 14, the following § 14a and title shall be inserted.
" Reporting Obligations
§ 14a. Energy-Control GmbH shall draw up a report on the results of its monitoring activities in accordance with Article 4 of Directive 2003 /54/EC and Article 5 (1) of Directive 2003 /55/EC as well as in accordance with Article 5 of Directive 2004 /67/EC, and in a suitable manner to be published. It can use the results of long-term planning (§ 12b paragraph 1 Z 22 GWG) as well as its activities in accordance with § § 20i and 20j Energielenkungsgesetz (Energy Law) for the preparation of this report. "
9. (constitutional provision) § 16 with headline reads:
" Tasks of the Energy Control Commission
" § 16. (1) (constitutional provision) The Energy Control Commission shall be assigned the following tasks:
| 1. |
Approval of the general conditions of the network operators for the use of transmission and distribution networks (§ § 24 and 31 of the ElWOG); |
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| 2. |
the determination of system-use tariffs and other tariffs in accordance with Section 25 of the ElWOG and the determination of tariffs and accounting principles in the case of supplies of electrical energy exceeding the limits of the control zones; |
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| 3. |
the prohibition of the application of conditions which apply to end users and which contravene a legal ban or good morality; |
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| 4. |
the decisions on refusal of access to the system in accordance with Section 20 (2) of the ElWOG; |
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| 5. |
the mediation of disputes between market participants in those cases in which the network access entitled claims against the network operator (§ 21 ElWOG); |
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| 6. |
the settlement of disputes arising from the settlement of balancing energy; |
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| 7. |
the granting of derogations in accordance with Article 7 of Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity, OJ L 327, 28.12.2003, p. OJ L 176, 15 July 2003, p. 1; |
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| 8. |
the release of foes pursuant to Section 7 (2) of the GWG; |
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| 9. |
the granting of exemptions in accordance with Article 20a (1) of the GWG and Regulation (EC) No 1775/2005 of the European Parliament and of the Council of 28 September 2005 on conditions for access to natural gas transmission networks, OJ L 327, 30.12.2005, p. OJ L 289, 3 November 2005, p. 1; |
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| 10. |
the granting of authorisations to carry out the activities of a transmission company and a distribution company (Section 13 of the GWG) and withdrawal pursuant to Section 38a of the GWG; |
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| 11. |
the determination of the proportion of natural gas volumes to be increased pursuant to section 22 (1) of the GWG (Section 22 (2) of the GWG); |
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| 12. |
the findings in accordance with § § 22 (6) and 39a (3) GWG; |
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| 13. |
the dismissal of claims pursuant to Section 31h (2) and (4) of the GWG and the release of regulations pursuant to Section 31h (5) of the GWG; |
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| 14. |
the measures to safeguard the supply of natural gas (Article 38e GWG); |
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| 15. |
the approval of the general conditions of the control zone guide (§ 12h GWG) and of the distribution companies (§ 26 GWG), the general conditions for cross-border transport of the transmission companies or Holders of transport rights (§ 31g GWG); |
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| 16. |
the determination of tariffs (§ § 23a and 23d GWG); |
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| 17. |
the failure to apply conditions for the natural gas sector to be applied to end-users, which are contrary to a legal ban or to good morals; |
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| 18. |
the omission of regulations pursuant to section 22 (2) (5a) of the ElWOG; |
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| 19. |
the decisions on refusal of access to the system in accordance with Section 19 (4) of the GWG; |
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| 20. |
the mediation of disputes between market participants in those cases in which the network access entitled claims against the network operator (Section 21 of the GWG); |
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| 21. |
the determination as to whether, with regard to a State, the conditions for the application of the network reference status are available in accordance with Section 19 (1) (4) of the GWG (Section 67 of the GWG); |
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| 22. |
the decision on the exemption from the obligation to grant access to the network pursuant to Article 20 (4) of the GWG; |
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| 23. |
the fixing of fixed prices in accordance with Section 23e of the GWG; |
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| 24. |
the determination as to whether the establishment, extension or modification of a natural gas pipeline is incompatible with the objective of Section 3 of the GWG or that the network operator is prevented from fulfilling the obligations imposed on it in accordance with § 4 (Section 47 (3) of the GWG); |
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| 25. |
the omission of regulations pursuant to Section 12f of the GWG; |
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| 26. |
approval of the long-term planning of grid expansion (§ 12e GWG); |
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| 27. |
the release of guidelines for auctioning conditions by means of a regulation pursuant to section 22 (4) of the GWG; |
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| 28. |
the omission of regulations pursuant to Section 39a (2) of the GWG; |
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| 29. |
the release of regulations pursuant to section 20 (6) of the GWG; |
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| 30. |
the release of regulations amending the annexes contained in the GWG. |
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(The Energy Control Commission is the Appellate Authority against decisions of Energie-Control GmbH, unless otherwise specified in paragraph 3).
(3) In the cases referred to in paragraph 1 (1) (1) and (3) to (15), 17, 19 to 22, 24 and 26, the Energy Control Commission shall be required to decide on a modest basis within two months. This period may be extended by two months if the Energy Control Commission requests additional information. A further extension is only possible with the consent of the parties involved in the proceedings. In the sense of § 1 of the executive order, RGBl., the performance, omission or subsaiding of the order shall constitute an order of the Exectation of the Executive Order. No 79/1896, as amended.
(3a) (constitutional provision) The Party, which is not satisfied with decisions pursuant to paragraphs 1, Z 5, 6 and 20, may make the case pending within four weeks of the date on which the defendant is served. With the final decision of the Court of First Instance, the decision of the Energy Control Commission shall not enter into force. A decision on a request for a re-establishment of a reinstatement against the expiry of the time limit shall be taken by the court; the application for re-establishment shall be brought directly to the court of law.
(4) The determination of tariffs in accordance with paragraph 1 Z 16 and of fixed prices pursuant to paragraph 1 Z 23 shall be effected by means of a regulation. "
11. In Article 26a (3), the following sentence shall be inserted after Z 3:
"In matters of price determination, the Advisory Board shall, in addition to the Chairman, be members of the Advisory Board only in accordance with Z 1 and 3 appointed members."
12. In Section 10a (4), § 26 (3) (2) and Article 26a (3) (1) (1), the phrase "social security, generations and consumer protection" shall be replaced by the word "justice".
13. According to § 29a, the following § 29b and heading is inserted:
" In-Force Trets of the Novel BGBl. I No 106/2006
§ 29b. (1) (constitutional provision) § 16 in the version of the Federal Law BGBl. I No 106/2006 will enter into force with the date of the presentation.
(2) The remaining provisions of the E-RBG in the version of the Federal Law, BGBl. I No 106/2006, shall enter into force with the day following the event. "
Article 6
Amendment to the Federal Act against Unfair Competition 1984
The Federal Act against the Unfair Competition 1984-UWG, BGBl. No 448, as last amended by the Federal Law BGBl. I n ° 55/2000 and the BGBl agreement. I n ° 136/2001, shall be amended as follows:
1. In § 14 (1), second sentence, after the word order "Presidential Conference of the Austrian Chamber of Agriculture" the word "or" replaced by a dash and after the word order "from the Austrian Trade Union Confederation" the phrase "or by the Federal Competition Authority" inserted.
2. In accordance with § 44 (5), the following paragraph 6 is added:
" (6) § 14 para. 1 in the version of the Federal Law BGBl. 106/2006 shall enter into force with the day following the presentation. '
Article 7
Amendment of the Competition Act
The Competition Act-WettbG, BGBl. I n ° 62/2002, as amended by the BGBl version. I No 62/2005, is amended as follows:
1. In § 2 para. 1, in Z 5 the word "and" replaced by a dash, after Z 6 the point by the word "and" replaced and the following Z 7 added:
| " 7. |
Assertion of injunction claims in accordance with § 14 (1) of the Federal Act against the Unfair Competition 1984-UWG, BGBl. No 448, as amended, and § § 11 to 14 WettbG shall not apply. " |
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2. In § 12 (3), last sentence, the word order "the person referred to in Article 11 (4)" through the phrase "the persons referred to in Article 11a (2)" replaced.
3. In § 12, para. 4, last sentence, the word order "§ 11 (3) (2) and (3)" through the phrase "§ 11a (1) (2) and (3)" replaced.
4. In Section 17 (5), the phrase "§ 2 para. 3" through the phrase "§ 2 para. 4" replaced.
5. § 21 receives the sales designation "(1)" ; the following paragraph 2 is added:
" (2) This federal law in the version of the Federal Law BGBl. 106/2006 shall enter into force with the day following the presentation. '
Fischer
Bowl
