105. Federal law amending the German Green Electricity Act, the Electricity Economy and Organization Act and the Energy Regulatory Authority Act (Ecoelectricity Law Novel 2006)

The National Council has decided:

table of contents

Article 1: Amendment of the Ecoelectricity Act

Article 2: Amendment of the Electricity Economic and Organization Act

Article 3: Amendment of the Energy Regulatory Authority Act

Article 1

Federal law amending the green electricity law

The Federal Law, which provides for new regulations in the field of electricity generation from renewable energy sources and in the field of combined heat and power ("Ökostromgesetz"), BGBl. I No 149/2002, shall be amended as follows:

1. The table of contents is:

" TOC

Part 1

General provisions

§ 1. Constitutional provision

§ 2. Scope

§ 3. Transposition of EU law

§ 4. Objectives

§ 5. Definitions

§ 6. Obligation to attach

§ 7. Recognition of plants based on renewable energy sources

§ 8. Proof of origin

§ 9. Recognition of proofs of origin from other countries

Part 2

Promotion of renewable energy and energy production from CHP plants

Section 1

Promotion of green electricity

§ 10. Obligation of acceptance and remuneration

§ 10a. Restrictions on acceptance

§ 11. Remuneration

Section 2

Electrical energy from CHP plants and medium-sized hydropower plants

§ 12. Promotion of CHP energy

§ 13. Cost of CHP energy

§ 13a. Investment grants for electrical energy from medium-sized hydropower plants

§ 13b. Advisory board for investment grants

§ 13c. Resolution point for the granting of investment grants

§ 13d. Guidelines for the granting of investment grants

Part 3

Eco-downstream Unit

§ 14. Exercise Requirements

§ 14a. Application Creation

§ 14b. Concession

§ 14c. Concession Withdrawal

§ 14d. Quenchment of the concession

§ 14e. Change in participation conditions

§ 15. Tasks of the Eco-downstream Unit

§ 16. Ökobilanzgruppe

§ 17. Allocation of funds for the activities of the Ökobilanzgruppe

§ 18. General conditions

§ 19. Obligations of electricity traders, green electricity system operators and network operators

§ 20. Market Price

§ 21. Diversion of the additional costs of the green-current winding site

Part 3a

Transport volume

§ 21a. Contractible feed-in tariff

§ 21b. Distribution of feed-rate volume

Part 4

Funding

Section 1

Application and management of funding

§ 22. Application of the funding

§ 22a. Support contributions for the calendar years 2005 to 2011

§ 23. Management of funding

Section 2

Monitoring and reporting obligations

§ 24. Monitoring

§ 25. Reports

Part 5

Regulations, obligation to provide information, automation-supported data traffic, criminal provisions

§ 26. Regulations

§ 27. Obligation to provide information

§ 28. Automation-supported traffic

§ 29. General criminal provisions

Part 6

Transitional and final provisions

§ 30. Transitional provisions

§ 30a. Conclusion of a contract with Kommunalkredit Public Consulting GmbH

§ 30b. Transfer of rights and obligations to the ecosystem

§ 30c. Transitional provision to § 13 (3) and (4) in the version of the Federal Law BGBl. I No 105/2006

§ 31. Final provisions

§ 32. In-force pedals and repeal of legislation

§ 32a. In-force pedals of the 2006 eco-electricity law

§ 33. Enforcement "

2. (constitutional provision) § 1 with headline reads:

" Constitutional provision

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

2a. At the end of section 2 (2) (2) (2), the point shall be replaced by a stroke, the following Z 3 and 4 shall be added:

" 3.		the promotion of investment grants for medium-sized hydropower plants;
4.		Promotion through investment grants for new CHP plants. "

2b. § 4 para. 1 Z 8 reads:

" 8.		the production of electrical energy from renewable energy sources in accordance with the principles of European Community law, and in particular Directive 96 /92/EC of 19 December 1996 concerning common rules for the Internal market in electricity (OJ C 327, 28. No. 20; the Internal Electricity Market Directive) and Directive 2001 /77/EC on the promotion of electricity produced from renewable energy sources in the internal electricity market. "

3. § 4 (2) reads:

" (2) In order to increase the generation of electricity from renewable energy sources, the conclusion of contracts for the reduction of electrical energy from renewable energy sources by 2010, with the exception of hydroelectric power, is concluded by To ensure that the resulting share is 10% of the total annual electricity output of all Austria's network operators to the end users connected to public networks. Production of electricity on the basis of animal meal, waste liquor, sewage sludge or waste, with the exception of wastes with a high biogenic content, shall not be included in the above target of 10%. "

4. § 5 together with the title is:

" Definitions

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

1.		"High biogenic waste" means the waste from industry, trade and households listed in Appendix 1, defined by the assigned 5-digit key number according to Appendix 5 Waste list of the Waste Directory Ordinance, BGBl. II No 570/2003, as amended by the BGBl Regulation. II No 89/2005;
2.		"Altanlage" is an eco-power plant, for which it is before the 1. In January 2003, the necessary authorisations for the establishment of the project are available;
3.		"existing combined heat and power plants for the public district heating system" those combined heat and power plants, for which they are located in front of the 1. In 2003, the necessary authorisations for the establishment were granted;
4.		"biomass" means the biodegradable fraction of products, wastes and residues from agriculture (including vegetal and animal substances), forestry and related industries;
5.		"fuel utilization rate" means the sum of electricity generation and heat generation used, divided by the energy content of the energy source used;
6.		"erector" means a legal or natural person who has the economic responsibility for the establishment of an installation;
7.		"Own demand" means the amount of energy required for the operation of the green power plant,
8.		"self-consumption" means the electrical energy produced by the holder from an ecosystem, which is not fed into the public grid;
9.		"Feed-in tariff" means the forecast costs accumulated over the legal or contractual duration of the acceptance obligation for the purchase of green electricity at the prices determined by the Regulation
a)			"annual feed-in tariff" means the amount resulting from the volume of support available for the reduction of green electricity in a calendar year;
b)			"Contratable feed-in tariff volume", the feed-in tariff available for the new conclusion of contracts for the reduction of green electricity in a calendar year (§ 21a in conjunction with § 21 and § 22a (2));
10.		"bottleneck performance" means the maximum electrical continuous power of the entire generating system with all machine sets, which is limited by the most vulnerable part;
11.		"renewable energy sources" means renewable non-fossil fuels (wind, sun, geothermal energy, wave and tidal energy, hydropower, biomass, high biogenic waste, landfill gas, sewage gas and biogas);
12.		"particulate matter" particles which pass through a size-selecting air inlet which has a separation efficiency of 50% for an aerodynamic diameter of 10 µ m;
12a.		"funding contribution" means the contribution in Cent/kWh or euro per census (counting point flat rate), which is necessary in sum to cover the additional costs of the eco-current winding station;
13.		"total electricity consumption" means domestic electricity production, including self-production, plus imports, minus exports (gross domestic consumption of electricity);
14.		"certificate of origin" means the certificate attesting to the source of energy from which the energy source is fed into the public network, or Electrical energy supplied to third parties has been produced;
15.		"hybrid system" means a production plant which, in combination, uses different technologies in the conversion of one or more primary energy sources into electrical energy;
16.		"small-scale hydropower plant" means a recognised plant based on renewable energy sources, with a capacity of up to 10 MW,
17.		"CHP plants" ("Power heat coupling systems") , installations for the generation of electrical energy, in which electrical energy and useful heat are generated simultaneously from primary energy sources;
18.		"cogeneration energy" means electrical energy, which is produced directly and efficiently maximally as a coupling product in the generation of useful heat;
19.		"mixed combustion plant" means a thermal production plant in which two or more fuels are used as primary energy sources;
20.		"mean hydropower" means a recognised plant based on the renewable energy source hydropower with a bottleneck performance of more than 10 MW up to and including 20 MW;
21.		"modernised combined heat and power plants" means those combined heat and power plants, for which a commissioning is carried out after the first one. October 2001, when the cost of renewal is at least 50% of the cost of a new investment of the total plant (excluding construction);
22.		"new plant" means an ecosystem for which, after 31 December 2002, the necessary authorisations are granted for the establishment of the system;
23.		"new combined heat and power plants" those combined heat and power plants with investment grants, their construction commences after the entry into force of this Federal Law BGBl. No 105/2006, if the cost of renewal is at least 50% of the cost of a new investment (including the body) of the overall plant and its waste heat to such an extent for the heat supply or process heat generation (economically) it is used that the efficiency criterion (§ 13 para. 2) is fulfilled;
24.		"public district heating" means the supply of useful heat for space heating and hot water via a line network in a given area to a number of customers on a general basis;
25.		"public network" means a concessionated distribution network or a transmission network serving third parties and entitled to network access;
26.		"green electricity" means electrical energy from renewable energy sources;
27.		"green electricity plant" means a production plant which generates green electricity from renewable energy sources and is recognised as such; facilities which serve the purpose of green electricity production and which are in a local context are a single plant § 74 GewO is to be applied in a reasonable way;
28.		"normal working capacity" means the amount of electricity generated from the continuous water quantity line for a regular year (arithmetic mean values of a continuous series of as many years as possible for the current production of runoff);
29.		"State of the art" means the state of development of advanced techniques, facilities or modes of operation, which are based on the relevant scientific knowledge, and have been tested and proven to be functional. In the determination of the state of the art, in particular, those comparable methods, facilities or modes of operation are to be used which are the most efficient in achieving the objectives set out in § 4;
30.		"electricity produced from renewable energy sources" means electrical energy produced in plants using only renewable energy sources and the part of electrical energy corresponding to the share of biomass from hybrid or Mixed combustion plants, which also use non-renewable (conventional) energy sources, including electricity from renewable energy sources used to replenish storage systems, with the exception of electricity produced as a result of storage in storage systems;
31.		"support volume" means the funds resulting from the grant contributions plus the difference between the proceeds from the sale of green electricity to the transfer price and the market value of the green electricity sold (value of the green electricity to the average) Market price of the previous calendar year, to be published in accordance with § 20) per calendar year; in the volume of support, also the expenses to be paid to the green-current winding office pursuant to § 21 Z 2 and 3, as well as to the expenses to the countries contain funds to be deducted pursuant to Section 22b (6);
a)			"additional support volume", the share of the support volume from which this federal law in the version of the Federal Law Gazette (BGBl) is based on the entry into force of this federal law. I n ° 105/2006 is derived from the feed-in tariff available for the conclusion of contracts for the reduction of green electricity in a calendar year (countervable feed-in tariff);
32.		"transfer price" means the price to which electricity distributors are obliged to buy the green electricity assigned to them;
33.		"full-load hours" means the quotient of the expected annual green electricity generation divided by the congestion performance of the green electricity system;
34.		"counting point" means a measuring point for electrical variables identified by a unique alphanumeric name, by means of which a network operator allocates all the measured values relevant to the offsetting;
35.		"Certificates" means those certificates which are proof of the production and feeding into the public grid of electrical energy and are tradable.

(2) The definitions of the Electricity Economic and Organization Act (BGBl) shall also apply. I No 143/1998, as amended.

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

4a. § 8 (1) reads as follows:

" (1) The network operators whose networks are connected with recognised installations for the production of electricity based on renewable energy sources or cogeneration plants shall have the quantities of electrical energy fed into their network from these installations to the Plant operators shall issue a certificate at the request of the operator. The exhibition can be carried out by means of automation-assisted data processing. "

4b. § 8 (4) reads:

" (4) The operators of the green power plants and of CHP plants as well as the electricity traders, the electrical energy from green electricity plants as green energy or as electrical energy from CHP plants to another electricity trader or the green-current winding site , the purchaser shall, at the request of the purchaser, be obliged to leave the proofs of origin corresponding to the quantity sold (by means of automation-assisted data processing) free of charge and demonstrably to this purchaser. "

5. § 10 together with headline reads:

" Obligation to pay and pay

§ 10. The Eco-current winding station is obliged, in accordance with the available funds for green power plants, to supply the electrical energy offered to it from green electricity plants to the General Conditions and to the General Conditions approved in accordance with Section 18. from the following prices:

1.		from small-scale hydropower plants before the 1. Jänner 2008 will be re-erected or revitalised, to be amended by the BGBl Regulation. II No 508/2002 of the BGBl Regulation. II No 254/2005, without prejudice to the provisions of Section 10a. The purchase obligation for small-scale hydropower plants with a bottleneck capacity up to and including 1MW, which is before the 1. January 2008 has been re-erected or revitalised, after the expiry of the provisions of the BGBl Regulation. II No 508/2002 of the BGBl Regulation. II No 254/2005 for a subsequent period of 12 years on the market price as determined in accordance with § 20, minus the average cost of balancing energy of the ecocurrent processing unit in the last Calendar year for small-scale hydropower plants and other eco-current installations (excluding wind-power plant expenses in accordance with § 15 (4) per kWh). The obligation to purchase all small-scale hydropower plants with a bottleneck capacity up to and including 1 MW, which were granted before the first January 2003 of the permits required for the establishment, and which are not within the scope of the Regulation BGBl. II No 508/2002 of the BGBl Regulation. II No 254/2005 have been revitalised, as from 1 January 2005. Jänner 2009 for a subsequent period of 12 years only to the market prices published in accordance with § 20 minus the average cost of balancing energy of the eco-downstream processing unit in the last calendar year for each Small-scale hydropower plants and other green electricity plants (excluding wind power plants in accordance with § 15 (4) per kWh). The collection obligation for all other small-scale hydropower plants, which are before the 1. In 2003, the necessary authorisations for the installation were granted, ending on 31 December 2008;
2.		from other green electricity plants approved at first instance after 31 December 2002 and by 31 December 2004, to those covered by the BGBl Regulation. II No 508/2002, as amended by the BGBl Regulation. II No 254/2005, certain time limits and prices, without prejudice to the provisions of Section 10a. From the 14. Year after the installation of the plant, electrical energy from wind turbines shall be subject to a collection obligation up to and including the 25. Year after entry into service to the market price published in accordance with § 20, minus the average cost of balancing energy of the green-current winding station in the last calendar year for wind power plants (section 15 (4)) per kWh. For all other other green electricity plants, there is a purchase obligation from the 14. Year after commissioning of the plant up to and including 25. Year after the installation of the plant to the market price published in accordance with § 20, less the average cost of balancing energy of the eco-current winding station in the last calendar year for small hydropower plants and other Eco-electricity installations (excluding wind-power installations in accordance with § 15 (4)) per kWh;
3.		from small-scale hydropower plants, which are based on the 1. January 2008 went into operation or after 1. 1 January 2008, at the prices determined by the Regulation in accordance with Article 11 (1); the obligation to accept these prices shall be for a period of at least 10 years from the date of entry into service of the plant, without prejudice to the Determination of § 10a. After the expiry of the period specified in the regulation for a subsequent period of 12 years, the obligation to purchase small-scale hydropower plants with a bottleneck capacity of up to and including 1 MW shall only be subject to the conditions established in accordance with § 20. Market prices minus the average cost of balancing energy in the last calendar year for small-scale hydropower plants and other green-current installations (excluding wind-power installations) in accordance with § 15 (4) per kWh. The discharge obligation for all other small-scale hydropower plants shall end with the time limit laid down in the Regulation;
4.		from other green electricity plants approved after 31 December 2004, or in accordance with the provisions of the BGBl Regulation. II No 508/2002 idF BGBl. II No 254/2005, and for which a contract is concluded by 31 December 2011 on the reduction of green electricity from the green-current winding office, at the prices determined by regulation (§ 11 (1)) . The acceptance obligation for these prices consists for a period of 10 years, calculated from the commissioning of the plant; in the 11. Year of operation is a claim for payment of 75 vH of this price; in the 12. The following year shall be entitled to payment of 50 vH of this price, without prejudice to the provision of § 10a. Should that be so for the 11. and 12. The price shall be lower than the market price published in accordance with § 20, and the asset operator shall be entitled to pay at the level of the market price in accordance with the provisions of Article 20 of the present Regulation. § 20. From the age of 13 Year, wind turbines will be subject to an acceptance obligation up to and including 24. Year on the market price published in accordance with § 20 minus the average cost of balancing energy of the ecopower plant in the last calendar year for wind power plants (§ 15 para. 4) per kWh. For all other other green electricity plants, there is a purchase obligation from the 13. up to and including the 24. Year on the market price published in accordance with § 20, minus the average cost of balancing energy of the ecocurrent winding site in the last calendar year for small-scale hydropower plants and other green electricity plants (excluding the Expenditure on wind power plants pursuant to § 15 (4) per kWh;
5.		for green electricity plants not covered by Z 1 to 4 and 6, excluding hydropower plants with more than 10 MW of congestion and electricity generation plants based on animal meal, waste liquor, sewage sludge, on the market price published in accordance with Section 20, in the case of wind turbines, minus the average cost of balancing energy in the last calendar year for wind power plants (section 15 (4) per kWh), in all other green electricity plants less the Average cost of balancing energy of the green-current winding site in the in each case last calendar year for small-scale hydropower plants and other green-current installations, with the exception of the expenditure on wind turbines (section 15 (4)) per kWh, provided that no price is fixed in accordance with § 11. The purchase obligation ends with all the green electricity plants, 24 years after the commissioning of the green electricity system;
6.		from other green electricity plants, for which there is still an obligation to take on the acceptance in accordance with Section 30 (3) (Altanlagen), to the provisions of Section 30 (3). After the expiry of the time limits pursuant to § 30 (3) for the grant of the income rate, there is an acceptance obligation for another 12 years at the market price in accordance with § 20 minus the respective expenses for balancing energy within the meaning of Z 2 and 4;
7.		The Eco-current winding station has the green electricity system operators who receive funding under this federal law for at least three months before they expire in accordance with the BGBl Regulation. II No 508/2002 of the BGBl Regulation. II No 254/2005, pursuant to Section 30 (3) or the Regulations to be adopted pursuant to Article 11 (1), an offer to the immediately continued further decrease of the periods specified in Z 1 to Z 4 and 6 at the market price in accordance with § 20 minus the respective Expenditure on balancing energy shall be submitted. Upon acceptance of the offer by the green electricity system operator, the green-current winding office shall conclude a corresponding contract on the acceptance. "

6. According to § 10, the following § 10a (1) to (4) and the heading are inserted:

" Restrictions on acceptance

§ 10a. (1) Electrical energy, which is produced with waste liquor, animal meal, sewage sludge or by hydropower plants with a bottleneck output of more than 10 MW or for which a cost replacement according to § 13 is excluded, is exempt from the acceptance requirement in accordance with § 10. is taken. In addition, there is no obligation to accept installations according to § 10 Z 4 on the basis of solid biomass, which do not have any measures to avoid fine dust. For electrical energy from photovoltaic systems, there is a requirement for acceptance in accordance with § 10 Z 2 only up to the nationwide total size of 15 MW. In addition to this extent, there is an obligation to accept electrical energy from photovoltaic systems only at the prescribed prices if these are in accordance with the characteristics of § 10 Z 4 and if the conditions set out in paragraph 9 are fulfilled. In the case of hybrid or mixed combustion plants, the obligation to purchase is limited to the share of renewable energy sources used, which corresponds to the percentage of green electricity fixed in the notification of recognition.

(2) The collection obligation pursuant to § 10 is only possible if all the electrical energy emitted from an ecosystem in the public grid is delivered to the ecocurrent winding site in a period of at least 12 calendar months. and the operator of the facility is a member of the Ökobilanzgruppe according to § 16 (1), whereby the self-consumption is to be deducted. In the case of installations for the production of electrical energy from photovoltaics, which are constructed in connection with buildings and do not exceed an installed capacity of 20 kW, there is a duty to decrease even if that is the case in accordance with paragraph 1. has been exceeded, or the conditions set out in paragraph 9 have not been met. In these cases, however, the price estimates determined by regulation shall not be applied unless a grant is provided in accordance with Section 30 (4).

(3) The supply of electrical energy to the public network of several installations for which different price approaches are used shall be followed by only one point of transfer (counting point), and shall be based on the composition of the feed in accordance with the The share of each plant shall be deemed to be in the total production of the calendar month, unless the operator of those installations explicitly states the origin of the energy from a particular installation, for example by means of stoppage protocols of individual installations, or Switching states of these systems.

(4) The obligation to contract the green-current winding station in accordance with § 10 Z 4 shall consist only of the extent to which the contraction of the feed-in tariff volume is not exceeded for new, in-service green-current installations. If the contractible volume of feed-in tariff has not been used up, provision should be made for each category of plant (§ 21b) to form provisions which, in the following calendar year, shall be the countervailable feed-in tariff volume of the individual plant categories. in accordance with the ratio of the percentages referred to in Article 21b. "

6a. (constitutional provision) § 10a is added in accordance with paragraph 4 of the following paragraph 5:

" (5) (constitutional provision) The prices for the decrease in green electricity are determined by the prices prescribed at the time of the conclusion of the contract. In addition, the approved General Terms and Conditions shall apply. If it is not possible to find the long-range with the contractible volume of feed-in tariffs, the green-current winding site for the reduction of green electricity is only required from those green power plants for which it is responsible for the utilization of the contrasting environment. Feed-in tariff volume an application (Anbot) to contract conclusion on the decrease of green electricity has been granted. The application (the offer) for the conclusion of a contract for the acceptance of green electricity has to be made on the basis of the general conditions approved in accordance with § 18. In the general conditions, it can be provided that applications (anbotes) are to be introduced and processed with the assistance of automation-supported data processing. The application shall be accompanied by the communication referred to in § 7 and proof of all the permits or indications necessary for the establishment of the installation. Incomplete applications are not to be taken into account in the case of loss of precedence, whereby the applicant must be informed of this fact in writing. Applications for the conclusion of a contract, the acceptance of which would result in an exceeding of the contractable feed volume, shall not be accepted. If, at the same time, incoming applications exceed the limit specified by the contractible feed-in tariff volume, the lot shall decide. If an installation is not put into service within 24 months from the date of acceptance of the application, the contract shall be deemed to be dissolved in respect of ecoenergy, unless the applicant makes it credible that the reasons for this are not in his or her own right. Influence area. The countervailable feed-in tariff volume released from the dissolution of this contract shall be attributed to the contractible feed-in tariff volume of the respective category in the current calendar year. "

6b. § 10a is added to the following paragraphs 6 to paragraph 8 in accordance with paragraph 5:

The quantities relevant to the determination of the volume of support shall be determined by multiplying the bottleneck rate contained in the notification of recognition by the average annual number of the green electricity plant. Full-load hours. These will be

1.		Biogas plants with 6 500 full-load hours;
2.		Green electricity systems based on solid or liquid biomass with 6 000 full-load hours;
3.		Wind turbines with 2 300 full-load hours;
4.		Photovoltaic systems with 1 000 full-load hours as well as
5.		Other green power plants with 7 250 full-load hours
determined.

(7) In the event that a contract for the reduction of green electricity is not concluded with an operator of an ecosystem in accordance with paragraph 6 (1) (1) to (5) as a result of the exhaustion of the contractible feed-in tariff volume, the applicant shall be entitled to: The calendar year shall conclude a contract for the acceptance of green electricity, taking into account the amount of the order resulting from the date of application, the contract being the prices and other general conditions of the ecobilance group responsible at the time of acceptance of this application (conclusion of the contract) by the To be able to use ecobilance groups responsible. In such a case, the operator shall be free to withdraw his application. In any event, the application shall expire after the end of the following year. In any case, a claim to the conclusion of a contract concerning the decrease in green electricity will no longer exist from that point in time at which the feed-in tariff volume for new plants running until 2011 has been exhausted.

(8) The "Ökodownstream winding station" shall be obliged to register the contractible volume of feed-in tariffs still available, differentiated according to the category of plant according to § 21b and to be published on an ongoing basis (up-to-date). "

7. (constitutional provision) § 10a is added in accordance with paragraph 8 of the following paragraph 9:

" (9) (constitutional provision) The obligation to purchase electrical energy from photovoltaic systems in accordance with § 10 Z 4 has the condition that 50 vH of the expenditure required for the reduction of electrical energy is borne by the country in which the Photovoltaic system has been built. "

9. § 11 together with headline reads:

" Remuneration

§ 11. (1) The Federal Minister for Economic Affairs and Labour, in agreement with the Federal Ministers for Agriculture, Forestry, Environment and Water Management and for Social Security, Generations and Consumer Protection, has, by means of a Regulation, prices per kWh for the reduction of electrical energy from small hydropower plants and other green electricity systems for which there is a duty of acceptance and remuneration in accordance with § 10 Z 3 and 4. The prices have to be based on the average production costs of cost-efficient plants, which correspond to the state of the art. A distinction must be made between new and old installations when different costs are available or if public funding has been granted. The prices shall be determined in dependence on the various primary energy sources, taking into account technical and economic efficiency. The price determination also ensures that the projects are able to benefit from the projects at the most efficient locations. They can contain further differentiations, such as bottleneck performance or annual electricity production. A temporal differentiation by day/night and summer/winter in the sense of § 25 ElWOG is permissible. A differentiation according to the bottleneck performance of the green power plants and within the plant categories based on biomass or waste with a high biogenic share as well as on the basis of biogas by energy carriers and substrates, as well as according to other Special technical specifications shall be permitted. The Regulation may also provide for minimum requirements with regard to the technologies to be used, with the minimum requirements to be met by the state of the art. In the case of installations based on solid or liquid biomass or waste with a high biogenic share, on the basis of biogas and in the case of mixed combustion plants, a fuel utilization rate of at least 60% shall be provided for in the Regulation. The Regulation can determine higher levels of fuel use if, on the basis of the nature of the plant type, it is based on the state of the art and the optimal use of the primary energy used (energetic). (degree of use) is economically reasonable. For the calendar year 2006, prices shall be redetermined, for the following calendar years, a reduction shall be made in respect of the respective previous year's values, which shall be redetermined annually (annual degressivity). The Regulation provides for green electricity plants based on solid biomass for which a feed-in tariff according to the BGBl Regulation is applied. II No 508/2002 also provides for combined support for electrical energy and heat if the previous maximum level of support is not exceeded. The maximum amount of support is determined from the product of the amount of electrical energy fed in the first twelve months after the full operation has been taken up and the feed-in tariff granted minus the market price. § 20 shall apply mutatily. The maximum amount of support is also limited with a full load number of 6 000 hours on the basis of this calculation. The rate of support for the heat is to be calculated per performance class with the formula

WT = ET/4, 4-WP
WT support tariff for heat in Cent/kWh
ET-guaranteed feed-in tariff in Cent/kWh
WP-Heat price in Cent/kWh.

(1a) In a calendar year with the limit of the average total cost burden contained in Section 22b (5) for small hydropower plants, the length of the total cost of the year shall not be found, the following calendar year shall be the one in each of the following calendar years. the prices for small-scale hydropower plants to be applied before the first In 2003, the approval required for the installation has been granted and, after that date, no investment measures with an at least 15% increase in electricity output have been set, to be reduced, with the aid of The difference shall be reduced in the same proportion as the price minus the market price.

(2) The prices are to be designed in accordance with the objectives of this federal law in such a way that an increase in the production of electrical energy from green power plants is carried out continuously. In order to ensure investment security, provision should be made for a minimum period of ten years for which the fixed tariffs are to be applied from the start of operation of the respective green-electricity system.

(3) In the determination of the average production costs, a rationally managed company is to be disposed of, which finances the investment in financial market conditions. Account shall be taken of the service life, the investment costs, the operating costs, the appropriate return on the capital used and the quantities of electrical energy produced annually. National and international experience shall be taken into account in the collection of these costs. The confidence of investors in applicable tariffs should be taken into account when new tariffs are set. Reactivated or renewed green power plants shall be deemed to be new plants if the installations have been renewed in substantial parts. An essential renewal shall be provided if the cost of renewal is at least 50% of the cost of a new investment of the overall plant.

(4) Ecocurrent from hybrid or mixed combustion plants shall be removed and remunerated in accordance with the percentages fixed by the recognition decision. If the percentages fixed in the notice of recognition are not complied with in accordance with the documentation produced, the Ecodownstream Development Office shall, after agreement by the Governor of the Land, repay the remuneration for the past year and shall be paid in accordance with the documentation. Differences are to be compensated with the following remuneration. If compensation is not possible, the Landeshauptmann has to oblige the operator with a decision to release the additional revenues. The additional revenue shall be determined by the difference between the fixed prices and the market price as last published by Energie-Control GmbH at the time of the decision in accordance with § 20. The multiple proceeds shall be added to the account in accordance with § 23.

(5) The Federal Minister for Economic Affairs and Labour may, in order to determine the facts of interest for the determination of prices and allowances, also contribute in particular to experts who are the Federal Ministry of Economics and Labour and the Federal Ministry of Economics and Labour. Energie-Control GmbH is available. "

10a. The title of the second part, 2nd section is:

"Electrical energy from CHP plants and medium hydroelectric power plants"

10b. § 12 with headline reads:

" Promotion of CHP energy

§ 12. (1) Promotion of the generation of electrical energy produced directly and efficiently maximised as a coupling product in the production of district heating, from existing or modernised combined heat and power plants (§ 13) is only available at: the condition shall be that:

1.		the operation of the public district heating system, and
2.		A saving of primary energy use and CO2 emissions compared to separate electricity and heat generation is achieved.

(2) In the case of new cogeneration plants with a bottleneck capacity of more than 2 MW, a support shall be permitted even if it is used for the production of process heat, the other requirements contained in paragraph 1 are met and the provisions of section 13 (2) are met. Efficiency criteria are met. The promotion of new CHP plants is also permitted if the energy sources are at least partially used for waste, sewage sludge or waste liquor. The inclusion of room heat is permitted, provided that the public district heating supply or production of process heat predominates. The aim of this funding is to support the construction of new CHP plants to the extent of 2000 MW (electric) up to 2014.

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

1.		up to a bottleneck capacity of 100 MW, an investment grant of 100 Euro/kW bottleneck power,
2.		From a bottleneck output of more than 100 MW to 400 MW in the amount of 60 Euro/kW congestion capacity and
3.		From a bottleneck output of 400 MW to a maximum of 40 euro/kW of bottleneck power,
where the volume of investment and the amount of aid to be covered by the investment grant is to be proved by the settlement agency for investment grants (§ 13c). The determination of the amount of the supply needs shall be based on the costs required for the establishment and management of the goods and on the revenue to be expected from an economic management. The calculation of the profitability according to paragraph 6 shall be based on a return on the capital employed in the amount of six per cent. In the determination of the proceeds to be expected, the average of the last available EEX-Forwardprizes (if they are no longer available, if possible similar values) shall be used for the three calendar years from the date of preparation of the opinion. In addition, actual heat revenues must also be taken into account.

(4) The granting of the investment grant has the condition that no further funding will be used for the establishment and operation of the cogeneration plant. Where the Commission has established harmonised efficiency reference values in accordance with Article 1 of Directive 2004 /8/EC on the promotion of cogeneration based on a useful heat demand, compliance with these criteria shall be another A prerequisite for granting investment grants. Commitments for investment grants shall be subject to the conditions laid down and subject to the condition of the existing support funds (para. 5). The investment grant must be paid out with the full operation of the facility and the audit of the final accounting documents submitted. The final settlement shall be confirmed by an auditor.

(5) The financial support to be provided for the granting of investment grants by cogeneration is limited for the period 2006 to 2012 with a total of EUR 60 million. Of these funds, 30% are to be used for the promotion of cogeneration plants that are used industrially, and 70% are to be used to promote CHP plants that are not used industrially. In so far as the funds collected for the promotion of existing cogeneration plants for the calendar years 2003 to 2005, which were not required to cover the additional costs of the operators of cogeneration plants pursuant to § 13, are not found to be long-lasting may be included in the surcharges referred to in Article 13 (10), or Provision should be made for a percentage of the total number of points to be used to cover the appropriations required for the investment grants. Applications for investment grants shall be submitted after the date of their entry and shall be dealt with in the order in which they are received.

(6) Applications for grant of investment grants shall be between 1 January 2007 and 30 September 2012 in writing to the resolution office for investment grants. Assurances regarding the granting of investment grants may be made in accordance with the provisions of paragraphs 4 and 5 to 31 December 2012. Applications shall be those relevant to the establishment of the annexes, which are accessible, authorisations or authorisations, a compilation of the investment costs and an economic calculation according to the dynamised To connect the capital value method. The economic calculation shall be subject to the investment grant required for a rate of interest in accordance with paragraph 3. The economic calculation for the determination of the maximum possible investment grant shall be based on a lifetime of the installation of 15 years. The Federal Minister of Economics and Labour has to secure the investment grant under the conclusion of a contract if the conditions are met and the recommendation of the Advisory Board is taken into account. The financial statement of the investment grant needs to be updated after presentation of the final accounting documents on the level of investment and-also confirmed by an auditor-of the settlement body for the To submit investment grants in writing. Misleading information leads to a loss of entitlement to investment grant. Are the funds earmarked for the granting of investment grants (para. 5), an investment grant may not be granted. "

Article 13 (1) to (9) together with the title shall read:

" Cost replacement for CHP energy

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

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

2/3 *W/B + E/B ≥ 0.6

W = heat quantity (kWh), which is delivered to the public district heating network or used economically as process heat
B = Total fuel consumption in kWh
E = electrical energy (kWh) emitted to the public electricity grid or measured at the generator terminal.
The calculation of the efficiency criterion shall be carried out on a monthly basis per plant or per operator. Consideration should be given to a total energy policy with regard to greenhouse gas reductions.

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

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

(5) The promotion of existing combined heat and power plants is limited to 31 December 2008. For modernised combined heat and power plants, this period ends with the end of 31 December 2010.

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

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

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

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

10d. § 13 (10) reads as follows:

" (10) (constitutional provision) The financing of the additional costs for combined heat and power plants shall be financed from the date specified in section 32a (4) by the counting-point flat rate in accordance with § 22a. Of these, funds of EUR 60 million shall be made available for the granting of investment grants in accordance with Section 12 (3). Of these funds, 30% are to be used to promote CHP plants that are used industrially and to use 70% for the promotion of CHP plants that are not used industrially. In 2003 and 2004, the cogeneration surcharge may not exceed 0.15 cents/kWh and, in 2005 and 2006, a maximum of 0.13 cent/kWh. In 2007 and 2008, a maximum of € 54.5 million may be required. In 2009 and 2010, EUR 28 million will be made available for the support of CHP plants in accordance with § 22a on the basis of the lump-sum total of EUR 28 million. From the date referred to in section 32a (4), the withdrawal of a cogeneration in Cent/kWh shall be inadmissible. After 31 December 2008, there will be no support for existing combined heat and power plants, which will not be supported after 31 December 2010. After 30 September 2012, no applications for investment grants for new combined heat and power plants can be submitted. Can be used with the surcharges or The support provided for in paragraph 1 shall be reduced proportionately for all existing and modernised installations by means of the funds to be applied from the counting-point flat-rate packages. "

10e. § 13 (11) and (12) are:

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

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

10f. According to § 13, the following § § 13a to 13d together with the headings are inserted:

" Investment grants for electrical energy from medium-sized hydropower plants

§ 13a. (1) Funnel from medium-sized hydropower plants, the construction of which takes place between 1 July 2006 and 31 December 2013 and which is to be put into service by 31 December 2014 at the latest, shall be sent to the settlement body for written application for Investment grants, in accordance with the available resources, an investment grant of up to 10% of the investment volume directly required for the establishment of the installation (exclusive property costs), but not more than one Investment grant of 400 euro/kW of bottleneck performance and a maximum of 6 million euros for A medium hydropower plant. The investment volume of the facility for which an investment grant is requested and the funding requirements shall be determined by an expert opinion from an independent expert to be determined by the governor. The provisions of section 12 (6) concerning the application of the application to the resolution point for investment grants shall apply mutagenly, with the proviso that in the case of medium hydropower plants in the case of electrotechnical plant parts from a service life 25 years in which the other parts of the plant are expected to have a life span of 50 years, an accumulated volume of up to EUR 50 million is available for investment grants for the years 2006 to 2012, and applications are made available for Grant of investment grants after the date of their entry, and shall be treated. The grant of the investment grant has the condition that no further funding is required for the establishment and operation of the hydroelectric power station, with the exception of grants from the Disaster Fund. The determination of the amount of the supply needs shall be based on the costs required for the establishment and management of the goods and on the revenue to be expected from an economic management. It is assumed that the capital employed will be less than six per cent. In the determination of the proceeds to be expected, the average of the last available EEX-Forwardprizes (if they are no longer available, if possible similar values) shall be used for the three calendar years from the date of preparation of the opinion. The aim of this funding is to support the construction of new hydropower plants to the extent of 150 MW up to 2014. The funds necessary for the grant of the investment grant shall be made up of the amounts raised by the collection of the lump sum, with only a maximum amount of EUR 10 million per calendar year. The investment grant must be paid out with the full operation of the facility and the audit of the final accounting documents submitted. The final settlement shall be confirmed by an auditor. If the volume accumulated for investment grants has been exhausted, further investment grants will not be granted.

(2) Applications referred to in paragraph 1 shall be submitted in accordance with the date referred to in Article 32a (3) and until 30 September 2012 at the latest. The payments to be made by the settlement office pursuant to § 13c. 1 to the judges of the installations referred to in paragraph 1 shall be made by the Federal Minister for Economic Affairs and Labour for the respective installation in the presence of the conditions and under Acceptance of the recommendation of the Advisory Board pursuant to § 13b under the conclusion of a contract. Applications for the grant of the investment grant shall be accompanied by all the relevant data and documents necessary for the assessment of the facts, in particular the quantities of electricity fed into the public network, which shall be: The date of the initiation of the installation and the date of entry into service shall be demonstrated by means of appropriate documentation.

Advisory board for investment grants

§ 13b. To advise the Federal Minister of Economics and Labour in the preparation of the guidelines pursuant to § 13d as well as in the decision to grant investment grants pursuant to § 12 and § 13a, an advisory board is to be set up (§ 26b Energy-Regulatory Authority Law-E-RBG, BGBl. I n ° 121/2000, as amended by the Federal Law BGBl. No 105/2006).

Resolution point for the granting of investment grants

§ 13c. (1) The implementation of the grant of the investment grants under this Federal Act is to be entrusted to Kommunalkredit Public Consulting GmbH as a settlement body. The prerequisite for the betrauung is that the Federal Minister of Economics and Labour has a contract for the content-related development of the settlement. The contract requires the agreement of the Federal Minister of Finance.

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

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

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

(4) The transactions shall be carried out with the care of a prudent businessman. A separate accounting system must be carried out for the purpose of carrying out the promotion.

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

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

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

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

(9) If a contract with Kommunalkredit Public Consulting GmbH does not come into effect in accordance with paragraph 1, or if the contract concluded in accordance with paragraph 1 with Kommunalkredit Public Consulting GmbH has not been concluded, the Federal Minister of Finance has no agreement. Federal Minister for Economic Affairs and Labour to write out the activities of a resolution body responsible for the implementation of the grant of investment grants under this Federal Act and to apply the provisions for Service concessions to be awarded to the best tenderers. With regard to the contractual content-related design of the settlement, paragraph 1 shall apply mutacally.

(10) The costs associated with the settlement of the investment grants shall be partially covered by the funding pursuant to § 13 (10) and § 13a (1) in conjunction with Section 22a (1) for CHP plants and for medium-sized hydropower plants.

Guidelines for the granting of investment grants

§ 13d. (1) The Federal Minister for Economic Affairs and Labour has to adopt guidelines for the implementation of the grant of investment grants.

(2) The Directives shall in particular contain provisions on:

1.		the subject of the investment grant;
2.		eligible investment costs;
3.		personal and factual conditions for obtaining investment grants;
4.		proof of the energy efficiency of the project;
5.		-where necessary, the procedure for the award of benefits by the recipient of the investment grants;
6.		the extent and nature of investment grants;
7.		the procedure
a)			Request (type, content and equipment of the documents);
b)			Payout mode;
c)			Reporting (control rights);
d)			the setting and recovery of the investment grants awarded;
8.		the place of jurisdiction.

(3) The technical guidelines shall in particular contain provisions relating to:

1.		Principles of project planning and advance services;
2.		the scope and nature of the planning documents, including the variation studies;
3.		Implementation, control, settlement and final inspection;
4.		Operational measures and maintenance measures, as well as ensuring the effectiveness of installations.

(5) When the directives are released, the agreement shall be established with the Federal Minister for Finance and the Federal Minister for Agriculture, Forestry, the Environment and Water Management. The guidelines are to be published in the "Official Journal of the Wiener Zeitung". This declaration may be replaced by the announcement of the release of the directives, stating the place of its existence in the "Official Journal of the Wiener Zeitung". The European Commission must be informed in accordance with Article 88 (3) of the EC Treaty prior to the authorisation of these directives. Before the conclusion of the procedure laid down in Article 88 of the EC Treaty, investment grants may not be granted. "

10g. The headline of the 3. Part is:

" 3.Part

Eco-downstream Unit "

11. § 14 together with the title is:

" Exercise requirements

§ 14. (1) The purchase and sale of green energy, for which an acceptance obligation is determined in accordance with § 10 of the Ecoelectricity Act ("Ökodownstream winding station"), requires a concession. The concession is to be granted by the Federal Minister for Economic Affairs and Labour for the entire Federal territory.

(2) The concession shall be given in writing and may be provided with the conditions and conditions necessary to ensure the tasks of the Eco-Fdownstream Unit. The ecosystem is obliged to set up an ecobilance group for each control zone.

(3) The provisions relating to the tendering of service concessions shall apply. "

11a. According to § 14, the following § § 14a to 14e are inserted:

" Application

§ 14a. The applicant shall attach the following documents to the application for a concession:

1.		the information on the seat and the legal form;
2.		the Articles of Association or the Social Contract;
3.		the business plan, which will result in the organizational structure of the company and the internal control procedures; furthermore, the business plan shall include a budget preview for the first three financial years;
4.		a description of the technical and organisational infrastructure available;
5.		a proof of at least three years of practical experience in road map and balance sheet management;
6.		the amount of the initial capital freely available to the national board of management, without any burden on the free available capital;
7.		the identity and the amount of the ownership of the owners holding a qualifying holding in the undertaking and the disclosure of the group structure, provided that such owners belong to a group;
8.		the names of the proposed board members and their qualification for the operation of the company.

Concession

§ 14b. (1) The concession for the "Ökodownstream winding station" (§ 14) shall be given in writing by the Federal Minister of Economics and Labour for all control zones and can be fulfilled with the necessary to ensure the tasks as well as their cost-efficient fulfillment. necessary conditions and conditions.

(2) A concession for the performance of the activities of an Eco-current winding station (§ 14) may only be granted if:

1.		the concessionaire who is responsible for the Federal Law BGBl in the version of the German Federal Law on Ecoelectricity. I No 105/2006 is capable of carrying out tasks inexpensively and safely in order to carry out the tasks;
2.		the persons holding a qualifying holding in the undertaking which, in the interests of a sound and prudent management of the undertaking, satisfy the claims and which do not conflict with the objectives and purposes of a conflict of interests of the Ecoelectricity Act;
3.		by close links between the undertaking and other natural or legal persons, the supervisory authorities shall not be prevented from the proper performance of their duty of supervision;
4.		the initial capital amounts to at least EUR 5 million and is freely available to the directors without any burden, and through the material and human resources of the company, the management and administration of the company to the best possible conditions;
5.		in the case of none of the board members, there is no reason for exclusion within the meaning of Section 13 (1) to 6 (6) of the Regulation;
6.		has been instituted against no board of directors for a preliminary judicial investigation on the grounds of an intentional act threatened with more than one year of imprisonment, until the legal force of the decision which ends the criminal proceedings;
7.		the board of management is technically suitable for the reason of their educational background and have the necessary characteristics and experience for the operation of the company. The professional competence of a board of directors requires that it has sufficient knowledge of support mechanisms, EU aid and support schemes and the accounting of green electricity as well as management experience; the professional suitability for the management a settlement body shall be accepted if there is evidence of at least three years of managerial activity in the electricity sector or in the accounting field;
8.		at least one board is at the centre of its life interests in Austria;
9.		No Board of Management exercises any other main occupation outside the Company, which is likely to cause conflicts of interest;
10.		the seat and the head office are located in the territory of the country;
11.		if the settlement system at its disposal meets the requirements of a timely billing system;
12.		ensuring neutrality, independence and data confidentiality to market participants and efficient regional processing, and effective regional development through at least one regional settlement point for the regulatory zones, where the company does not have its seat.

(3) In the case of a number of requests for concession, the concession shall be granted to the concessionaire who is responsible for the conditions of concession and the economic interest in a functioning electricity market and for the purposes of the concession. Ecostromgesetz is in the best possible way.

Concession Withdrawal

§ 14c. (1) The Federal Minister for Economic Affairs and Labour may withdraw the concession if the Eco-current winding station is to carry out its activities

1.		does not take up within six months of the concession or concession
2.		does not apply for more than one month.

(2) The Federal Minister for Economic Affairs and Labour has to withdraw the concession if:

1.		it has been caused by incorrect information or by deceptive actions, or has otherwise been made scary,
2.		The ecosystem does not fulfil its obligations to its creditors;
3.		a concession requirement under section 14b (2) no longer exists after the concession has been granted, or
4.		the Eco-current winding station does not fulfil its tasks in a way that is sustainable and in accordance with the proper regulations.

Quenchment of the concession

§ 14d. (1) The concession shall be issued:

1.		through time-lapse;
2.		at the entry of a resolving condition;
3.		with their deferment;
4.		with the termination of the liquidate of a concession holder;
5.		with the opening of the bankruptcy procedure on the assets of the green-current winding office

(2) The extinguisher of the concession shall be determined by the Federal Minister for Economic Affairs and Labour.

(3) The deferment of a concession (para. 1 Z 3) is only allowed in writing and only if previously the management and administration of the ecosystem were taken over by another green-current winding site.

Change in participation conditions

§ 14e. (1) Any person who intends to hold a qualifying holding directly or indirectly in an ecosystem shall have previously notified the Federal Minister of Economics and Labour in writing, indicating the amount of that participation.

(2) Any person who intends to increase his qualifying holding in an ecosystem such that the limits of 20 vH, 33 vH or 50 vH of the voting rights or of the capital are reached or exceeded or that the It has previously been notified to the Federal Minister for Economic Affairs and Labour in writing that the site will be its subsidiary.

(3) The Federal Minister of Economics and Labour has to prohibit the intended participation within three months of an ad pursuant to paragraph 1 or 2 if the conditions specified in § § 14a or 14b do not exist. If the participation is not prohibited, the Federal Minister for Economic Affairs and Labour may require an appointment by which the intentions referred to in paragraphs 4 and 5 of this Article must be fulfilled.

(4) The disclosure requirements referred to in paragraphs 1 and 2 shall apply in the same way to the intended task of qualifying a qualifying holding or under the limits set out in paragraph 2 for participation in an eco-current winding site.

(5) The Federal Minister for Economic Affairs and Labour shall immediately inform the Federal Minister for Economic Affairs and Labour of any acquisition and task of shares and of any reaching and exceeding the limits of the participation limits within the meaning of paragraphs 2 and 4. in writing, as soon as it becomes aware of it. In addition, the "Ökodownstream winding office" has to inform the Federal Minister of Economics and Labour at least once a year in writing of the names and addresses of the shareholders who hold qualifying holdings. "

12. § 15 together with the title is:

" Tasks of the Eco-downstream Unit

§ 15. (1) The tasks of the Eco-downstream Unit are:

1.		To remove the green electricity in accordance with § § 10 and 10a on the prices determined in accordance with § 11;
2.		conclusion of contracts
a)			with the other accounting groups responsible, regulatory zone guides, network operators and electricity companies (producers and distributors);
b)			with facilities that produce indices for the purpose of data exchange;
c)			with suppliers (producers and distributors), network operators and balance-sheet groups responsible for the transfer of data;
3.		the quantities of electrical energy acquired in accordance with Z 1, in accordance with the applicable market rules for electricity traders, to the extent that they supply domestic consumers against the transfer prices in accordance with § 22b, para. 2 and 3, on a daily basis. The allocation shall take the form of timetables to the respective balance sheet group in which the electricity dealer is a member, in proportion to the quantities of electricity delivered to final consumers in the control zone per calendar month. The billing authorities have to provide the necessary data for automation. For the respective calendar month, the rate shall be calculated after the month, which is three months. The value of the first full month shall be used in the case of newly entering electricity traders.
4.		to ensure that in each eco-balance group the share of green energy is equal to the final consumption and the application of the funds in accordance with § 19 to the eco-balance groups in accordance with the share of the final consumption of the shall be distributed to the regulatory zone corresponding to the Ökobilance Group, in which case the compensation shall not be included in quantities which are promoted on the basis of any surcharges made by the provincial capitals pursuant to Article 30 (4);
5.		the preparation of forecasts of the electric energy fed in in the future and the derivation of schedules of the electric energy (§ 10) and their allocation to electricity traders. In doing so, account should be taken of the smallest possible seizage of balancing energy;
6.		Compliance with the market rules.

(2) The Federal Minister for Economic Affairs and Labour and Energy-Control GmbH have to provide the Federal Minister for Economic Affairs and Labour with all the data necessary for their supervisory activities. In addition, the provision of § 47 ElWOG shall apply mutasensitily. It has the energy-control GmbH to provide the data required for the establishment of a register database for guarantees of origin in electronic form.

(3) The ecosystem shall take all the organisational arrangements necessary to fulfil its tasks. It performs the function of the accounting group responsible (Ökobilanzgruppenaccountable) and has an ecobilance group for each rule zone.

(4) The ecosystem is obliged to make full use of all possibilities of minimising the costs of the balancing energy. It is empowered to take all the necessary measures to comply with the timetables, including in particular the sale and sale of electrical energy. It shall present an assessment of the costs of compensating energy required for wind turbines in the balance sheet separately.

(5) The ecosystem shall be subject to the control of the Court of Auditors, irrespective of the ownership of the site. "

13. § 16 (2) reads:

" (2) The balance group coordinator shall not charge a clearing fee for the Ökobilanzgruppe, and no collateral shall be deposited at the clearing houses. The ecosystem shall be exempt from charges for use of the network or for network losses, in particular in the case of timetables exceeding the rules. "

15. § 18 (3) reads:

"(3) The authorisation shall be granted, where appropriate under the terms of conditions, conditions and deadlines, where the General Terms and Conditions are appropriate for the performance of the tasks defined in § § 10, 15 and 16 (3)."

16. § 19 (1) reads:

" (1) The electricity traders are obliged to purchase the electrical energy assigned to them (§ 10) and the green-current winding office at any rate the amount of the transfer price for other green electricity in accordance with § 22b para. 3 and the Transfer price for electricity from small-scale hydropower plants according to § 22b (2) for the respective quantities of electrical energy to be paid monthly. Timetables, which are to be carried out via the respective balance group responsible, shall be drawn up in order to minimise the costs of balancing energy and to be taken over by the accounting group responsible. "

17. § 19 (2) deleted.

18. § 19 (3) is given the name "2" .

19. § § 20 and 21 together with headline are:

" Market Price

§ 20. At the end of each quarter, Energie-Control GmbH has to calculate and publish the average market price of basic electrical load energy. This value is calculated as the arithmetic average of the prices fixed by the European Energy Exchange (EEX) for the next four consecutive basic-load quarterly futures (Baseload Quarter Futures). For the purpose of the investigation, the corresponding quotations of the last five trading days of the immediately preceding quarter shall be taken up. If these are no longer published by EEX, then comparable quotations of EEX or any other relevant power exchange shall be used.

Diversion of the additional costs of the green-current winding site

§ 21. The following additional expenses shall be deducted from the green-current winding station, taking into account a reasonable interest in the capital used within the meaning of Section 14b (2) (2) (4):

1.		Difference amounts resulting from the proceeds from the sale of electrical energy from small-scale hydropower plants and other green electricity plants (§ 22b) and from the prices determined in accordance with Article 11;
2.		administrative and financial expenses related to the performance of the tasks of the Oeko-de-winding site; and
3.		the cost of the balancing energy.
The Federal Minister of Economics and Labour, in the context of his supervisory function, has to examine the aforementioned expenses and to acknowledge them with communication. "

20. According to § 21, the following 3a. Part inserted:

" 3a. Part

Transport volume

Contractible feed-in tariff

§ 21a. For new green power plants in operation (§ 10 Z 4), the contractible volume of feed-in tariffs is derived from the additional support volume (§ 5 Z 31 lit. (a) in accordance with § 22a in the calendar year of the application in accordance with § 10a (5), plus the value of the green electricity to be contraaed at the average market price in the previous calendar year (§ 20) minus the aliquots expenses according to § 21 Z 2 and 3 , as well as an aliquot percentage of the funds to be paid to the countries pursuant to Section 22b (6). Any difference amounts arising in a calendar year between the funds collected in accordance with § 22 and the additional expenses resulting pursuant to § 21 shall be presented by loss lectures or reserves and in the next The calendar year shall be offset by an adjustment of the funding contributions. For the calendar years 2007 to 2011, the additional annual support volume shall be Euro 17 million and shall not be exceeded. For the calendar year 2006, the additional support volume shall be at least EUR 8.5 million. Euro; enters § 21a in the version of the Federal Law, BGBl. No 105/2006, before the end of 30 June 2006, the additional volume of support which may not be exceeded shall be based on the aliquot of the annual percentage of the annual year to be fixed for the calendar years 2007 to 2011 Support volume of 17 million euros. After that date, the additional volume of support shall be redefined by law. The aliquots expenses according to § 21 Z 2 and 3 can be determined by regulation of the Federal Minister of Economics and Labour. In doing so, the costs incurred by the technology in question in the previous years must be taken into account appropriately.

Distribution of feed-rate volume

§ 21b. The volume of support, from which the contractible volume of feed-in tariffs is subsequently derived, is no longer required.

1.		Green electricity plants, which are operated on the basis of solid biomass or waste with a high biogenic share, 30 vH;
2.		Biogas plants, which are operated on the basis of biogas, 30 vH;
3.		Wind turbines 30 vH;
4.		Photovoltaic plants as well as other green electricity plants (green electricity plants, which are operated on the basis of liquid biomass; mixed combustion plants; green power plants, based on other energy sources) 10 vH. "

21. § 22 together with headline reads:

" Application of funding

§ 22. (1) For the application of the additional expenses in accordance with § § 12, 13, 13a and 21 (excluding additional expenses for small hydropower), all consumers connected to the public network shall be eligible for a grant (counting-point flat rate in EURO per counting point). , to be charged by the network operators and, together with the respective network usage fee, to be taken into account by the consumers connected to their networks. The funds collected are to be carried out on a quarterly basis to the Eco-Fdownstream Unit. The "Ökodownstream winding station" is entitled to pre-pause the funding contribution in advance and to raise quarterly charges against subsequent annual invoicing. The funding contribution shall be disclosed separately on the invoices for the use of the network. to be charged separately. The categories included in the aid contribution (CHP plants, medium-sized hydropower plants as well as other green power plants) should be listed. The network operators and the clearing centres shall provide the ecodeburnning body with all the data and other information necessary for the assessment of the funding contributions.

(2) The ordinary courts shall decide in disputes between the ecosystem and final consumers, as well as network operators, in particular on the performance of the support fee. "

24. In accordance with § 22, the following § 22a together with the heading is inserted:

" Counting-point flat rate from the calendar year 2007

§ 22a. (1) The counting point rate for the years 2007 to 2009 shall be:

1.		EUR 15 000 per calendar year for network users connected to network levels 1 to 3;
2.		for the network users connected to the network level 4, Euro 15 000 per calendar year;
3.		for the network users connected to the network levels 5, EUR 3 300 per calendar year;
4.		EUR 300 per calendar year for network users connected to network level 6;
5.		for the network users who are connected to the network level 7, Euro 15 per calendar year.

(2) For the years following the calendar year 2009, the Energy Control Commission shall re-establish the counting-point packages valid for each network level, beginning with 2010, every three years with a Regulation. The following criteria are to be considered: of the fossil CHP for the promotion of green energy (including investment grants for medium hydropower, but excluding support for small hydropower) and investment subsidies for fossil CHP, and Support for existing and modernised CHP facilities are to be covered by those funds, based on forecasts, 38%, which will be collected by the counting-point flat-rate. In so doing, the counting-point packages referred to in paragraph 1 shall be adjusted in the same ratio in such a way that 38% of the required support volume is covered by the funds collected from the settlement of the counting-point flat-rate packages.

(3) In the case of use of the network of less than one calendar year, one twelfth of the relevant counting point shall be paid in accordance with para. 1 per calendar month beginning. "

25. In accordance with § 22a, the following § 22b and title shall be inserted:

" Transfer Price

§ 22b. (1) The Energy Control Commission shall establish, for the years following the calendar year 2006, a separate transfer pricing for small hydropower as well as for other green electricity, in advance by Regulation. Under-year adjustments are permitted.

(2) The transfer price for small hydropower shall be fixed at such a level on the basis of forecasts in such a way as to cover all the additional costs of the ecosystem in accordance with § 21 for small hydropower.

(3) The transfer price for other green electricity shall be fixed at such a level on the basis of forecasts in such a way that the additional costs of the ecosystem in accordance with § 21 for other green electricity, taking into account the revenue are covered by the counting point flat rate according to § 22a.

(4) A balanced result between the additional costs to be expected in the following year, on the one hand, and the projected proceeds from the sale of green electricity in this period and the funds collected by the counting-point packages on the other hand. Any difference amounts between the funds raised in a calendar year by the grant contributions and the additional expenses referred to in this period pursuant to § 21 shall be in balance in the following calendar year.

(5) The total revenue from the transfer price for small hydropower less the product of the quantities of small hydropower plants supported with the market price in accordance with § 20 shall not exceed the amount of Euro 85 million. "

25a. (constitutional provision) The following paragraph 6 is added to section 22b (5):

" (6) (constitutional provision) Whereas, in the transfer price referred to in paragraph 3, a share should also be provided for countries to promote new technologies for the production of green electricity, with the exception of hydropower, sewage sludge, animal meal and waste liquor, and for the promotion of: Energy efficiency programmes shall be available. The share to be paid to the countries is seven million euros per year from 2007 onwards. The proportion to be paid to the countries shall be calculated according to the ratio of the supply of electrical energy to final consumers in each country in a calendar year. A written report shall be submitted by each country separately from each country to the Federal Ministry of Economics and Labour and to Energie-Control GmbH by 30 June of the following year at the latest. In any event, this report shall indicate the supported green electricity projects with their performance, technology and annual power generation, as well as the supported energy efficiency programmes, indicating the level of support. "

25b. § 23 with headline reads:

" Management of funding

§ 23. (1) In order to manage the funds allocated for the repayment of the additional expenses in accordance with § 21 (funding), the green-current winding office shall set up an account.

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

1.		from grant contributions in accordance with § § 22 and 22a;
2.		from the sale of green energy according to § 19 iVm. Section 22b, funds collected;
3.		from the amounts collected from the administrative penalties imposed in accordance with section 29;
4.		by other benefits;
5.		from the interest of the funds assessed.

(3) The management of the account shall be the responsibility of the ecopower management body. They have the resources to be apporcably apported. The Federal Minister for Economic Affairs and Labour, the Energy Control GmbH and the experts who have been contacted are to be granted access to all documents at all times.

(4) The Oeko-downstream Unit shall report on an annual basis to the Electricity Advisory Board.

(5) The green-current winding station has to transfer the funds for the funding of combined heat and power plants to Energie-Control GmbH on a quarterly basis in accordance with § 13 (support for existing combined heat and power plants). The funds for the grants under § 12 (investment grants for new cogeneration and hydroelectric power) shall be transferred quarterly to the resolution point for investment grants. "

25c. (constitutional provision) § 30 para. 3 Z 1 reads:

" 1.		by 31 July 2002 pursuant to Article 34 (1) of the German Federal Law Gazette (ElWOG) in the version of the Federal Law BGBl. I No 121/2000 or '

26. (constitutional provision) § 30 (5) and (6) are:

" (5) The BGBl Act, which is based on § 34 (3) and (4) of the Electricity Economic and Organization Law (BGBl). I n ° 143/1998 and in the version of the Federal Law BGBl. I No 121/2000 by the network operators up to the entry into force of this Federal Act are-as far as they were not used to cover the reduction of the reduction in the purchase obligation for green-energy-the countries for the purpose of promoting new technologies for green electricity production. Proven additional expenses of network operators, which cannot be paid out of the surcharges raised in accordance with section 34 (3) and (4) of the ElWOG, are to be covered with priority by means of the funds allocated in accordance with Section 22b (6).

(6) Countries may also use the funds available to them for the purposes of technology promotion and energy efficiency programmes as set out in paragraph 5 and section 22b (6) for the granting of production subsidies for green electricity installations. "

27. According to § 30, the following § § 30a and 30b together with the headings are inserted:

" Conclusion of a contract with Kommunalkredit Public Consulting GmbH

§ 30a. The conclusion of the contract concerning the content of the settlement of investment grants between the Federal Minister for Economic Affairs and Labour and the Kommunalkredit Public Consulting GmbH has been concluded no later than three months after the conclusion of § 13c. in the version of the BGBl. I No 105/2006. If a contract with Kommunalkredit Public Consulting GmbH is not concluded within this period, the Federal Minister for Economic Affairs and Labour has to issue the settlement of the grant of the investment grants.

Transfer of rights and obligations to the ecosystem

§ 30b. (1) The eco-current winding office is the legal successor to the current Ökobilanz group responsible (rule zone leader) and, with the monthly serenas of the concession department (§ 14b), replaces the previous one Ecobilance groups responsible, in particular, in contracts concluded with the green electricity producers, balance sheet groups, electricity traders and network operators on the basis of the General Conditions (§ 18). This date is to be published by Energie-Control GmbH immediately on the Internet at www.e-control.at and in the official journal of the Wiener Zeitung. The control zone guides as head of the eco-balance group have contracts with the Ecopower Development Centre on the economic transfer of the documents required for the handling of their tasks, in particular data and databases, as well as the other operating equipment (EDP equipment). Rights, obligations and permits which the control zone leaders have acquired in their capacity as Ökobilanz group managers shall pass on to the green-current winding station with the date of the monthly meetings following the concession division. In particular, the control zone leaders have to follow the surplus funds assigned to them as an ecobilant group responsible for the eco-current winding station. Any difference amounts within the meaning of section 22 (2) in the version of the Federal Law Gazette (BGBl). I No 149/2002, should be in balance between the eco-current and the rule-zone leaders. Until then, the settlement of the settlement has to be carried out by the control zone guide as an ecobilance group responsible for the payment of the additional expenses in accordance with § 21.

(2) The legally arranged capital transfers to the ecosystem, in particular asset transfers from the regulatory zone leaders, shall be exempt from all taxes, duties and fees regulated by law. "

28. In accordance with § 30b, the following § 30c with headline is inserted:

" Transitional provision to § 13 (3) and (4) in the version of the Federal Law BGBl. I No 105/2006

§ 30c. The procedures concluded for the years 2003 and 2004, by means of the funding pursuant to Article 13 (3) and (4) in the version of the Federal Law BGBl. In accordance with Section 69 of the AVG, are to be resumed at the request of one of the parties, or if the application for the grant of such aid has not been granted. The application for resumption shall be submitted to the Federal Minister for Economic Affairs and Labour within three months of the entry into force of this Federal Act (Section 32a (3)). Subsidies granted on the basis of this federal law at the time of the entry into force of this federal law are to be set off. In his decision, the Federal Minister for Economic Affairs and Labour has to go from those criteria, as described in Section 13 (2) of the German Ecological Electricity Act, BGBl. I No 149/2002. '

28a. (constitutional provision) According to § 30c, the following § 30d with headline is inserted:

" Transitional provisions on § § 22a and 22b

§ 30d. (constitutional provision) (1) For the period between the 1. January 2003 and the date referred to in Article 32a (4) are electricity traders who import green electricity or CHP energy and sell this imported green electricity or imported CHP energy to domestic end consumers, as well as end consumers, who Importing green electricity or cogeneration energy for your own needs, entitled to refund the contribution fee for small hydropower or other green electricity at Energie-Control GmbH or KWK-Zustrikes für KWK-Energie during the Federal Minister for Energy To demand the economy and work.

(2) The applications referred to in paragraph 1 shall be decided upon. The repayment for green electricity is made from the funds of the green electricity production, the refund for CHP energy is made from the funds of the CHP promotion. The funds necessary for the refund shall be taken into account in the calculation of the transfer price in accordance with § 19 and § 22b. The amount of the refund shall be determined by communication from the Federal Minister for Economic Affairs and Labour (KWK-Zustrikes) and the Energie-Control GmbH. The payment of the amounts, which are modest, must be paid by the eco-downstream processing unit.

(3) The amount of the refund for the respective electricity distributors in 2006 shall not exceed 110% of the amount of the refund for the year 2005. In the case of business years differing from a calendar year, the amount of the refund may not exceed 110% of the corresponding period of the previous year for the respective electricity traders, for which the financial years concluded after the end of 2005. Electricity traders who did not supply domestic end-users in 2005 can apply for a refund for imported green electricity or CHP electricity of not more than 100 GWh for 2006. Applications for the year 2006 may only be submitted by those distributors who indicated their activity prior to 1 May 2006. The amount of the refund for the final consumer, which imports green electricity or cogeneration energy for its own needs, in 2006 shall not exceed 110% of the amount of the refund for 2005. In the case of business years differing from one calendar year, the amount of the refund may not exceed 110% of the corresponding period of the previous year for the end-of-year financial years concluded after the end of 2005.

(4) A right to a refund of the contribution fee for electricity from small hydroelectric power or other green electricity or cogeneration surcharges shall only exist if:

1.		the full application shall be made within one month from the date referred to in Article 32a (4);
2.		the application of the guarantees of origin is settled in accordance with Directive 2003 /54/EC or Directive 2004 /8/EC;
3.		the guarantees of origin are confirmed and deleted by the competent body of the country of origin, and the documentation is enclosed with the application; and
4.		in the case of electricity traders, the guarantees of origin for the documentation of the electricity marking according to § § 45 and 45a of the ElWOG have been shown to be used explicitly as proof of origin during the respective period, this being the case from the auditor who is responsible for the Documentation pursuant to section 45a (6) has been confirmed, and this confirmation is attached to the application;
5.		in the case of end-users who import electricity from small hydropower or other green electricity or cogeneration energy for their own needs, the proofs of origin demonstrably not later than three months after the end of the respective business or calendar year of this Final consumers are present.

(5) The amount of the refund per kWh is in accordance with the subsidy regulations for the years 2003 to 2006 for imported other green electricity for the period from 1 January to 2006. January 2003 to 31 March 2004 0,12 Cent/kWh, for the period from 1 April 2004 to 31 December 2004 0,183 Cent/kWh, for the period of 1. January 2005 to 31 December 2005 0,242 Cent/kWh and for the year 2006 0,416 Cent/kWh. The amount of the refund per kWh is in accordance with the subsidy regulations for the years 2003 to 2006 for imported green electricity from hydropower plants for the period from 1 January to 2006. January 2003 to 31 March 2004 0.005 cent/kWh, for the period from 1 April 2004 to 31 December 2004 0.035 cent/kWh, for the period of 1. January 2005 to 31 December 2005 0,002 Cent/kWh and for the year 2006 0.000 Cent/kWh. The amount of the refund for CHP energy is 0.15 cents/kWh for the years 2003 and 2004, 0.13 cent/kWh for 2005 and 0.07 cent/kWh for 2006.

(6) To the extent that the contracts of electricity traders with end consumers are based on a different transfer price than that in accordance with Section 22b of the Ecoelectricity Act in the version of the "Ökostromgesetz-Novelle 2006 BGBl". I n ° 105/2006 and cannot be adapted under such contracts to the statutory transfer price, the electricity traders are entitled, directly pursuant to this law, by virtue of the new law established in accordance with § 22b of the Ecoelectricity Act. Transfer pricing to the final consumer to pass on costs. End-users who are consumers within the meaning of the Consumer Protection Act are free to terminate the contract within a reasonable period of time after notification of the price adjustment. "

29. (constitutional provision) According to § 32, the following section 32a, together with the headline, is added:

" In-Force Trees of the Ecopower Law Novel 2006

§ 32a. (constitutional provision) (1) § § 14, 14a to 14e as well as 30b in the version of the Federal Law BGBl. I No 105/2006 will enter into force on 1 July 2006.

(2) § 10 Z 5 shall enter into force with the day following the customer's presentation.

(3) The remaining provisions shall enter into force three months after the date referred to in paragraph 1.

(4) § § 22a and 22b shall take place on the 1. Jänner 2007 in Kraft. "

29a. The Appendix to § 5 (1) Z 5 reads:

" Appendix 1

Wastes with a high biogenic share according to § 5 (1) Z 1

Wastes with a high biogenic content are the types of waste listed below in Table 1 and (with the restrictions specified) in Table 2, defined by the assigned five-digit key number and, where appropriate, by the additional 2-digit specification in accordance with Appendix 5 of the Waste Directory Regulation. Subsets of waste types not listed in Tables 1 and 2 shall not be considered as wastes with a high biogenic share or as biomass.

Table 1: Waste with a high biogenic share

Key number and specification	Waste designation and specification
12	Waste of vegetable and animal fat products
123	Waste from the production of vegetable and animal fats and waxes
12301	Waxes
125	Emulsions and mixtures with vegetable and animal fat products
12501	Contents of fat separators
12503	Oil, fat and wax emulsions
17	Wood waste
171	Wood waste from working and processing
17104	Wood grinding dusts and sludges
17104 01	Wood grinding dust and sludge-(from) treated (m) wood
17104 02	Wood grinding dust dusts and sludge-(from) verifiably exclusively mechanically treated (m) wood
17104 03	Wood grinding dusts and sludge-(from) treated (m) wood, pollutant-free
17114	Dust and sludge from chipboard production
17115	Chipboard wastes
172	Wood waste from the application
17202	Construction and demolition wood 1)
17202 01	Construction and demolition wood-(from) treated (m) wood 1)
17202 02	Construction and demolition wood-(from) demonstrably only mechanically treated (m) wood
17202 03	Construction and demolition wood-(from) treated (m) wood, pollutant-free
17207	Railway sleepers
17209	Wood (eg piles and masts), teerölimpimpregnated
17209 88	Wood (eg piles and masts), teerölimpimpregnated-graduated
18	Cellulose, paper and paperboard waste
184	Waste from cellulose processing
18401	Residues from paper extraction (waste materials) without waste paper preparation
187	Paper and paperboard waste
18702	Paper and paperboard coated
19	Other waste from the processing and processing of animal and vegetable products
199	Other waste from the processing and processing of animal and vegetable products
19909	Sudkessel residues (soap production)
94	wastes from water treatment, waste water treatment and use of water
947	Residues from sewerage and waste water treatment (excluding sludges)
94705	Content from Fat Catches
949	Waste from the use of water
94902	Computing power from power plants

1) Without salt-impregnated woods [Note: salt-impregnated woods may require a high entry of heavy metals (lead white, CFA salts, etc.), which is not destroyed during thermal treatment].

Notes to Table 1:

The solids content of the above-mentioned wastes consists predominantly (over 90%) of organic carbon. Three groups of waste can be distinguished:

Group 1:

The following wastes are derived directly or indirectly (in the form of cellulose or lignin) of wood, which is the oldest biofuel, from:

17104 (if appropriate with specification), 17114, 17115, 17202 (if appropriate with specification), 17207, 17209 (if appropriate with specification), 18401, 94902

The solids content of this waste consists mainly of organically bound carbon of biological origin (in the form of cellulose and lignin). The calorific value of the dry substance in this case is of the order of 20 MJ/kg.

Group 2:

The following wastes are essentially derived from animal and vegetable fats. The carbon content is of biological origin and is mainly present in the form of glycerides and fatty acids. Thus, the calorific value of the organic substance is very high (order of magnitude of 30 MJ/kg).

12301, 12501, 12503, 19909, 94705

Group 3:

The following wastes represent a composite between waste of group 1 and synthetic polymers (PE, etc.) or Metals (Al). Although the specific calorific value of the non-biological components is higher than that of the biological components, the calorific value of the biological components in the mixture nevertheless predominates substantially more than 50% (although the calorific value of PE is approximately double the calorific value of PE). as high as that of paper, but the plastic content is usually less than 25%).

18702

Table 2: High biogenic waste, to the extent that biological recovery is not possible or preferable

Key number and specification	Waste designation and specification
11	Food and food waste
111	wastes from food production
11102	Superseded food
11103	Spelts, Spelzen and grain dust
11104	Seasonings
11110	Molasses
11111	Dough
11112	Beet schnitzel, beet tails
114	Waste from the production of luxury products
11401	Superseded luxury products
11402	Tobacco dust, tobacco grus, tobacco ribs
11404	Malztreber, Malzkeime, Malzstaub
11405	Hopfentreber
11406	Ausputz-and swimminders
11415	Trester
11416	Manufacture residues of coffee (e.g. Röstgut and extraction residues)
11417	Manufacture residues of tea
11418	Production residues of cocoa
11419	Yeast and yeast-like residues
11423	Residues and waste from fruit juice production
117	Waste from feed production
11701	Feed
11702	Overlaid feed
12	Waste of vegetable and animal fat products
121	Waste from the production of vegetable and animal oils
12101	Oilseed Residues
12102	Verdorbene vegetable oils
123	Waste from the production of vegetable and animal fats and waxes
12302	Grease (fry oils)
127	sludges from the production of vegetable and animal fats
12702	Sludge from the feed fat production
12703	Sludge from the production of edible oil
12704	Centrifuge sludge
129	Refinery residues resulting from the processing of vegetable and animal fats
12901	Lead cherde, oil-like
17	Wood waste
171	Wood waste from working and processing
17101	Bark
17102	Slack, splint made of natural, clean, uncoated wood
17103	Sawdust and sawdust from natural, clean, uncoated wood
172	Wood waste from the application
17201	Wood embales and wood waste, not contaminated
17201 01	Wood embales and wood waste, non-polluted (m) wood
17201 02	Wood embales and wood waste, not contaminated-(from) demonstrably only mechanically treated (m) wood
17201 03	Wood embales and wood waste, non-contaminated (from) treated (m) wood, pollutant-free
17203	Wood wool, not contaminated
18	Cellulose, paper and paperboard waste
181	wastes from pulp production
18101	Residues from the production of pulp (spray materials and branches)
19	Other waste from processing and processing of animal and vegetable products
199	Other waste from processing and processing of animal and vegetable products
19901	Starchlamb
19903	Gelatine waste
19904	Residues from potato starch production
19905	Residues from the production of corn starch
19906	Residues from rice starch production
19911	Intestinal wastes from processing
53	Waste of plant and pest control products and of pharmaceutical products and disinfectants
535	Waste of pharmaceutical products
53504	Trester of medicinal plants
91	Solid municipal waste, including similar industrial waste
916	Market waste
91601	Viktualienmarkt-Waste
917	Green waste
91701	Garden and park waste as well as other biogenic wastes which do not comply with the requirements of the compost regulation idgF
94	wastes from water treatment, waste water treatment and use of water
949	Waste from the use of water
94901	Residues from water purification (broot-repentant, fattening and demersal fish)

Notes to Table 2:

The waste referred to in Table 2 is of biological origin (animal and vegetable products) and essentially contains hydrocarbon compounds in the solid substance; it can be re-divided into three groups:

Group 1:

"Natives" biological material, ie. Plants, plant parts (including extraction residues) and animal tissues in their natural composition. The solids content consists predominantly of biologically fixed carbon in the form of cellulose/lignin (cell wall, storage body), protein and glycerides (cell membrane, storage body). An "antropogenic" portion is low (at most as an impurity from the collection).

11103, 11104, 11112, 11402, 11404, 11405, 11406, 11415, 11416, 11417, 11418, 11419,11423, 12101, 12102, 12302, 17101, 17102, 17103, 17201 (optionally with specification), 17203, 18101, 19901, 19903, 19904, 19905, 19906, 19911, 53504, 91601, 91701, 94901

Group 2:

Vegetable and animal substances processed for food: The solids content of these wastes is predominantly of biological origin with small amounts of (inorganic) fillers and, at most, packaging residues.

11102, 11110, 11111, 11401, 11701, 11702, 12702, 12703, 12704

Group 3:

Processing residues with an increased inorganic fraction, but whose organic content is entirely of biogenic origin.

12901 "

30. As far as in the not by the Federal Law BGBl. No 105/2006 amended provisions of the Federal Law, which introduce new regulations in the field of energy production from renewable energy sources and in the field of combined heat and power ("Ökostromgesetz"), BGBl. I No 149/2002, nor the word "Ökobilanz Group Responsible" , this shall be indicated by the expression "Eco-downstream Unit" in the correct grammatical form in each case.

Article 2

Federal law amending the Electricity Economic and Organization Act

The Electricity Economy and Organization Act, BGBl. I n ° 143/1998, as last amended by the Federal Law BGBl. I No 44/2005, is hereby amended as follows:

1. (Determination of the principles) In § 7, the previous Z 48 and 49 are omitted.

2. (determining the principle) In § 47 (2) (5) the point shall be replaced by a line-point; the Z 5 shall be added to the following Z 6:

" 6.		To make all the arrangements necessary to minimise the costs of the ecosystem for balancing energy. "

3. (constitutional provision) § 47 (4) reads:

" (4) (constitutional provision) The group responsible for the balance sheet group shall submit the General Terms and Conditions for approval to Energie-Control GmbH and, if requested to do so, to amend it, provided that this is in order to achieve a competitive market or to take over the Electricity dealers are required to supply green electricity. In this context, the Energy Control GmbH may in particular also arrange for the change in the time conditions for the allocation of the timetable necessary to minimize the costs of the ecopower-current winding station for compensating energy. "

Article 3

Federal law amending 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 amended by the Federal Law BGBl. I No 148/2002, shall be amended as follows:

1. § 1 reads:

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

2. (constitutional provision) In § 16 para. 1 Z 24 the point is replaced by a stroke point; the following Z 25 is added to section 16 (1) Z 24:

" 25.		the determination of the amount of the surcharge pursuant to § 13 (10) of the Ecoelectricity Act and the amount of the contribution pursuant to § 22a (2) of the Ecoelectricity Act. "

3. In Section 26 (3) (2) and in Article 26a (2) (1), the word order shall be "for Justice" through the phrase "for Social Security, Generations and Consumer Protection" to replace it.

4. In accordance with § 26a, the following § 26b and headline shall be inserted:

" Advisory Board for Investment Promotion

§ 26b. (1) In order to advise the Federal Minister of Economics and Labour in the preparation of the guidelines pursuant to § 13d of the Austrian Ecopower Act, BGBl. No 149/2002, as last amended by the Federal Law Gazette (BGBl). No 105/2006, in the decision to grant investment grants in accordance with § 12 and § 13a of the Ecoelectricity Act, an advisory council is to be set up.

(2) The recommendations of the Advisory Council on the granting of investment grants shall be based on the relevant legal provisions, the provisions of the guidelines for the granting of investment grants and the financial assistance provided for in the financial statements. Cover to be covered.

(3) In addition to the Chairperson, the Advisory Board shall include:

1.		Two representatives of the Federal Ministries of Economy and Labour and for Agriculture, Forestry, Environment and Water Management, one representative of each of the Federal Ministries of Finance, Social Security, Generations and Consumer Protection as well as one representative of the Federal Ministries for Economic Affairs and Labour. Representatives of the Energy Control GmbH;
2.		a representative of each federal state, as well as a representative of the Austrian Association of Cities and of the Austrian Municipal Debate;
3.		one representative 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 Federation of Industrialists, and
4.		a representative of the parliamentary clubs represented in the Main Committee of the National Council.
A substitute member shall be appointed for each member.

(4) The Chairman of the Circle of Members shall be appointed by the Federal Minister for Economic Affairs and Labour, the representatives of the Federal Ministries referred to in paragraph 3 Z 1 shall be appointed by the relevant Federal Ministers and all other members shall be on proposal of the sending bodies appointed by the Federal Minister for Economic Affairs and Labour.

(5) The members and substitute members of the Advisory Board shall be obliged to exercise their function in a conscientious and objective manner. They shall, in so far as they are not official representatives, be obliged by the Chairman of the Advisory Board to conscientious fulfilment of their duties. The work of the members of the Advisory Board is a volunteer.

(6) The members and substitute members of the Advisory Board may, during the period of their order and also after the date of their appointment, be entitled to a commercial or industrial secrecy which has been entrusted to them in this capacity or has become accessible to them. Do not reveal or exploit any erasable or non-erasable function.

(7) Weiters are § § 7 to 12 of the federal law on the promotion of measures in the fields of water management, the environment, the remediation of contaminated sites and for the protection of the environment abroad, BGBl. No 185/1993, as amended. "

Fischer

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