Eco-Electricity Act Amendment 2006

Original Language Title: Ökostromgesetz-Novelle 2006

Read the untranslated law here: https://www.global-regulation.com/law/austria/3002461/kostromgesetz-novelle-2006.html

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105. Act with which the eco-electricity Act, the electricity business and Organization Act and the Energy Regulatory Authority Bill be changed (eco-electricity Act Amendment 2006)

The National Council has decided:

Table of contents


Article 1: Amendment of the eco-electricity Act article 2: amendment of the electricity industry and Organization Act article 3: amendment to the Energy Regulatory Authority Act article 1

Federal law that modifies the eco-electricity Act

The Federal law, adopted with the new regulations in the field of electricity generation from renewable energy sources and in the area of combined heat and power (eco-electricity Act), Federal Law Gazette I no. 149/2002, is amended as follows:

1. the table of contents is as follows:



"Table of contents

1 part

General terms and conditions


§ 1 constitutional provision § 2. scope § 3. transposition of EU law § 4. objectives § 5. definitions § 6 connection compulsory § 7 recognition of plants on base of renewable of energy § 8 proof of origin article 9 recognition of certificates of origin from other States 2 part

Promotion of renewable energy and energy from CHP plants

1 section

Promotion of green electricity


§ 10. Acceptance and remuneration Article 10a. Limitations of section 11 obligation. 2. compensation section

Electricity from cogeneration plants and medium-sized hydropower plants


§ 12. Promotion of CHP energy § 13. Reimbursement of costs for CHP energy section 13a. Investment grants for electric power from medium-sized hydropower plants § 13 b. Advisory Board for investment grants § 13 c. Settlement agent for investment grants section 13d. Guidelines for granting investment aid 3 part

Eco power clearing agency


§ 14 exercise conditions § 14a. Submission of the § 14 b. licensing § 14 c. Concession withdrawal section 14 d. Go out to the concession section 14e. Change of ownership structure § 15 tasks the eco power settlement agency § 16 eco-balance Group § 17 raising of the financing for the activities of the eco-balance group § 18 General conditions article 19 obligations of electricity traders, eco power plant operators and network operators § 20 market price § 21 compensation of additional expenses of the eco power settlement agency 3a. Part

Displacement


§ 21a. Kontrahierbares dining collective volume article 21 b. distribution of the single feed tariff volume 4 part

Funding

1 section

Application and management of funds


Article 22 application of the funding section 22a. Funding contributions for the calendar years 2005-2011 § 23 administration of funding 2nd section

Monitoring and reporting requirements


Article 24 monitoring § 25 reports 5 part

Regulations, accountability, automation-supported data traffic, criminal law provisions


Article 26 regulations § 27 accountability § 28 Automationsunterstützter traffic § 29 General Penal provisions 6 part

Transitional and final provisions


Article 30 transitional provisions article 30a. Conclusion of a contract with the Kommunalkredit Public Consulting GmbH § 30 b. transfer of rights and obligations on the eco power clearing agency § 30 c. Transitional provision § 13 para 3 and 4 as amended by Federal Law Gazette I no. 105/2006 § 31 final provisions § 32. entry into force and repeal of legislation section 32a. "In force amendment to the eco-electricity Act 2006 § 33. enforcement" 2 (constitutional provision) is article 1 together with the heading:



"Constitutional provision



§ 1.

(Constitutional provision) The issuing, suspension, and enforcement of regulations, as they are included in this federal law, are also the concerns of Federal thing, for which the B-VG determines otherwise. The matters regulated in those rules can be provided directly by the facilities provided for in this federal law."

2A at the end of section 2, paragraph 2 of point is replaces Z 2 with a semicolon; following Nos. 3 and 4 are added:



"3. promoting through investment subsidies for medium-sized hydroelectric power plants;

4. promoting through investment grants for new CHP.'

2B. Article 4, paragraph 1 is Z 8:



"8. the generation of electricity from renewable energy sources in accordance with the principles of European Community law, in particular directive 96/92/EC of 19 December 1996 concerning common rules for the internal market in electricity (OJ No. L 27 of the 30.01.1997 S. 20; Electricity market directive) and directive to promote 2001/77/EC on the promotion of electricity produced from renewable energy sources in the internal electricity market."

3. paragraph 4 section 2:



"(2) to increase power generation from renewable energy sources is the conclusion of contracts relating to the purchase of electricity from renewable energy sources, with the exception of hydro power, to seek by the eco power clearing agency to such an extent that the resulting percentage measured 10%, of the total annual power output of all network operators of in Austria to the final consumers connected to public networks by the year 2010. Power generation on the basis of animal meal, Lye down, sludge or waste, excluding waste with high content of biogenic, is not attributable to the above-mentioned target value by 10%."

4. paragraph 5 together with the heading:



'Definitions



The term may refer to § 5 (1) within the meaning of this federal law



1. "High proportion of biogenic waste" the wastes listed in annex 1 of industrial, commercial and municipal, defined by the associated 5 digit code number in accordance with annex 5 waste directory of the directory directive, Federal Law Gazette II No. 570/2003, as amended by regulation BGBl. II No 89/2005;

2. "Old location" is a green power system, for which the necessary permits for the construction exist prior to January 1, 2003;

3. "existing power heat and power plants to the public district heating supply" those power heat power plants, for which prior to 1 January 2003 the permits necessary for the construction were; issued

4. 'Biomass' the biodegradable part of products, waste and residues from agriculture (including vegetal and animal substances), forestry and related industries;

5. "Fuel efficiency" the sum of electricity and used heat generation, divided by the energy content of the used energy source;

6. "Installer" means a natural or legal person who holds the economic responsibility for the construction of a plant;

7 "Captive" that amount of energy that is required for the operation of the eco power plant 8.

"Consumption" is falling on the requirement of the holder of a green power plant electrical energy, which is not fed into the public grid;

9 "single dining fare volume", which accumulated throughout the express or implied commitment of the projected expenses for the purchase of green electricity at the prices of a certain regulation) "annual single dining fare volume", the amount resulting from the volume of support which is available for the purchase of green electricity in a calendar year;

b) "kontrahierbares single dining fare volume", the standing for the new conclusion of contracts relating to the purchase of green electricity in a calendar year to provide a dining tariff volume (§ 21a in conjunction with section 21 and section 22a, paragraph 2);

10 "Bottleneck power" through the worst performing of limited, highest possible electrical continuous power of generation throughout the facility with all machine movements.

11 'renewable energies' renewable, non-fossil energy sources (wind, solar, geothermal, wave and tidal energy, hydropower, biomass, waste with high content of biogenic, landfill gas, sewage treatment plant gas and biogas);

12 "Fine dust" particles, which passes through a size-selective inlet, has an off vagina effectiveness by 50% for aerodynamic diameter of 10 µm;

12A. "Subsidy" those contribution in cents/kWh or euros per point of counting (counting point package), which in total to cover the extra costs of the eco power settlement agency is required;

13 "total electricity consumption" the domestic electricity production, including Autoproduction, plus imports, minus exports (gross national electricity consumption).

14 "Guarantee of origin" that certificate, which clearly shows off the electrical energy fed into the public grid or supplied to third parties; produces what energy source

15. "Hybrid system" means a production plant, which used different technologies in combination in the conversion of one or more primary energy into electrical energy.

16 "Small water power plant" a recognised plant on the basis of renewable energy source power bottleneck performance up including 10 MW;

17 "CHP" ("power heat power plants"), plants for the production of electrical energy, at the same time electricity and useful heat; produced in those from primary energy sources

18 "CHP energy" electric energy, which immediately and efficiency maximized as a coupling product in the production of useful heat produced;

19.


"Mixing combustion plant" a thermal generating plant, two or more fuels; used in the as primary energy sources

20 "Medium-sized hydroelectric power" a recognised plant on the basis of renewable energy source power with a bottleneck capacity of over 10 MW to 20 MW including;

21 "modernized cogeneration plants" those power heat and power plants, for the commissioning was after October 1, 2001, if the cost of the renewal is at least 50% of the cost of a new investment of the entire system (excluding buildings);

22. "New plant" means a eco power system, are given after December 31, 2002 the permits necessary for the establishment

23 "new power-heat coupling plants" those power heat and power plants with investment subsidies, whose construction began following the entry in force of this Federal Act Federal Law Gazette No. 105/2006 occurs when is the cost of the renewal is at least 50% of the cost of a new investment of the entire plant (including structures) and used their heat to such an extent for the heat supply or process heat generation (economically), meet the efficiency criterion (§ 13 para 2);

"public district heating supply' non-gratuitous distribution of heat for space heating and hot water via a pipeline network in a given area to policies on a majority of customers; 24

25. "public network" means a licensed distribution system or a transmission system, that the supply is used third parties and to which, there is entitlement to network access.

26 "Green electricity" electricity from renewable energy sources;

27. "Eco power plant" means a production plant, which produces renewable energy green power and is recognized as such; Facilities which serve the purpose of eco-electricity generation and in a local context, are as uniform conditioning; § 74 GewO is to apply mutatis mutandis;

28 "standard capacity" the amount of electricity resulting from the flow duration line for a rule year (arithmetic average of a contiguous series of most representative of the current runoff formation);

29 "the relevant scientific knowledge-based state of facilities, advanced procedures or modes of operation, whose functioning is tested and is proven state of the art". In determining the State of the art are especially those similar procedures to attract facilities or operations which are most efficient to achieve the objectives contained in article 4;

30 'Electricity from renewable energy sources' electrical energy which was created using only renewable energy sources, in plants, as well as the portion of electrical energy from hybrid or mixed combustion plant, the also non-renewable sources of energy (conventional) corresponding to the share of biomass use, including electricity from renewable energy sources, which is used; for filling storage systems Power which is obtained as a result of storage in storage systems is excluded;

31 "Support volume", the means (is the value of the eco-electricity at the average market price of the previous calendar year, to be published in accordance with § 20) arising from the funding contributions plus any difference from the proceeds from the sale of green electricity to the unit price and the market value of the sold eco-electricity per calendar year; in the volume of support you the eco power settlement agency in accordance with section 21 are 2 and 3 to applicable expenses Z and included funds to leading b para 6 of the countries referred to in section 22;

a) "additional support volume", the portion of the support volume, from the entry in force of this federal law in the version of Federal Law Gazette. I no. 105/2006 that is; derived for the conclusion of contracts relating to the purchase of green electricity in standing a calendar year to provide a dining tariff volume (kontrahierbares single dining collective volume)

32. "Transfer pricing" the price to the electricity traders required are to buy eco-electricity allocated to them;

33. "full-load hours" the quotient of expected annual eco-electricity generation divided by the bottleneck capacity of the eco power plant;

34. "Counter point" is a unique alphanumeric name identified measuring point for electrical measured variables, over which a network operator maps all values relevant to the transfer;

35. "Certificates" those certificates, which prove the production and supply to the public network of electric energy and are tradable.

(2) in addition, I apply the definitions of electricity economic and Organization Act, Federal Law Gazette No. 143/1998 in the currently valid version.

(3) personal terms have no gender-specific meaning. You are to apply to certain persons in the respective gender-specific form in the application."

4A. Article 8, paragraph 1 reads:



"(1) the operator recognized systems for electricity generation based on renewable energy sources or CHP plants are connected to their networks, have to issue a certificate about the amounts injected from these systems in its network of electrical energy the plant operators on request. The exhibition can take place by means of automation-supported data processing."

4B. § 8 para 4 is as follows:



"(4) the operator of the eco-electricity plants and cogeneration plants and the electricity traders, electricity from eco-electricity plants as renewable energy or electric energy from CHP plants sell an other electricity traders or the eco power settlement agency, shall on demand of the purchaser free of charge and has been shown to leave the origin corresponding to the sold quantity (by means of automation-supported data processing) This buyer."

5. paragraph 10 together with the heading:



"Acceptance and remuneration



§ 10. The eco power clearing agency is obliged, in accordance with the available subsidies for eco-electricity plants, to remove their offered electric power from eco-electricity plants to the General conditions approved pursuant to section 18 and below prices:



1. from small hydroelectric power plants, which are newly built or revitalized before January 1, 2008 to the regulation Federal Law Gazette II No. 508/2002 amended regulation BGBl. II no 254/2005 certain prices, without prejudice to the provisions of Article 10a. The purchase obligation for small hydropower plants with bottleneck performance up including 1MW, which were constructed before January 1, 2008 or revitalized consists of II after the regulation BGBl. No. 508/2002 amended regulation Federal Law Gazette II No. 254 / 2005 set deadlines for a subsequent period of 12 years at the market price determined in accordance with section 20 minus the average expenses for balancing the eco power settlement agency in the last calendar year for small hydropower plants and other eco-electricity plants (except the expenses of wind turbines in accordance with § 15 ABS. 4) per kWh. The obligation for all small hydropower plants with a bottleneck capacity up to 1 MW including, where permits required for the construction had been issued before the first of January 2003 and which is not within the regulation Federal Law Gazette II No. 508/2002 amended regulation Federal Law Gazette II No. 254 / 2005 set deadlines were revitalized up minus the average expenses for balance energy market prices published in accordance with § 20 consists of the from 1 January 2009 for a subsequent period of 12 years Eco power clearing agency in the last calendar year for small hydropower plants and other eco-electricity plants (except the expenses of wind turbines in accordance with § 15 para 4) per kWh. The obligation for all other small hydroelectric power plants, where the necessary permits for the construction had been issued before January 1, 2003, ends 31 December 2008;

2. from other eco-electricity plants have been approved after December 31, 2002 and up to December 31, 2004, in the first instance, to which the Ordinance BGBl. II No. 508/2002 amended regulation BGBl. II no 254/2005, certain time limits and prices, without prejudice to the provisions of Article 10a. From the 14th year after the commissioning of the plant, an obligation for electrical energy consists of wind turbines up market price less the average expenditures for balancing the eco power settlement agency in the last calendar year for wind turbines (§ 15 para 4) per kWh published including the 25th year after the commissioning pursuant to article 20. For all other other eco-electricity plants, a commitment from the 14th year after the commissioning of the plant is up market price less the average expenditures for balancing the eco power settlement agency in the last calendar year for small hydropower plants and other eco-electricity plants (except the expenses of wind turbines in accordance with § 15 para 4) per kWh; published including the 25th year after the commissioning of the plant which pursuant to article 20

3.

at the rate that determined by regulation in accordance with § 11 para 1 are from small hydroelectric power plants, which have been received after January 1, 2008, in operation or revitalized after January 1, 2008; the commitment to these prices is for a period of at least 10 years from the commissioning of the plant without prejudice to the provisions of Article 10a. The obligation for small hydropower plants with a bottleneck capacity including 1 MW is just more to the market prices established in accordance with article 20 minus the average expenses for balancing the eco power settlement agency in the last calendar year for small hydropower plants and other eco-electricity plants (except the expenses of wind turbines in accordance with § 15 para 4) per kWh after expiry of the period specified in the regulation for a subsequent period of 12 years. The obligation for all other small hydroelectric power plants ends with the period laid down in the regulation;

4. from other eco-electricity plants, which were approved after December 31, 2004 or after the regulation Federal Law Gazette II No. 508/2002 amended BGBl. II go no. 254 / 2005 specific periods in operating and for which no later than 31 December 2011 a contract on the purchase of green electricity is performed by the eco power clearing agency, at the prices, by Regulation (§ 11 para 1) be determined. The commitment to these prices is for a period of 10 years, counting from the plant; in the 11th year of operation, is entitled to payment of 75 vH of this price; in the 12th year, a claim to payment of 50 per cent of this price, without prejudice to the provisions of Article 10a. The price abridged for the 11th and 12th year should be lower than the market price published pursuant to § 20 of the operator to pay the market price gem. § 20 claim. 13 onwards, an acceptance obligation survives published including the 24 year which according to § 20 market price less the average expenditures for balancing the eco power settlement agency in the last calendar year for wind turbines (§ 15 para 4) per kWh for wind turbines. For all other other eco-electricity plants is a commitment from the 13th published including the 24 year which according to § 20 market price less the average expenditures for balancing the eco power settlement agency in the last calendar year for small hydropower plants and other eco-electricity plants (except the expenses of wind turbines in accordance with § 15 para 4) per kWh;

5. from eco-electricity plants, which fall under the Z 1 to 4 and 6 except water power plants with more than 10 MW of bottleneck capacity as well as power generating facilities on the basis of animal meal, lye from sewage sludge at the market price published pursuant to § 20 wind turbines less the average expenditures for balancing the eco power settlement agency in the last calendar year for wind turbines (§ 15 para 4) per kWh, for all other eco-electricity plants less the average expenditures for balancing the eco power settlement agency in the last calendar year for small hydropower plants and other eco-electricity plants taken from the Expenses for wind turbines (§ 15 para 4) per kWh, if no price according to § 11 is set. The commitment ends when all eco-electricity plants, 24 years after the commissioning of the eco power plant;

6. from other eco-electricity plants, for which even a purchase obligation according to § 30 para 3 is (old plants), to the requirements specified in § 30 para 3. After the limits according to § 30 para 3 for providing the feeding rates is for another 12 years a decrease in commitment to the market price according to § 20 minus the respective expenses for balance energy within the meaning of the Nos. 2 and 4;

7. the eco power handling agent has the eco-electricity system operators, the funding in accordance with this federal law received, at least three months before the end of the promotion pursuant to Regulation BGBl. II No. 508/2002 amended regulation Federal Law Gazette II No. 254 / 2005, according to § 30 para 3 or the regulations to be adopted in accordance with article 11, paragraph 1 a range of immediately continuing further decline over the periods given in Z 1-Z 4 and 6 at the market price according to § 20 minus the respective expenses for balance energy to submit. Upon acceptance of the offer by the eco power plant operators the eco power clearing agency has concluded a contract on the acceptance."

6. after article 10, the following section 10a subsection 1 to 4 together with heading shall be inserted:



"Limitations of the obligation



Article 10a. (1) from the purchase obligation in accordance with § 10 electrical energy is excluded, with liquor, meat and bone meal, sewage sludge is generated by hydroelectric power plants with a bottleneck capacity of more than 10 MW or is taken for a reimbursement pursuant to article 13 claim. There is no obligation by installations pursuant to section 10 No. 4 on the basis of solid biomass that have no prevention measures of particulate matter. For electrical energy from photovoltaic systems, a duty of acceptance in accordance with § 10 is Z 2 only up to the nationwide total extent of 15 MW. On this scale, a duty of acceptance of electric energy consists of photovoltaic systems only at the prescribed rates, if these correspond to the characteristics of the section 10 No. 4 and the provisions described in paragraph 9. Hybrid or mixed combustion plant, the obligation on the share of the renewable energy sources is limited, which corresponds to the percentage set out in the notice of recognition for green electricity.

(2) the obligation referred to in section 10 is only given if period lasting the entire electrical energy emitted from an eco power plant to the grid in one, at least 12 calendar months the eco power clearing agency is released and this operator member is article 16, paragraph 1 of the eco-balance group in accordance with, and domestic consumption will be deducted to bring is. With respect to plants for the production of electricity from photovoltaics, which in connection with buildings are built and not exceed an installed power of 20 kW, a loss is compulsory even if the nationwide total extent certain referred to in paragraph 1 is exceeded or, the conditions defined in paragraph 9 are not fulfilled. In these cases, the price approaches determined by regulation do not apply however if not a promotion in accordance with section 30, paragraph 4.

(3) the levy is electrical energy into the grid from several plants for the access price approaches to the application, only a transfer point (reporting point), it is so each plant at the a composition of feed in proportion to the share of total production of the calendar month, unless these operators explicitly prove the origin of energy from a particular investment , for example, by arrest logs individual plants or switching this equipment.

(4) which is compulsory contracting the eco power settlement agency pursuant to section 10 No. 4 for rising operational eco-electricity plants only in the extent new, as kontrahierbare single dining fare volume is not exceeded. "Was the kontrahierbare single dining fare volume is not exhausted, are for each investment category (section 21 b) make provisions that the in the section 21 b stated percentages attributable to the kontrahierbaren single feed tariff volume of the individual investment categories according to the ratio are in the next calendar year."

6a. (constitutional provision) the following paragraph 5 is added to section 4 § 10a:




(5) (constitutional provision) The prices for the purchase of green electricity for eco-electricity plants are determined by the prices prescribed at the time of the conclusion of the contract. In addition, the approved general conditions apply. Can be found the kontrahierbaren feed-in tariff volume not the long out to the eco power settlement agent for the purchase of green electricity only from those eco-electricity plants is obliged for you from reaping the full benefits of kontrahierbaren single dining fare volume a request (offered) on conclusion of the contract on the purchase of green electricity is received. The application (which offered) on conclusion of the contract on the purchase of green electricity has to be made to the General conditions approved pursuant to section 18. In the General conditions can be provided that proposals (quotations) using automation-supported data processing are to contribute and edit. The decision on the plant have reference in accordance with § 7, as well as evidence of all for the construction of the plant are the application to connect the necessary permits or ads. Incomplete applications cannot be take into account where the applicant of this fact in writing to put is in knowledge under loss of rank. Proposals on conclusion of the contract, which for adoption would have exceeded kontrahierbaren single cream volume resulted, are not to accept. At the same time incoming applications aggregate exceed the limit specified by the kontrahierbare single dining fare volume, the lot decides. Is taken within a period of 24 months after acceptance of the application in operating a facility, the contract for the purchase of green energy is considered dissolved, unless the applicant not plausibly that the causes for this not in its sphere of influence. The freed up from the termination of this contract kontrahierbare a dining fare volume is attributable to the kontrahierbaren single dining tariff volume of each category in the current calendar year."

6B. Be added after paragraph 5 following paragraph 6 to paragraph 8 section 10a:



"(6) the relevant to the determination of the volume of support amounts are determined by multiplying the bottleneck capacity contained in the notice of recognition with the applicable to the eco power average annual number of full-load hours. These are for



1. biogas plants with 6 500 full-load hours;

2. eco-electricity plants on the basis of 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 and full-load hours for 5 other eco-electricity plants with 7 250.

(7) could with an operator of a green power plant according to paragraph 6 no contract for the purchase of green electricity concluded Z 1 to 5 as a result of the exhaustion of kontrahierbaren a food collective volume are, a contract for the purchase of green electricity is so with the applicant in the following calendar year, taking into account the ranges resulting from the time of application to complete, with the contract to the rates and other general conditions of Ökobilanzgruppenverantwortlichen at the time of the adoption of this proposal (conclusion of the contract) by the Ökobilanzgruppenverantwortlichen underlying place are. It is free the operator in this case to withdraw his request. The application will be void anyway, after the end of the following year. A claim on conclusion of the contract on the purchase of green electricity anyway, ceased to exist from that time when that is exhausted until 2011 resulting single feed rate volume for systems thorough new in operating.

(8) the eco power clearing agency is obliged, still standing, kontrahierbare single dining fare volume differentiated according to asset classes pursuant to § 21 b to list and publish regularly (daily)."

7 (constitutional provision) the following paragraph 9 is added after paragraph 8 section 10a:



(9) (constitutional provision) The obligation for the purchase of electrical energy from photovoltaic systems in accordance with § 10 has the requirement that 50 per cent of the expenses required for the loss of electric energy from resources of the country is held in which the photovoltaic system has been built. No. 4"

9 paragraph 11 together with the heading:



"Dues



§ 11 (1) of the Federal Ministry of Economics and labour has prices per kWh for the loss of electricity from small water power plants and other eco-electricity plants for a test and pay remuneration consists Nos. 3 and 4 in accordance with § 10, set in consultation with the Federal Ministers of agriculture and forestry, environment and water management, and for social security, generations and consumer protection through regulation. The prices have been at the average production cost of cost-efficient facilities that are State of the art, to Orient. Between new and old systems can be different if different costs or public subsidies have been granted. The prices are set in relation to the different primary energy sources where the technical and economic efficiency is taken into account. The pricing also is to ensure that the funding the projects in the most efficient locations come to good. You can incorporate further differentiations about bottleneck capacity and annual electricity output. A temporal distinction is permitted for day/night and summer/winter in accordance with § 25 ElWOG. A differentiation is allowed after the bottleneck capacity of eco-electricity plants and within the investment categories based on biomass or waste with high content of biogenic and biogas-based energy and substrates, as well as other special technical specifications. The regulation also minimum requirements to use technologies can, provided with the minimum to comply with the State of the art. Systems on the basis of solid or liquid biomass or waste with a high biogenic proportion, on basis of biogas, as well as for mixing combustion plant a fuel efficiency of 60% is in the regulation anyway, be provided. In the regulation, higher fuel efficiency can be determined if this is economically reasonable due to the nature of plant type, taking into consideration the State of the art and the optimal use of the primary energy (energy efficiency). For the calendar year 2006, the prices are to determine, for the following calendar years a tee-time is in relation to the respective prior-year figures to be provided, which is to be determined annually (annual degression). The regulation is for eco-electricity plants on the basis of solid biomass, to provide for the a feed-in tariff is granted according to the regulation Federal Law Gazette II No. 508/2002, also a combined support for electrical energy and heat, if the previous maximum funding level is not exceeded. The maximum funding amount is determined from the product of the single feed amount of electrical energy of the first 12 months after the full operation has been recorded and the granted feed-in tariff minus the market price. Article 20 shall apply mutatis mutandis. The maximum funding level is limited in height by 6 000 hours on the basis of this calculation also with a full load hours. The support rate for the heat is each performance class with the formula to calculate



WT = ET / 4,4 - WP WT - support rate for heat in cent/kWh ET - granted feed-in tariff in cent/kWh WP - heat price in cents/kWh.

(1a) can be found in a calendar year with the in section 22 (b) paragraph 5 ceiling for small water power plants contained the average total cost incurred not in the long, are the prices set out in each applicable regulation for small water power stations, where the approval required for the construction has been granted before 1 January 2003 and to which no investments with an at least 15% current yield have been used after that date in the next calendar year , to cut back, where is the difference resulting from the price minus the market price in the same proportion to shorten.

(2) the prices are to make that continuously increasing the production of electricity from eco-electricity plants is carried out according to the objectives of this Federal Act. To ensure investment security is as a minimum period for which the fixed rates for the respective eco power plant to apply have ten years to provide.

(3) in determining the average production cost is to turn off on an efficiently managed company which financed the system to financial market conditions. Life, the investment costs, operating costs, the appropriate return on capital employed and the annually generated amounts of electrical energy are taken into account. The calculation of these costs are national as well as international experiences into account. The confidence of investors in applicable tariffs is to take into account the new provisions tariffs according to. Revived or renewed eco-electricity plants are considered new plants, if the facilities largely have been renewed. A major renewal occurs when the cost of renewal is at least 50% of the cost of a new investment of the entire system.


(4) green power is hybrid or mixed combustion plant to take off according to the percentages set out in the notice of recognition and reward. The eco power clearing agency has the percentages laid down in the notice of recognition are not respected according to the created documentation, after agreement by the Governor to roll up the remuneration for the past year and to be paid according to the documentation. Differences should be with the next following payment. The Governor has a compensation is not possible, to oblige the operator with notice to surrender of the profit. The profit result article 20 from the difference between the fixed price and at the time of the decision last by energy-control GmbH published market price in accordance with. The extra revenues are contributing to the account in accordance with section 23.

(5) the Federal Minister for Economic Affairs and labour may invite including expert to determine the facts relevant to the determination of rates and fees, which are the Federal Ministry of Economics and labour, as well as the energy-control GmbH available."

10A. the heading of part 2, 2nd section is as follows:



"Electricity from cogeneration plants and medium-sized hydroelectric power stations"

10. Article 12 together with the heading is as follows:



"Promotion of CHP energy



§ 12 (1) promoting the generation of electrical energy, which directly and efficiency maximized coupling product is manufactured in the production of district heating, from existing or updated energy cogeneration plants (article 13) is allowed only under the condition that



1 their operation of the public supply of district heating is used and 2. a saving of primary energy carrier use and CO2 emissions compared to separate power and heat generation is achieved.

(2) in the case of new CHP plants with a bottleneck capacity of 2 MW, a promotion is also allowed if they serve the production of process heat, the other apply to contained requirements in paragraph 1 and the efficiency criteria contained in § 13 para 2 are met. A promotion of new CHP is also permissible if the energy waste, sewage sludge or lye down at least in part be used. The inclusion of space heating is permitted provided outweighs the public district heating supply or production of process heat. This promotion the establishment should support (electric) of new CHP to the extent of 2000 MW up to the year 2014.

(3) the promotion of new CHP plants, for which all licences for the construction in first instance available until September 30, 2012 and 31 December 2014 in operation dating to at least, takes the form of investment grants. At the request of the operator of a new CHP plant, maximum however in cogeneration plants are in accordance with the resources available to provide 10% of the required immediately for the construction of the cogeneration plant investment (excluding land costs) as investment aid,



1. up to a bottleneck capacity of 100 MW an investment grant in the amount of 100 euro/kW bottleneck capacity, 2.
from a bottleneck capacity of more than 100 MW to 400 MW in height from 60 Euro/kW bottleneck capacity and 3 from a bottleneck capacity of 400 MW in the amount of 40 EUR / kW bottleneck, with the volume of investment as well as the to be covered by the grant of investment needs of the settlement agency for investment grants (sec. 13 c) is to prove. The expenses necessary for the establishment and operation, as well as the proceeds are determining the level of funding needs to be based, are expected at an economic management. When calculating profitability in accordance with paragraph 6, is to assume an interest rate of invested capital in the amount of six percent. In determining the expected revenues, the average value of the last available prices of the EEX forward is (if no longer available, as far as possible similar values) to be used for the three calendar years from the preparation of the opinion. Include actual heat revenues are also taken into account.

(4) the granting of investment aid has the prerequisite for establishing and for the operation of the cogeneration plant no further promotions in claims to accept. Has the Commission harmonised efficiency - set reference values referred to in article 1 of Directive 2004/8/EC on the promotion of a thermal cogeneration based on a useful heat demand, the compliance with these criteria is a further prerequisite to the granting of investment aid. Commitments for investment grants must be done in accordance with and under the condition of existing funding (para. 5). The investment grant is to pay the full commissioning of the plant and the carried out audits of submitted final documents. The final bill is to be confirmed by an auditor.

(5) the aid to be applied for the granting of investment subsidies by CHP surcharges are limited for the years 2006 to 2012 with a total of 60 million euros. These funds are to use 30%, used industrially for the promotion of cogeneration, and to use 70%, not industrially used for the promotion of CHP. Provided with which to promote existing CHP plants for the calendar years 2003 to 2005 not the Auslangen can be found collected funds that were necessary, not to cover the extra costs of the operators of CHP plants in accordance with article 13, a share is in the premiums provided in accordance with section 13 para 10 or counting point package deals, which determines the resources required for the investment subsidies to cover is. Applications for investment grants are to line after the date of their arrival and to handle in the order of their receipt.

(6) proposals on investment grants are to introduce between January 1, 2007 and September 30, 2012, in writing to the settlement agency for investment grants. Representations with respect to the granting of investment grants can be made in accordance with the provisions of paragraph 4 and 5 to 31 December 2012. The relevant to the construction of the plant, an enforcement accessible, approvals or permits are the requests to join a collection of investment costs, as well as a profitability calculation according to the dynamic capital value method. In the economic calculation is for an interest rate referred to in paragraph 3 to identify required investment grant. The economic calculation for determining the maximum possible investment grant is to assume a life of the plant by 15 years. If the requirements are fulfilled and, taking into consideration the recommendation of the Advisory Council of the Federal Ministry of Economics and labour has the investment subsidy under a contract to assure. The economic calculation with specification of the investment grant needs to update after presentation of the final documents on the investment amount and - also confirmed by an auditor - to submit the settlement agency for investment grants in writing. Misleading claims lead to a loss of entitlement to investment grant. The funds earmarked for investment grants (para 5) have been exhausted, an investment subsidy cannot be granted."

10 c. § 13 para 1 to 9 including the heading are:



"The reimbursement of costs for CHP energy



§ 13 (1) necessary for the maintenance of the operation costs in an amount each year by the Federal Minister for Economic Affairs and labour to discover in cents per kWh electricity (support rate for Cogenerated electricity) are compensated, taking into account the electricity and district heat sales operators by existing and modernised power heat cogeneration plants by energy-control GmbH. These costs consist of the costs components fuel costs, costs of maintenance and operating costs; the cost for a reasonable return on capital employed, pension payments, administrative costs and taxes are excluded for existing CHP plants. The costs for an adequate return on capital employed are considered in modernized CHP plants. For the quantities of electricity, not immediately and maximized efficiency as coupling product manufactured in the production of district heating, are granted to no cost compensation. The Federal Minister for Economic Affairs and labour may invite independent experts to determine the facts relevant to the determination of the support price.

(2) an in comparison to modern thermal power plants without heat recovery essential saving of primary energy carriers using CHP exists, if in the period under review following relation for the system is met:

2/3 * W/B + E/B ≥ 0.6



Heat quantity (kWh) = W submitted to the district heating grid or as process heat economically used B = total fuel usage in kWh E = electric energy (kWh), which is given to the public electricity grid or measured at the generator terminals.
The calculation of the efficiency criterion has to be carried out on a monthly basis per system or per operator. Ordinance shall take on total optimum in terms of greenhouse gas reductions.


(3) the operators of existing or updated CHP plants, more than 10% of the calorific value of the fuel as heat energy to the public district heating supply use, a support rate is granted for the years 2003 and 2004 by 1.5 cents / kWh CHP electricity to the extent as their plants meet the relation specified in paragraph 2. The promotion from the year 2005 is determined by applying the provisions referred to in paragraphs 1 and 2.

(4) for facilities that do not meet the relation specified in paragraph 2 or that use up to 10% of the calorific value of the used fuel to the public district heating supply, only 3% is the support rate for the years 2003 and 2004 more than 1.25 cents / kWh. The promotion from the year 2005 is determined by applying the provisions referred to in paragraphs 1 and 2.

(5) the promotion of existing power heat cogeneration plants is limited until 31 December 2008. For updated power heat cogeneration plants this period ends at the end of 31 December 2010.

(6) the operator the power heat cogeneration plants have to enclose all necessary documents with the request for examination of the overhead and to supplement the documents at the request of the Federal Minister for Economic Affairs and labour. This also applies to checks on the part of the Federal Minister for Economic Affairs and labour. The application include all relevant data and documents which are necessary for the assessment of the facts of the case, to close at. These data and documents include in particular the establishment of all costs of production facilities, the representation of market price trends and assessments for the requested period of decline, the proceeds from the sale of district heating together with the contracts for the supply of district heating, the property rights and contractual relationships, regarding district heating-relevant portions of the production plant, plant permit notifications and other notices concerning the system in the past power delivery contract as well as current electricity supply agreement , Contracts for fuel related, production of district heating and electricity in the last 10 years and whose temporal breakdown (monthly), all current electricity supply agreement of all facilities of the operator, as well as share of district heating production of the plant on the entire application of district heating in the district heating network.

(7) the to applicable overhead (CHP support rate) per kWh for the electricity generated at the same time with district heating is determined by the Federal Minister for Economic Affairs and labour for one calendar year in advance for the respective plant. The operators of CHP plants have set their systems to ensure a most efficient operation.

(8) the Federal Minister for Economic Affairs and labour is entitled to amtswegig carry a review of whether the actual development of cost structures and operation of combined heat power plant corresponds to the assumptions applied in determining the overhead. The Federal Minister for Economic Affairs and labour may invite independent experts to determine that the facts of the case. The assumptions applied in determining the overhead should not apply, the Federal Minister for Economics and labour to determine to apply overhead has.

(9) goods and services from companies that are proprietary rights connected with the owners or operators of combined heat power plant, the reasonableness of prices through a documentation of the binding price offerings by companies that are not proprietary rights connected with the owners or operators of combined heat power plant, to present is."

10 d. § 13 para 10 is as follows:



(10) (constitutional provision) Financing of additional costs for power heat cogeneration plants is carried out date referred from the in section 32a ABS 4 the counting point allowance referred to in Article 22a. These are funds amounting to 60 million euros for granting investment aid pursuant to article 12 paragraph 3 to to provide. By these means, 30% for the promotion of cogeneration plants to use, used in industrial and 70% for the promotion of cogeneration plants are to use, not industrially used. In the years 2003 and 2004 the CHP supplement may not exceed 0.15 cents / kWh and in 2005 and 2006 more than 0.13 cents / kWh over the years. In the years 2007 and 2008 may not exceed EUR 54.5 million and in the years 2009 and 2010 at most each 28 million euro about the counting point allowance referred to in Article 22a for the support of CHP provided equipment. From the date referred to in section 32a (4) collecting a CHP is not permitted to surcharge in cents/kWh. After 31 December 2008, no assistance is provided existing and after December 31, 2010 no support modernized power heat cogeneration plants. No applications for investment grants for new power heat cogeneration plants can be made after September 30, 2012. Can with the surcharges or to be out of the counting point packages means not the long out found be, supports in accordance with paragraph 1 for all existing and modernised facilities are proportionally to cut."

10E. § 13 para 11 and 12 are:



"(11) the energy-control GmbH has making the settlement of cost replacement for CHP energy in the funds provided pursuant to § 22a.

(12) to determine the electricity revenue referred to in paragraph 1, a-weighted market price shall apply. This is calculated from the on the EEX or, where no appropriate data are available at the EEX, another representative power exchange, trading days of averaged prices indicate months July, August and September of the current year for base - and Peakquartalfutures for the following year. To account for the daily and seasonal usage pattern is to use, as well as to apply a weighting of quarter future by 37% for the first quarter, 17% for the 2nd quarter, 10% for the 3rd quarter and 36% for the 4th quarter. a base ratio of 95% and peak share of 5% "

10F. Following §§ 13a to 13d and headings shall be inserted after article 13:



"Investment grants for electric power from medium-sized hydropower plants



§ 13a. (1) administrators of medium-sized hydropower plants, whose construction began between 1 July 2006 and 31 December 2013 and their commissioning no later than 31 December 2014 is, obtained through written request to the settlement agent for investment grants in accordance with the available funds up to a maximum one an investment allowance of up to 10% of the required immediately for the construction of the plant investment volume (excluding land costs), investment subsidy of 400 euros / kW bottleneck and a total EUR 6 million for a medium-sized water power plant. The investment volume of the plant, for which an investment allowance is requested, as well as the educational needs are to be proved by an opinion of an independent expert, to determine which of the Governor is. The provisions of article 12, paragraph 6 regarding the submission at the settlement agency for investment grants are to apply mutatis mutandis with the proviso to series for medium-sized hydropower plants in electrotechnical equipment of a life span of 25 years, with the rest of the plant by a lifetime of 50 years to assume that is a cumulative volume of more than €50 million available for investment subsidies for the years 2006 to 2012 and the applications for granting investment aid according to the time of their arrival and handle are. The granting of investment aid has provided for the construction and operation of the hydroelectric power plant – with the exception of grants from the disaster relief fund - no further promotions in claims to accept. The expenses necessary for the establishment and operation, as well as the proceeds are determining the level of funding needs to be based, are expected at an economic management. It is to assume an interest rate of invested capital in the amount of six percent. In determining the expected revenues, the average value of the last available prices of the EEX forward is (if no longer available, as far as possible similar values) to be used for the three calendar years from the preparation of the opinion. This promotion the establishment to support new hydroelectric power stations to the extent of 150 MW until the year 2014. The resources required for the granting of investment aid are to apply from the amounts raised by the levy of the counting point allowance, which has only a maximum amount of EUR 10 million per calendar year. The investment grant is to pay the full commissioning of the plant and the carried out audits of submitted final documents. The final bill is to be confirmed by an auditor. The volume of accumulated investment subsidies is exhausted, additional investment subsidies are not granted.


(2) applications referred to in paragraph 1 are after the date referred to in Article 32a, para. 3 and up to submit no later than September 30, 2012. By the tender agent pursuant to § 13 c ABS. 1 to supplier payments to the installer of the equipment referred to in paragraph 1 13 (b) under a contract are assured by the Federal Ministry of Economics and labour for the respective plant if the requirements are fulfilled and taking on the recommendation of the Advisory Board in accordance with §. All relevant data and documents that are required for the assessment of the facts of the case to close in, where in particular the quantities of electricity fed into the grid, the time of embarking upon of the establishment and the date of commissioning by appropriate documentation to prove are are the applications for granting of the investment grant.

Advisory Board for investment subsidies



§ 13 b. To advise the Federal Minister of Economics and labour in preparing guidelines pursuant to section 13d, as well as in the decision to grant investment aid in accordance with section 12 and section 13a is an Advisory Board to set up (section 26 b Energy Regulatory Authority Bill E-RBG, Federal Law Gazette I no. 121 / 2000, as amended by Federal Law Gazette I no. 105 / 2006).

Settlement agent for investment grants



§ 13c. (1) with the settlement of the granting of investment aid under this Federal Act, Kommunalkredit Public Consulting GmbH as a clearing agency is to entrust. The entrustment requires that the Federal Ministry of Economics and labour a contract about the substance of the settlement is concluded. The contract requires the agreement with the Federal Minister of finance.

(2) the Treaty has in particular to regulate



1. the preparation and examination of the promotion request in accordance with the provisions of this Act and the respective policies;

2. the delivery of the prepared support request on the Advisory Board to advise the Federal Minister of Economics and labour in terms of the promotion decision;

3. the conclusion of the agreements in the name and on behalf of the Federal Minister for economy and work with the promotion candidates, the settlement and the disbursement of development funds and control of compliance with the conditions of the promotion;

4. the recovery of granted investment subsidies;

5. the processing and the preparation of documents for the Committee and the implementation of the decision of the Federal Minister for Economic Affairs and labour;

6. the annual presentation of audited accounts no later than 1 may of the following year to the Federal Minister for Economic Affairs and labour, 7 the template of an economic plan for the next year until 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 supervision rights of the Federal Minister for Economic Affairs and labour;

10 reasons for contract resolution;

11. the Court of jurisdiction.

(3) for carrying out the promotion, a reasonable fee taking into account the cost of the settlement of similar promotions is to be set.

(4) the local businesses are to do with the care of a prudent businessman. For carrying out the promotion is a separate accounting group.

(5) the Federal Ministry of Economics and labour is any insight in particular in the promotion request and those whose documents relating to settlement to grant.

(6) the Federal Minister for Economic Affairs and labour are to provide information about promotion request and the administration of the settlement agency, and to submit appropriate reports.

(7) for the examination of the activity of the processing agent in this federal law, the Federal Minister for Economic Affairs and labour to appoint an auditor who is not identical with the external auditor to be ordered according to commercial law provisions has. The auditor has to consider also the appropriateness of every year to be fixed remuneration and the costs. The auditor has the result of the check promptly the Federal Minister for Economic Affairs and labour to submit.

(8) the clearing agency is subject to when their activity according to this law of the control by the Court of Auditors.

(9) a contract with Kommunalkredit Public Consulting GmbH in accordance with paragraph 1 is reached or no agreement of the Federal Minister for finance, is made to the contract concluded in accordance with paragraph 1 with the Kommunalkredit Public Consulting GmbH has the Federal Minister for Economic Affairs and labour to write out the activity of a clearing agency entrusted with processing the granting of investment aid under the subject Federal Act and the provisions for service concessions to award to the best bidder. With regard to shaping its contractual content processing, para 1 shall apply mutatis mutandis.

(10) the costs associated with the processing of investment grants are to cover for CHP and for medium-sized hydropower plants proportionally from the funds pursuant to section 13, paragraph 10, and in accordance with section 13a para 1 in conjunction with § 22a para 1.

Guidelines for granting investment aid



section 13d. (1) the Federal Minister for Economics and labour has to adopt guidelines for the implementation of the granting of investment aid.

(2) the guidelines have in particular provisions to include



1. the subject-matter of the investment subsidy;

2. eligible investment costs;

3. personal and objective conditions for obtaining investment subsidies;

4. proof of energy expediency of the project;

5 - if necessary - the procedures for the award of benefits by the recipient of the investment subsidies;

6 magnitude and nature of the investment subsidies;

7 the procedure a) search (nature, content and facilities of documents);

b) payout mode;

c) reporting (final cut);

d) adjustment and recovery of the investment subsidies granted;

8. the Court of jurisdiction.

(3) the technical guidelines have in particular provisions to include



1. principles of design and inputs;

2. amount and type of planning documents, including the variant studies;

3. implementation, control, accounting, and final review;

4. operations and maintenance, as well as ensuring the effectiveness of systems.

(5) in the case of the issuing of directives, the agreement with the Federal Minister of finance and the Federal Ministry of agriculture and forestry is to establish environmental and water management. The guidelines are to be published in the "Amtsblatt zur Wiener Zeitung". This announcement may be replaced by the announcement of the enactment of the directives, indicating the location of their existence in the "Amtsblatt zur Wiener Zeitung". The European Commission is to teach paragraph 3 of the EC Treaty before the issue of these guidelines in accordance with article 88. "Prior to the conclusion of the in the article 88 E GM of procedure provided may not be granted investment subsidies."

The title of the 3rd part is 10 g.:



"3.Teil

Eco power clearing agency"

11 § 14 and heading is as follows:



"Conditions of exercise



Section 14 (1) which is purchase and sale of eco-energy, destined for a duty of acceptance in accordance with § 10 eco-electricity Act (eco power management interface), requires a licence. The licence shall be granted by the Federal Ministry of Economics and labour for the entire Federal territory.

(2) the licence shall be granted in writing and with the required terms and conditions are provided to ensure the tasks of the eco power settlement agency. The eco power clearing agency is obliged to establish an eco-balance group for each control area.

(3) the provisions concerning the tendering of service concessions are to be applied."

11A. According to § 14 14a following sections are inserted until 14e:



"Submission



§ 14a. The applicant has the application for granting a licence to join the following documents:



1. information about the seat and the legal form;

2. the articles of incorporation or the social contract;

3. the business plan, from which emerge, the organisational structure of the company and the internal control procedures; also has the business plan to contain a budget forecast for the first three financial years;

4. a description of the available technical and organizational infrastructure;

5. evidence of at least three years of practical experience in the timetable and balance group management.

6. the amount of initial capital without restriction and without stress free available to the boards in the country;

7. the identity and the amount of the participation of the owners, who have qualifying holdings in the company, as well as providing the group structure, if these owners belong to a group;

8. the name of the intended management boards and their qualification for the operation of the company.

Of a licence



§ 14 b. (1) the concession for the eco power settlement agent (§ 14) is granted in writing by the Federal Minister for Economic Affairs and labour for all zones and can with be provided to ensure the tasks and conditions required for cost-effective compliance and requirements.

(2) a licence to engage in the activity of an eco power settlement agent (§ 14) may only be issued, if



1.

the applicant which I able No. 105/2006, to procure cost-effectively and safely to meet assigned tasks him through the eco-electricity Act in the version of Federal Law Gazette;

2. the persons, who have qualifying holdings in the company, meet the requirements to be in the interest of the sound and prudent management of the company and which are no irreconcilable conflict of interest with the objectives and purposes of the eco-electricity Act;

3. through close links of with other natural or legal persons of the company supervisory authorities on the effective exercise of their supervisory duty; not prevented from

4. the initial capital amounts to at least EUR 5 million and this without restriction and without stress free is the boards of Directors and the management and administration of the company are best ensured by the personnel and material equipment of the company;

5. If any of the Board members exclusion is a reason within the meaning of § 13 para 1 to 6 GewO 1994;

6. against any board a judicial preliminary investigation for a premeditated, threatened with more than one year imprisonment Act has been initiated up to the legal force of the decision, which terminates the criminal proceedings;

7. the Board members on the basis of their qualifications are technically suitable and that have experience and required properties for the operation of the company. The professional competence of the Executive Committee requires that this has sufficient knowledge of support mechanisms, EU aid and funding schemes and settlement of green electricity, as well as management experience; the professional competence for the management of a clearing agency is to assume if an at least three-year senior activity in relation to the electricity sector or accounting;

8. at least a Board has the Centre of its vital interests in Austria;

9. no Board of Directors exercising another main profession outside the company, is suitable to cause conflicts of interest;

10. the seat and headquarters in Germany are;

11. If the available settlement system complies with the requirements of a modern settlement system;

12. the neutrality, independence and the confidentiality of data compared with market participants and the efficient regional processing are guaranteed and the efficient regional settlement on at least a regional settlement agent for the zones in which the company has not established, is guaranteed.

(3) there are several applications for a licence, is the concession to issue the applicant who best meets the licensing requirements and the economic interest in a functioning electricity market and the purposes of the eco-electricity Act.

Concession withdrawal



§ 14c. (1) the Federal Minister for Economic Affairs and labour may withdraw the concession, when the eco power clearing agency activities



1. within a period of six months after the licence takes up or 2 more than a month does not exercise.

(2) the Federal Minister for Economics and labour has the concession to take back, if



(1) it caused by incorrect information or deceptive acts or otherwise as is been surreptitiously 2 their obligations to their creditors does not satisfy the eco power clearing agency;

3. a licence requirement no longer exists according to § 14 para 2 after a licence or 4. the eco power clearing agency sustainable not properly and in accordance with fulfil their tasks.

Termination of the concession



section 14 d. (1) the licence expires:



1. by lapse of time;

2. in the event a resolution condition.

3. with their completion;

4. with the termination of the processing of a concession holder.

5. with the opening of bankruptcy proceedings against the assets of the eco power settlement agent (2) the termination of the concession is to determine by ruling of the Federal Ministry of Economics and labour.

(3) the completion of a concession (paragraph 1 Z 3) is permitted only in writing and only if, before the management and administration of eco power clearing agency were taken over by eco power management elsewhere.

Change of ownership structure



section 14e. (1) anyone who intends to hold directly or indirectly, a qualifying holding in an eco power settlement agent has to display previously in writing to the Federal Ministry of Economics and labour, specifying the amount of this contribution.

(2) anyone who intends to increase, that the limits of 20 per cent, 33 per cent or 50 per cent of the voting rights or of the capital are met or exceeded or that the eco power clearing agency is its subsidiary, its qualified participation in an eco power clearing agency has this before the Federal Ministry of Economics and labour in writing.

(3) the Federal Minister for Economics and labour has to prohibit the intended participation, if that is not available in the sections 14a or 14B referred conditions within three months after a notification pursuant to paragraph 1 or 2. Not prohibited from participation, so the Federal Minister for Economic Affairs and labour may require an appointment up to the intentions referred to in paragraph 4 and 5 must be realized.

(4) the obligations referred to in paragraphs 1 and 2 shall apply in the same way for the intended task of a qualifying holding or falling below the limits for investments in an eco power management authority referred to in paragraph 2.

(5) the eco power clearing agency has in writing without delay to display each purchase and each task of shares each reached and each parent - and falling below the limits of participation within the meaning of paragraph 2 and 4 the Federal Ministry of Economics and labour, as soon as she become aware of them. Also has the Federal Ministry of Economics and labour at least once a year in writing indicating the names and addresses of the shareholders holding qualified shareholdings. the eco power clearing agency"

12 paragraph 15 together with the heading:



"Tasks of the eco power management agency



The tasks of the eco power processing centre are 15 (1):



1. eco-electricity in accordance with § § 10 and 10a to the prices given in accordance with § 11 to remove;

2. the conclusion of a contract) with the remaining balance, control zone leaders, network operators and electricity companies (producers and electricity traders);

(b) with facilities, create the indexes, for the purpose of data exchange;

(c) with suppliers (producers and electricity traders), network operators, and balance on the transmission of data;

3. the acquired pursuant to subpara 1 amounts of electrical energy in accordance with the market rules to electricity traders, as far as they supply end users in Germany, to assign 22 b para 2 and 3 against the transfer prices pursuant to section daily. The assignment is done in the form of timetables at the respective balance sheet group, where the electricity traders is a member, in the ratio of the amounts of electricity emitted per calendar month to end users in the control area. The clearinghouses have automatically to provide the required data. For the calendar month, the ratio is calculated after a month, which is three months back. The value of the first full month is used for newly incoming electricity traders.

4. to ensure that the equal share of eco energy end consumption percentage noted in each eco-balance group and the funding referred to in article 19 are applied evenly on the eco-balance group according to the proportion of final consumption of the control area corresponding with the eco-balance group, where in the compensation not to include amounts funded on the basis of any surcharges of Governors pursuant to § 30 para 4 are;

5. the creation of predictions about the future-powered electrical energy and from it derived schedules of subject to decrease electric power (section 10) and assign them to electricity traders. It is on a lowest possible seizure by balancing to ensure;

6. the rules of the market.

(2) the eco power clearing agency has to provide all the data required for their supervision the Federal Ministry of Economics and labour, as well as the energy-control GmbH. In addition the provision of section 47 applies ElWOG mutatis mutandis. It has to provide the data required for the establishment of a register database for origin in electronic form the energy-control GmbH.

(3) the eco power clearing agency has all organizational arrangements to meet to fulfill their tasks. It performs the function of the balance (Ökobilanzgruppenverantwortlichen) and has an eco-balance group for each control area to set up.

(4) the eco power clearing agency is obliged to exhaust all possibilities of the minimization of expenses for the balance energy. It is empowered to everyone to respect the timetables take necessary measures, including the purchase and sale of electric energy to carry out. She must separately estimate the expenses necessary for wind turbines for balance energy in the balance sheet to represent.

(5) the eco power clearing agency is subject to regardless of their ownership of the control of the Court of Auditors."

13 paragraph 16 paragraph 2:




"(2) for the eco-balance group is to charge no clearing of the balance Group Coordinator and there are no collateral to be deposited with the clearing houses. The eco power clearing agency is exempt particularly in beyond-rule zone schedules of charges for the use of power or for the power losses."

15 paragraph 18 para 3:



"(3) the permit is, if necessary, under notices of payment due requirements to grant conditions and limitations, if policies to comply with paragraph 3 are suitable circumscribed tasks in sections 10, 15 and 16."

16 paragraph 19 paragraph 1:



"(1) that electricity traders are obliged, the fee anyway, in the amount of the settlement price of other eco-electricity in accordance with § 22 b electrical energy to buy (§ 10) assigned to them and the eco power settlement agency para 3 and the clearing price for electricity from small hydropower plants in accordance with monthly payable article 22 para 2 for the respective amounts of electrical energy. Timetables, which handle are on the respective balance, are taking to minimize the costs of balancing energy to create and to take on the balance."

17 paragraph 2 deleted § 19.

18 § 19 para 3 is named "2".

19. the articles 20 and 21 and heading are:



"Market price



§ 20. The energy-control GmbH has to calculate the average market price of base-load electricity at the end of each quarter and publish. This value is calculated as the arithmetic average of the European energy exchange (EEX) set prices for the next four consecutive following baseload quarter (baseload quarter futures). For determining the appropriate quotes the last five trading days of the immediately preceding quarter are to be used. Should it no longer be published by EEX, comparable quotes of the EEX or another relevant power exchange are to be used.

Compensation of additional expenses of the eco power settlement agency



§ 21. The eco power settlement agency are to apply 4 following extra costs, taking into account a reasonable return on capital employed within the meaning of § 14 para 2 Z:



1 differences, arising from the proceeds from the sale of electricity from small hydropower plants and other eco-electricity plants (section 22 b) and the resulting from the prices given in accordance with § 11, with 2. the fulfilment of the tasks of the eco power settlement agency-related administrative and financial expenses, as well as 3. expenditures for the balance of energy.

The Federal Ministry of Economics and labour has to examine the aforementioned expenses within the framework of its supervisory function and to recognize decision."

20. after section 21 the following 3a is. Added:



"3a. part"

Displacement

Kontrahierbares single dining fare volume



§ 21a. For any newly commissioned other eco-electricity plants (§ 10 Z 4) is the kontrahierbare single dining fare volume from the additional support volume (§ 5 Z 31 lit. a) according to § 22a in the calendar year of submission in accordance with Article 10a paragraph 5, plus the value of ecological current to kontrahierenden to the average market price in the preceding calendar year (article 20) minus the aliquot expenses pursuant to § 21 Nos. 2 and 3 and minus an aliquot the determined pursuant to § central to leading 22 b para 6 to the countries. Any differences arising in any calendar year the funds collected pursuant to section 22 and the additional expenditures arising pursuant to § 21, are to represent losses or reserve formations and to compensate in the next calendar year by adjusting the support posts. For the calendar years 2007 to 2011, has the additional annual support volume to EUR 17 million and must not be exceeded. For the calendar year 2006 the additional support amounts to at least EUR 8,5 million; § 21a as amended by the Federal Act, is Gazette I no. 105/2006, before the expiration of 30 June 2006, the additional volume of support which may not be exceeded shall be determined from the aliquot portion of the annual 17 million euro support volume fixed for the calendar years 2007 to 2011. After this time is the additional volume of support by law to determine. The aliquot expenses as per § 21 Nos. 2 and 3 can be determined by regulation of the Federal Minister for Economic Affairs and labour. While you have years to adequately take into account costs preceded each technology in the.

Distribution of the single feed tariff volume



section 21 b. Of the volume of support, which subsequently kontrahierbare one dining fare volume derives from, on



1. eco-electricity plants, which are operated on the basis of solid biomass or waste with high content of biogenic, 30 vH;

2. eco-electricity plants, which are operated on the basis of biogas, 30 vH;

3. wind turbines 30 per cent;

4. photovoltaic installations, as well as more eco-electricity plants (eco-electricity plants, which operate on the basis of liquid biomass; Mixing combustion plant; Eco-electricity plants, other energy sources) 10 VH.

21 paragraph 22 together with the heading:



"Application of funds



Section 22 (1) for the application of the additional expenses pursuant to sections 12, 13, 13a and 21 (excluding additional expenses for small hydropower plants) is a funding contribution of all consumers connected to the public grid (counting point fee in EURO per reporting point) to make that network operators invoiced is to make and to raise with the relevant network use charge the consumers connected to their networks. The collected funds are to be paid quarterly on the eco power clearing agency. The eco power clearing agency is entitled to its funding contribution in advance and to collect quarterly against subsequent annual settlement. The subsidy is separately on the invoices for the use of power or to charge separately. The categories included in the funding contribution (CHP plants, medium-sized hydropower plants as well as other eco-electricity plants) are to lead. The network operators and the clearinghouses have to provide all the data needed for the calculation of contributions and other information the eco power settlement agency.

(2) disputes between the eco power settlement agency and consumers, as well as network operators, in particular on the performance of the funding contribution, the courts decide."

24. under section 22 the following § 22a and heading shall be inserted:



"Counting point package from the 2007 calendar year



section 22a. (1) the counting point fee is for the years 2007-2009:



1. for the network users connected to the network layers 1 to 3 Euro 15 000 per calendar year;

2. for the network users connected to the network level 4 EUR 15 000 per calendar year;

3. for the network users connected to the network level 5 EUR 3 300 per calendar year;

4. for the network users connected to the network layer 6 euro 300 per calendar year;

5. for the network users connected to the network layer 7 Euro 15 per calendar year.

(2) for the 2009 following years the energy control has the calendar year which for the applicable power levels counting point packages, starting with the year 2010, with regulation every three years to redetermine Commission. It is to go out by following criteria: from for the promotion of renewable energy (including investment grants for medium-sized hydroelectric power, but excluding demand for small hydropower plants) and investment subsidies fossil cogeneration, as well as support existing and modernised CHP required volume of support are to cover 38% by those means - based on forecasts - which are recognised by the counting point package. The counting point packages designated in paragraph 1 in the same proportion are to adapt, that 38% of the required support will be covered by funds collected from the withholding of the counting point packages.

(3) in the case of a use of the network of less than one calendar year one-twelfth of the respective Zählpunktpauschales in accordance with paragraph 1 is a new calendar month payable."

25 according to § 22a, the following paragraph is inserted 22 b together with heading:



"Transfer pricing



section 22 b (1), which has Energy Control Commission for the calendar year 2006 following years annually in advance by regulation to set separate transfer pricing for small hydropower, as well as for other eco-electricity. Periodic adjustments are allowed.

(2) the transfer pricing for small hydro power is such a height on the basis of forecasts so to set in, that all additional expenses of the eco power settlement Agency referred to in section 21 for small hydropower plants are covered.

(3) the pricing for other eco-electricity is in such a height on the basis of forecasts so set, that the extra costs of the eco power settlement Agency referred to in section 21 for other green electricity, taking into account the revenue from the counting point allowance referred to in Article 22a are covered.


(4) a balanced result between the in the following year to anticipated additional expenses on the one hand, as well as the proceeds from the sale of green electricity and the funds collected by the counting point packages on the other hand predicted during this period is to strive for. Any differences between the funding raised by the contributions in a calendar year and the additional expenditures identified during this period in accordance with section 21 are to compensate in the following calendar year.

(5) the total receipts from the transfer pricing for small hydro power minus the product of the sets from funded small hydropower plants with the market price referred to in article 20 may not exceed the amount of euro 85 million."

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



(6) (constitutional provision) Where according to a proportion para 3 specific transfer pricing should be, of the countries for the promotion of new technologies to the eco-electricity generation, excluding hydro-electric power, sewage sludge, animal meal and lye down, as well as to provide for the promotion of energy efficiency programs is. The amount to be refunded the countries per year is 2007 seven million euros from the year. Be measured according to the ratio of the output of electrical energy to the final consumer in the country in a calendar year is the amount to be refunded to the countries. On the use of these funds to submit a written report is separated at the Federal Ministry for Economics and labour, as well as on the energy-control GmbH from each country no later than 30 June of the following year. This report anyway, supported green power projects with performance, technology and annual power generation as well as the supported energy efficiency programs each with indication of the extent of support to be specified."

25. section 23 together with the heading is as follows:



"Management of the funding



Section 23 (1) to the management of funds for the compensation of the additional expenditures referred to in section 21 (subsidies) has the eco power clearing agency to set up an account.

(2) the funds referred to in paragraph 1 are applied:



1. from funding contributions according to §§ 22 and 22a;

2. from the sale of renewable energy according to § 19 iVm. § 22 b received funds.

3. from the collected amounts as per § 29 imposed the administrative penalties;

4. by other allowances;

5th Central veranlagten the out of interest.

(3) the management of the account is whether the eco power settlement agency. You have the means to invest interest housing. The Federal Minister for Economic Affairs and labour, which is energy-control GmbH as well as the consulted experts to provide access to all documents at any time.

(4) the eco power clearing agency has a year to report the electricity Advisory Board.

(5) the eco power clearing agency has to transfer the funds for the promotion of power heat cogeneration plants in accordance with § 13 (support for existing power heat cogeneration plants) quarterly on the energy-control GmbH. Funding for the grants in accordance with § 12 (investment grants for new cogeneration and medium-sized hydroelectric power) are quarterly to be transferred to the processing facility for investment subsidies."

25. c (constitutional provision) § 30 para 3 No. 1 is:



' 1. until 31 July 2002 legislation in accordance with article 34, paragraph 1 ElWOG as amended by Federal Law Gazette I no. 121/2000 or "26 (constitutional provision) § 30 para 5 and 6 are:



"(5) that due to § 34 paragraph 3 and 4 of the Elektrizitätswirtschafts and Organization Act, Federal Law Gazette I no. 143/1998 and as amended by Federal Law Gazette I no. surcharges up to upscale the entry into force of this Federal Act shall, 121/2000 of network operators - which is unused caused less revenue to cover from the commitment for eco-energy - to provide the countries for the purposes of the promotion of new technologies to the eco-electricity generation." Proven overcost of network providers that not be compensated from the according to § 34 paragraph 3 and an upscale 4 ElWOG surcharges are to cover the priority in accordance with section 22 b para 6 allocated funds.

(6) the countries can use them for purposes of promoting technology and energy efficiency programmes in accordance with paragraph 5, as well as section 22 b para 6 to available resources for granting production aid for eco-electricity plants."

27. According to § 30, following sections 30a and 30B with headings shall be inserted:



"The conclusion of a contract with the Kommunalkredit Public Consulting GmbH



section 30a. The conclusion of the contract about the substance of the settlement of investment subsidies between the Federal Ministry of Economics and labour and of Kommunalkredit Public Consulting GmbH no later than three months after the announcement of the SEC. 13 c in the version of Federal Law Gazette. I no. 105/2006 must be made. A contract with the Kommunalkredit Public Consulting GmbH has not concluded, the Federal Minister for Economic Affairs and labour to write out the handling of the granting of investment aid comes within this period.

Transfer of rights and obligations on the eco power clearing agency



Article 30 b. (1) the eco power clearing agency is the legal successor of the former Ökobilanzgruppenverantwortlichen (control area Manager) and comes with the licensing (§ 14 b) following the first month in place of the previous Ökobilanzgruppenverantwortlichen especially in the eco-electricity producers, balance, electricity traders and operators on the basis of the General conditions (sec. 18) a previously concluded contracts. This time is energy-control GmbH immediately on the Internet at www.e-control.at and in the Official Gazette of the Wiener Zeitung to publish. The control area manager as Ökobilanzgruppenverantwortliche have contracts for the economic transfer of the documents required for the performance of their tasks, in particular data and databases, as well as the other resources (computer equipment), complete with the eco power settlement agency. Rights, obligations and grants, which have gained the control area manager in their capacity as Ökobilanzgruppenverantwortliche, go over the date of the month following the grant of the licence on the eco power clearing agency. In particular the control area manager have them as Ökobilanzgruppenverantwortliche received excess cash of the eco power settlement agency to follow. Any differences in the sense of section 22 paragraph 2 as amended by the Federal law. I no. are 149/2002, to equalize between the eco power settlement agency and the rule zone leaders. Until then, the settlement by the control area manager as Ökobilanzgruppenverantwortliche has to be, also the compensation of additional expenses in accordance with section 21 is due to which until then.

(2) the legislatively mandated capital transfers to the eco power clearing agency, in particular capital transfers from the control zone leaders, are exempt from all deadline regulated taxes, duties and fees."

28. According to article 30, b is inserted the following paragraph 30 c together with the heading:



"Transitional provision § 13 para 3 and 4 as amended by Federal Law Gazette I no. 105/2006"



section 30c. The procedures completed for the years 2003 and 2004, by the promotions in accordance with § 13 para 3 and 4 as amended by Federal Law Gazette I no. 149/2002 has been granted or by the applications for the granting of aid under those provisions not been held is, are to resume AVG in accordance with § 69 on request of a party. The request for recovery is to introduce within three months of entry in force of this federal law (section 32a para 3) at the Federal Ministry of Economics and labour. Subsidies that are granted the on base at the time of entry of into force of this federal law, are to be. The Federal Ministry of Economics and labour has to assume those criteria in its decision, as they I no. 149/2002, were included eco-electricity Act, Federal Law Gazette in § 13 para 2."

28A. (constitutional provision) the following section 30 d including heading shall be inserted after section 30 c:



"Transitional provisions to the articles 22a and 22B



section 30 d.

(Constitutional provision) (1) for the period between 1 January 2003 and the date referred to in section 32a (4) are electricity distributors who import green electricity or CHP energy and these imported green electricity or this imported cogeneration energy on domestic consumer sale, as well as end users that import green electricity or CHP energy for their own use, entitled, reimbursement of the support fee for small water power or for other green electricity for the energy-control GmbH or CHP surcharges for cogeneration energy at the Federal Ministry of Economics and labour demand.

(2) on the applications referred to in paragraph 1 is to decide with notice. The refund from the means of promoting green power for eco-electricity, refunds for CHP energy will be made from the funds of the CHP promotion. The funds necessary for the refund must be considered 22B for the calculation of the clearing price in accordance with article 19 and §. The amount of the reimbursement is to determine by notice of the Federal Minister for Economic Affairs and labour (CHP units) and the energy-control GmbH. The payment of administrative decision certain sums shall be made by the eco power clearing agency.


(3) the amount of the refund for the respective electricity traders in 2006 must be not more than 110% of the amount of the refund for the year 2005. In fiscal years by way of derogation from one calendar year the amount of the refund for the respective electricity traders, for the financial years 2005 completed after the end of the year must not exceed 110% of the previous year's respective period. Current dealers who have supplied no domestic consumers in 2005, can apply for a refund for imported green electricity or CHP electricity of more than 100 GWh in 2006. Applications for the year 2006 must be placed only by those electricity traders, have displayed their work before May 1, 2006. The amount of the refund for the respective end users that import energy for their own use green electricity or CHP, in the year 2006 must be not more than 110% of the amount of the refund for the year 2005. In fiscal years by way of derogation from one calendar year the amount of the reimbursement for the respective end user, for the financial years 2005 completed after the end of the year must not exceed 110% of the respective period of the previous year.

(4) a claim for reimbursement of the support fee for electricity from small hydropower or other green electricity or CHP surcharges only exists if



1. the full application within one month of that date in section 32a (4) provided.

2. the application enclosed are the proofs of origin in accordance with Directive 2003/54/EC or 2004/8/EC;

3. the origin of the competent authority of the country of origin confirmed, are deleted and the documentation it is enclosed with the application and 4. electricity retailers the origin verifiably and explicitly used for the documentation of the current marking in accordance with sections 45 and 45a ElWOG during the respective period as proof of origin, where this by that auditor acknowledged the documentation according to § 45a, paragraph 6 , is to confirm and this confirmation is supplied with the application;

5. for end users that import power from small hydropower or other green energy or cogeneration energy for its own needs, the origin has been shown at the latest three months after the expiry of the respective business or calendar year this consumer are located above.

(5) the amount of the refund per kWh is according to the funding contribution regulations for the years 2003 to 2006 for imported other green electricity for the period from 1 January 2003 to 31 March 2004 0.12 cents / kWh, for the period from 1 April 2004 to 31 December 2004 0.183 cents/kWh, for the period from 1 January 2005 to 31 December 2005 0,242 cent/kWh for the year 2006 0,416 cents / kWh. The amount of the refund per kWh is according to the funding contribution regulations for the years 2003 to 2006 for imported green electricity from hydroelectric power plants for the period from 1 January 2003 to 31 March 2004 0.005 cents / kWh, for the period from 1 April 2004 to 31 December 2004 0.035 cents/kWh, for the period from 1 January 2005 to 31 December 2005 0.002 cents/kWh for the year 2006 0.000 cents / kWh. The CHP energy refund amounts for the years 2003 and 2004 0.15 cents / kWh for the year 2005 0.13 cents / kWh for the year 2006 0.07 cents / kWh.

(6) as far as the treaties by electricity traders with end-consumers a different pricing based is as according to section 22 b eco-electricity act as amended by the amendment to the eco-electricity Act 2006 BGBl. I set no. 105/2006 and under such treaties not the statutory pricing adapted to be may, are the electricity traders entitled to immediately under this Act through in accordance with section 22 b eco-electricity Act set, new transfer pricing to pass on any cost changes to end users. Liberty end-users who are consumers within the meaning of the Consumer Protection Act, to terminate the contract within a reasonable time after notification of the price adjustment on this occasion."

29 (constitutional provision) after section 32 is attached the following article 32a together with the heading:



"In effect the amendment to the eco-electricity Act 2006



Article 32a.

(Constitutional provision) (1) sections 14, 14a-14e and 30 b in the version of Federal Law Gazette No. 105/2006 I enter with force, July 1, 2006.

(2) § 10 Z 5 with the day following the by-laws enter into force.

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

appear (4) § § 22a and 22B 1 January 2007 in force."

29A. the annex to article 5 para. 1 sub-para. 5 is:



"Appendix 1

Waste with high content of biogenic pursuant to § 5 para 1 subpara 1

 

Waste with high content of biogenic are defined by the assigned five-digit key number and, where appropriate, by the additional two-digit specification in accordance with annex 5 of the waste directory regulation 2 types of waste listed below in table 1 and (with the specified constraints) table. Subsets of types of waste, which listed are not in tables 1 and 2, are not considered wastes with high content of biogenic and biomass.

 

 

Table 1: High content of biogenic waste

 





Key number and specification





Waste designation and specification







12





Waste of vegetable and animal fat products







123





Wastes from the production of vegetable and animal fats and waxes







12301





Waxes







125





Emulsions and mixtures of vegetable and animal fat products







12501





Contents of grease traps







12503





Oil -, grease - and wax emulsions







17





Wood waste







171





Wood waste from the treatment and processing







17104





Wood dust from sanding and slurries







17104 01





Wood dust from sanding and slurries - (from) behandeltes(m) wood







17104 02





Wood dust from sanding and slurries - (of) demonstrable exclusively mechanical behandeltes(m) wood







17104 03





Wood dust from sanding and slurries - (from) behandeltes(m) wood, free of harmful substances







17114





Dust and mud from the particle board production







17115





Chipboard waste







172





Wood waste from the application







17202





Construction and demolition wood 1)







17202 01





Construction and demolition wood - (from) behandeltes(m) wood 1)







17202 02





Construction and demolition wood - (of) demonstrable exclusively mechanical behandeltes(m) wood







17202 03





Construction and demolition wood - (from) behandeltes(m) wood, free of harmful substances







17207





Railway sleepers







17209





Wood (E.g. poles and masts), creosote impregnated







17209 88





Wood (E.g. poles and masts), creosote impregnated - out considered







18





Pulp, paper and cardboard wastes







184





Wastes from the processing of cellulose







18401





Paper residues (spitting substances) without waste paper processing







187





Paper and cardboard wastes







18702





Paper and paperboard, coated







19





Other wastes from the processing and refining animal and plant products







199





Other wastes from the processing and refining animal and plant products







19909





Sud boiler residues (SOAP making)







94





Waste from water treatment, wastewater treatment and water use







947





Residues from the sewer and wastewater treatment (excluding sludge)







94705





Content from grease traps







949





Wastes from the use of the waters







94902





Screenings from computing systems of power plants





 



(1) excluding salt-impregnated wood [Note: salt-impregnated timbers can involve a high input of heavy metals (lead white, CFA salts, etc.) is not destroyed in the thermal treatment].

 

Notes to table 1:

The solids content of the above mentioned waste consists predominantly (over 90%) of organic carbon. Thereby, we can distinguish three groups of waste:

Group 1:

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

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

The solids content of such waste is the predominant portion of organic carbon of biological origin (in the form of cellulose and lignin). The calorific value of the dry matter is on the order of 20 MJ/kg.

Group 2:


The following wastes are derived primarily from animal and vegetable fats. The amount of carbon is biological in origin and is essentially in the form of glycerides and fatty acids. The calorific value of the organic matter is thus very high (order of 30 MJ/kg).

12301, 12501, 12503, 19909, 94705

Group 3:

The following wastes represent a bond between the waste of Group 1 and synthetic polymers (PE, etc.) or metals (Al). The specific calorific value which is not biological units but higher than those of biological interest, still outweighs the calorific value of biological units in the mix to much more than 50% (the calorific value of PE lies though about twice as high as those of paper, but is the plastic portion usually under 25%).

18702

 

 

Table 2: Waste with high proportion of biogenic, insofar as such a biological recovery not possible or is preferable

 





Key number and specification





Waste designation and specification







11





Food and beverage waste







111





Waste from the food processing industry







11102





layered food







11103





Husk, husk - and grain dust







11104





Seasonings residues







11110





Molasses







11111





Dough







11112





Beet chips, beet cocks







114





Waste from food production







11401





layered luxury food







11402





Tobacco dust, tobacco Grus, tobacco ribs







11404





Malt grains, malt sprouts, malt dust







11405





Hop beer pellet







11406





Stripping - and swimming barley







11415





Pomace







11416





Manufacturing residues of coffee (E.g. Fried goods and extraction residues)







11417





Manufacturing residues of tea







11418





Cocoa production residues







11419





Yeast and yeast-like residues







11423





Residues and waste from the production of fruit juice







117





Wastes from the production of animal feed







11701





Feed







11702





layered feed







12





Waste of vegetable and animal fat products







121





Wastes from the production of vegetable and animal oils







12101





Oilseed residues







12102





rotten vegetable oils







123





Wastes from the production of vegetable and animal fats and waxes







12302





Fats (E.g. frying oils)







127





Sludges from the production of vegetable and animal fats







12702





Sludge from the production of cooking oil







12703





Sludge from the production of cooking oil







12704





Centrifuge sludge







129





Refining residues resulting from the treatment of vegetal and animal fats







12901





Bleaching Earth, containing oil







17





Wood waste







171





Wood waste from the treatment and processing







17101





Bark







17102





Rinds, splinters from natural, clean, uncoated wood







17103





Saw dust and sawdust from natural, clean, uncoated wood







172





Wood waste from the application







17201





Wood tool cabinets and wood waste, not contaminated







17201 01





Wood tool cabinets and wood waste, wood not contaminated - (from) behandeltes(m)







17201 02





Wood tool cabinets and wood waste, wood not contaminated - (of) demonstrable exclusively mechanical behandeltes(m)







17201 03





Wood tool cabinets and wood waste, wood, free of harmful substances not contaminated - (from) behandeltes(m)







17203





Wood wool, not contaminated







18





Pulp, paper and cardboard wastes







181





Wastes from the manufacture of pulp







18101





Residues from the pulp production (spitting substances and branches)







19





other wastes from the processing and refining animal and plant products







199





other wastes from the processing and refining animal and plant products







19901





Thick mud







19903





Gelatine waste







19904





Residues from the production of potato starch







19905





Residues from the production of corn starch







19906





Residues from the production of rice starch







19911





Bowel wastes from processing







53





Waste Pflanzenbehandlungs - and pesticides as well as pharmaceutical products and disinfectants







535





Waste of medicinal products







53504





Grounds of medicinal plants







91





Solid waste including similar commercial waste







916





Market waste







91601





Viktualienmarkt waste







917





Green waste







91701





Garden and Park wastes and other biogenic wastes that do not meet requirements of compost regulation as amended







94





Waste from water treatment, wastewater treatment and water use







949





Wastes from the use of the waters







94901





Residues from the water cleaning (Bach departure, Abmäh - and fishery goods)





 

Notes to table 2:

The waste referred to in table 2 are of biological origin (animal and plant products) and contained in the solid substance primarily hydrocarbon compounds; they can be split again into three groups:

Group 1:



"Native" biological material, i.e. plants, parts of plants (including extraction residues) and animal tissues in their natural composition. The solids content consists mainly of biologically fixed carbon in the form of cellulose/lignin (cell-wall, store body), protein and glycerides (cell membrane, memory body). A "antropogener" share is low (possibly 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 (if necessary with specification), 17203, 18101, 19901, 19903, 19904, 19905, 19906, 19911, 53504, 91601, 91701, 94901

Group 2:

Plant and animal substances processed to food: the solids content of such waste is predominantly biological origin with low proportions (inorganic) fillers and possibly packaging remains.

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

Group 3:

Processing residues with a high proportion of inorganic, whose organic Anteil but is entirely biogenic origin.

12901 "

30. as far as in the not by the Federal Act Federal Law Gazette I new regulations in the field of energy production from renewable energy sources and in the area of combined heat and power are no 105 / 2006 amended provisions of the Federal law, with the (eco-electricity Act), Federal Law Gazette I no. 149/2002, the word "Its" is included, this is replaced by the expression "Eco power clearing agency" in the respective grammatically correct form.

Article 2

Federal law, which amends the electricity industry and Organization Act

The Elektrizitätswirtschafts and Organization Act, Federal Law Gazette I no. 143/1998, as last amended by Federal Law Gazette I no. 44/2005 is amended as follows:

1. (determination of principle of) in § 7 accounts for the previous Z 48 and 49.

2. (determination of principle of) in § 47 para 2 Z 5 is the point with a semicolon to replace; the Z 5 6 is added following Z:



"6. all measures to meet, which are required to minimize the expenses of the eco power settlement agency for balance energy."

3. (constitutional provision) § 47 para 4 States:




(4) (constitutional provision) The balance has to submit the General conditions for the approval of energy-control GmbH and to change prompt this, unless this is necessary to achieve a competitive market or to the acquisition of ecological current assigned to the electricity traders. The energy-control GmbH can cause particularly also needed to minimize the expenses of the eco power settlement agency for balance energy changing the temporal framework for the allocation of timetable."

Article 3

Federal law that modifies the Energy Regulatory Authority Bill

The Federal law on the duties of the regulatory authorities in the field of natural gas and electricity and the construction of energy-control GmbH and the Energy Control Commission (Energy Regulatory Authority Bill E-RBG, Federal Law Gazette I no. 121/2000, in the version of Federal Law Gazette I is no. 148/2002, as follows changed:)

1. paragraph 1:





§ 1.

(Constitutional provision) The issuing, suspension, and enforcement of regulations, as they are included in this federal law, are also the concerns of Federal thing, for which the B-VG determines otherwise. The matters regulated in this federal law can be provided directly by the facilities provided for in this regulation."

2. (constitutional provision) in § 16 par. 1 Z 24, the point is replaced by a semi-colon; Z 24, following Z 25 is added to § 16 section 1:



"25. the fixing of the amount of the surcharge pursuant to § 13 para 10 eco-electricity Act and the amount of the fee pursuant to § 22a para 2 of the eco-electricity Act."

3. in article 26, para. 3 subpara 2 and in section 26a para 2 subpara 1, the phrase "for justice" by the phrase "for social security, generations and consumer protection" is each to replace.

4. According to Article 26a, the following paragraph is inserted 26 b together with the heading:



"Advisory Board for investment support



Article 26 b (1) to advise the Federal Minister of Economics and labour in preparing the guidelines under section 13d of the eco-electricity Act, Federal Law Gazette I no. 149/2002, amended by Federal Law Gazette I no. 105/2006, when the decision to grant investment aid in accordance with article 12 and article 13a eco-electricity Act is an Advisory Board set up.

(2) the recommendations of the Advisory Board for the granting of investment grants are taking on the relevant legal provisions, to give the provisions of the guidelines for the granting of investment subsidies and financial cover.

(3) the Advisory Board have to belong to in addition to the Chairman:



1. two representatives of the federal ministries for Economic Affairs and labour, and for agriculture and forestry, environment and water management, each a representative of the federal ministries of finance for social security, generations and consumer protection, as well as a representative of energy-control GmbH;

2. a representative of each federal State and one representative of the Austrian Städtebund and the Austrian Association of municipalities;

3. a representative of the Austrian Federal Economic Chamber, the Conference of Presidents of the Chambers of agriculture in Austria, the Federal Chamber of labour, the Austrian Trade Union Confederation and the Federation, as well as 4 per one representative of the parliamentary clubs represented in the main Committee of the National Council.

For each Member, order a replacement member.

(4) the Chairman from among the members of the Federal Ministers for Economic Affairs and labour is the representative in para 3 Z are 1-led ministries by the competent Federal Ministers, and all other members shall be appointed on a proposal of sending bodies of the Federal Ministers for Economic Affairs and labour.

(5) the members and alternate members of the Advisory Board are committed to rigorous and objective performing of their function. They are, if not permanent representatives, to commit to the conscientious fulfilment of their obligations by the Chairman of the Advisory Board. The activity of the members of the Advisory Board is a volunteer.

(6) which members and alternate members of the Advisory Board may be a as such designated business or trade secret, which is entrusted to them in this property or become available, for the duration of their appointment, and even after termination of their function does not reveal or exploit.

(7) Furthermore are paragraphs 7 to 12 of the Federal Act on the promotion of measures in the areas of water management, the environment, the environmental remediation and the protection of the environment in other countries, BGBl. mutatis mutandis to attract No. 185/1993 in the currently valid version."

Fischer

Bowl

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