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Change The Electricity Economic And Organization Act

Original Language Title: Änderung des Elektrizitätswirtschafts- und -organisationsgesetzes

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44. Federal law amending the Electricity Economic and Organization Act

The National Council has decided:

The Electricity Economy and Organization Act, BGBl. I n ° 143/1998, as last amended by the Federal Law BGBl. I n ° 63/2004, shall be amended as follows:

1. The table of contents shall be amended as follows:

After the expression " § 68. Transitional provisions " two new paragraphs are formed into each of the word sequences " § 68a. Transitional provisions on the amendment of the BGBl amendment. I No 63/2004 " and " § 68b. Transitional provisions on the amendment of the BGBl amendment. I No 44/2005 " are inserted.

2. (determining principles) § 7 Z 3 reads:

" 3.

"balancing group coordinator" means a legal person established in the form of a public limited liability company, who is entitled to manage the balance sheet groups of a regulatory zone with respect to balancing energy in organisational and accounting terms; "

3. (determination of principles) § 22 para. 2 Z 12 reads:

" 12.

the designation of the balance sheet coordinator and its notification to the Authority. "

4. (Determination of the principles) The following paragraphs 3 to 8 are added to section 22 (2):

" (3) The implementing laws must provide for the exclusion from the activity of a balance sheet group coordinator of undertakings which are subject to a decisive influence of undertakings or a group of undertakings which have at least one of the Perform functions of the commercial generation, transmission, distribution or supply of electricity. In addition, it should be made clear that:

1.

the balance group coordinator is able to carry out the tasks assigned to him in accordance with paragraphs 4 and 5 in a safe and cost-effective manner; at any rate, a cost-effective approach to the tasks shall be assumed when the determination of the tasks of the group coordinator is to be carried out at the level of the cost base for the clearing house shall be the basis for the procedures and principles to be used for determining system-use tariffs;

2.

the persons holding a qualifying holding in the balance sheet group coordinator, who, in the interests of sound and prudent management of the undertaking, meet the requirements to be met;

3.

in the case of none of the board members of the balance sheet group coordinator, there is no reason for exclusion within the meaning of Section 13 (1) to (6) of the WCO 1994;

4.

the Board of Management of the balance group coordinator is technically suitable for the purpose of its pre-formation and has the necessary properties and experience for the company's operations. The professional competence of a board of directors requires that it has sufficient theoretical and practical knowledge in the accounting of balancing energy and management experience; the professional competence for the management of a board of directors is subject to the following: the accounting authority shall be accepted if at least three years of managerial activity in the field of tarification or accounting is demonstrated;

5.

at least one board is at the centre of its life interests in Austria;

6.

No Board of Management exercises another main occupation outside the balance group coordinator, which is likely to cause conflicts of interest;

7.

the head office and the head office of the balance sheet group coordinator are located in the country and the balance group coordinator has a set of functions corresponding to its tasks;

8.

the settlement system at its disposal meets the requirements of a timely billing system;

9.

the neutrality, independence and data confidentiality are guaranteed to market participants.

(4) The implementing laws must have the following activities to include the tasks of the balancing group coordinator:

1.

the allocation of identification numbers of the balance sheet groups;

2.

the provision of interfaces in the field of information technology;

3.

the management of roadmaps between balance sheet groups;

4.

the acquisition of the measurement data transmitted by the network operators in a given form, their evaluation and transfer to the relevant market participants and other accounting groups responsible in accordance with the provisions contained in the contracts;

5.

the taking over of the schedules of the accounting group responsible and the transfer to the market participants concerned (other accounting groups responsible) in accordance with the provisions set out in the contracts;

6.

the creditworthiness test of the accounting group responsible;

7.

cooperation in the elaboration and adaptation of regulations in the area of customer change, settlement and settlement;

8.

the accounting and organisational measures in the event of the dissolution of balance sheet groups;

9.

the division and allocation of the difference resulting from the use of standardised load profiles to the market participants connected to the network of a network operator, in accordance with transparent criteria, in accordance with the measurement values;

10.

the clearing of the clearing fees to the balance sheet groups responsible;

11.

the calculation and allocation of balancing energy;

12.

conclusion of contracts

a)

with balance sheet group managers, other regulatory zone leaders, network operators and power suppliers (producers and distributors);

b)

with facilities for the purpose of data exchange for the creation of an index;

c)

with electricity exchanges on the transfer of data;

d)

with suppliers (producers and electricity traders) on the transfer of data.

(5) In the context of the calculation and allocation of the balancing energy, provided that there are no special provisions in the framework of contracts pursuant to Section 70 (2) of the ElWOG, in any case

1.

to obtain offers for balancing energy, and to create a retrieval order as a default for rule zone guides;

2.

the difference between timetables for measurement data and the calculation, assignment and calculation of balancing energy;

3.

determine the prices for balancing energy in accordance with the procedure described in § 10 of the German Settlement Act Act and to publish it in an appropriate form;

4.

calculate the charges for balancing energy and communicate to the balance-group responsible and regulatory zone leaders;

5.

to take special measures where there are no compensatory energy offers;

6.

to record, archive and publish the standardised load profiles used;

7.

To provide market participants with information on the measures necessary to ensure a transparent and non-discriminatory and liquid balancing energy market as far as possible. In any case, this includes a current presentation of the received offers for control energy (unintended exchange, secondary regulation, minute reserve retrieval), marketers or similar market instruments as well as a current representation of the retrieved products. Offers.

(6) The implementing laws shall have to provide that the control zone guides shall have the designation of the balance sheet group coordinator of the Authority. If the activity of a control zone guide extends over several countries, the designation must be displayed to all national governments in contact with the area of influence of the country. If the conditions to be provided in accordance with paragraph 3 are not available, the Authority shall be informed of this. Before making a decision, the Authority shall establish with those State Governments the agreement in whose sphere of action the control zone is situated.

(7) If no notice of determination is issued within six months of the notification pursuant to paragraph 6, and within that period no national government shall submit an application pursuant to Article 15 (7) B-VG, the implementing laws shall have to provide that the person appointed shall be entitled to carry out the activities of a balance group coordinator. The implementing laws must provide that the authority to carry out an activity of a balance group coordinator shall be recognised if the conditions laid down in paragraph 3 are no longer available. The procedure provided for in the last sentence of paragraph 6 shall apply. '

(8) In cases where:

1.

there is no indication of a balance-group coordinator in accordance with paragraph 6, or

2.

the authority has issued a notice of arrest in accordance with paragraph 6, or

3.

the eligibility for the performance of the activity of a balance group coordinator has been recognised;

, the Authority shall, on its own account, select an appropriate person, taking into account the conditions of exercise specified in paragraph 3, and undertake to provisionally take over the tasks of a balance-group coordinator. The Authority shall be responsible for establishing the agreement with the State Governments in whose sphere of action the control zone shall extend. The Authority shall be notified of this decision as soon as a suitable balance group coordinator is appointed by the control zone guide. Before this decision is lifted, the Authority shall establish with those State Governments the agreement in whose sphere of action the regulatory area extends. "

5. (Determination of the principles) According to § 68a, the following § 68b with headline is inserted:

" Transitional provisions on Novelle BGBl. No 44/2005

§ 68b. (Principle) (1) The implementing laws should have to provide that the control zone leaders have to designate a capital company to carry out the activities of a balance group coordinator from 1 July 2005. The panel shall provide evidence that the designated balance group coordinator is able to perform the tasks defined in Article 22 (4) and (5) in a cost-effective and efficient manner and meets the conditions laid down in paragraph 3.

(2) If, by 1 July 2005, the period of six months in accordance with Section 22 (7) is not expired or if a Land Government has submitted an application pursuant to Article 15 (7) B-VG, the named balance group coordinator shall be allowed to exercise its activity provisionally. If no notification is made pursuant to section 22 (6) or if the authority has issued a notice of determination pursuant to section 22 (6) or if an execution law only enters into force after 1 July 2005, the concession shall be granted on 30 June 2005. The balance group coordinator will continue to carry on his activity for the time being. "

6. According to Article 71 (6a), the following paragraph 6b is inserted:

" (6b) (directly applicable federal law) The Länder have the implementing laws to those in the Federal Law BGBl. I n ° 44/2005, within six months of the day of the BGBl proclamation. I n ° 44/2005 and in force. "

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