Regulation For Execution Of The Regulation To The Eeg Compensation Mechanism

Original Language Title: Verordnung zur Ausführung der Verordnung zum EEG-Ausgleichsmechanismus

Read the untranslated law here: http://www.gesetze-im-internet.de/ausglmechav/BJNR013400010.html

Regulation for the execution of the regulation to the EEG compensation mechanism (leveling mechanism regulations AusglMechAV) AusglMechAV Ausfertigung date: 22.02.2010 full quotation: "compensation mechanism execution Decree of February 22, 2010 (BGBl. I p. 134), most recently by article 2 of the Decree of February 17, 2015 (BGBl. I S. 146) has been changed" stand: last amended by art. 2 V v 17.2.2015 I 146 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 27.2.2010 +++) heading: IdF article 2 No. 1 V v. 17.2.2015 I 146 mWv 20.2.2015 input formula on the basis of § 64 paragraph 3 number 7 of the renewable energy law of October 25, 2008 (BGBl. I S. 2074) in conjunction with § 11 number 1 to 3 of the regulation on the further development of the nationwide equalisation mechanism by July 17, 2009 (BGBl. I p. 2101) enacted the Federal Network Agency for electricity , Gas, telecommunications, post and railways in agreement with the Federal Ministry for environment, nature conservation and nuclear safety and the Federal Ministry of Economics and technology: § 1 marketing on spot markets (1) on the day before a power exchange spot market is through an auction market coupled with hourly trade products for each hour of the following day the hourly supply according to current forecast predicted the according to § 19 para 1 point 2 of the renewable energies Act of to allowable flow fully to sell. Offers for sale pursuant to sentence 1 are to set price regardless.
(2) differences between the Center feed predicted according to the current forecast and the hourly power supply to be marketed under paragraph 1 can be purchased on the spot market of a power exchange for each quarter of an hour of the next day about auctions with Toyama commercial products or sold. Bids can be adjusted pursuant to sentence 1 price limited.
(3) differences between the Center feed predicted after updated forecasts and the already sold and purchased quantities of electricity are on underground continuous trading on the spot market of a power Exchange to acquire or to sell. With completion of the last trading opportunities pursuant to sentence 1, the differences must be completely balanced pursuant to sentence 1.
(4) the forecasts about the according to § 19 para 1 number 2 of the renewable energies Act to power of unflawed are to create the level of science and technology.
(5) a common marketing includes the possibility according to § 2 paragraph 1 sentence 1 of the compensation mechanism regulation to transfer marketing activities on an other transmission system operators in the context of a service relationship.

§ 2 transparency of marketing activities the transmission system operators are obliged to publish the following data in addition to the data according to annex 1 number 3 of the renewable energies Act on a common Web page in uniform format in the form of non-personal: 1 which according to § 1 para 1 sold feed broken down according to the technology groups wind energy, solar energy and other in at least an hourly resolution. It is at the latest by 18.00 hours on the same day to publish;
2. she sold monthly feed according to § 1 para 1 broken down after the technology group wind power on land, wind energy at sea, solar energy, biomass and other; It is to publish, for each calendar month until the end of the tenth working day of the following month
3. were sold and purchased electricity quantities according to § 1 paragraph 2 broken down by trading centres in operation resolution; they are at the latest by 18.00 hours on the same day to publish;
4. According to § 1 paragraph 3 were sold and purchased quantities of electricity in operation resolution; they are to publish, no later than on the following day until 18: 00
5. the difference between the amount of electricity to be sold according to the most recent available before close of trading forecast total and the total for this according to § 1, clause 1 to 3 were sold and purchased electricity volumes; It is to publish, in operation resolution not later than on the following day until 18: 00
6. the unused balance energy to compensate for the EEG balancing group definition operation; It is immediately after presenting the balance circuit billing to publish;
7 according to article 72, paragraph 1 number 1 letter c of the renewable energies Act. they are to publish for each calendar month until the end of the tenth working day of the following month.

§ 3 transparency of income and expenditure (1) transmission system operators need the kalendermonatlichen and kalenderjährlichen revenue and expenditure each broken down by individuals in § 3 of the compensation mechanism regulation and in article 6 on a joint website in standard format and in the form of non-personal post listed revenue and expenditure items this regulation. Revenue and expenditure resulting from the marketing of electricity, are to break down for spot market products referred to in § 1, the flow was marketed over the. The liquidity reserve is also according to article 3, paragraph 8, of the compensation mechanism regulation separately.
(2) the itemized kalendermonatlichen revenue and expenditure are to publish current account balance for each calendar month in the form of actual revenue and expenditure according to the on the last day of the month until the end of the tenth working day of the following month. A publication of aggregate values of several transmission system operators is allowed.
(3) each revenue and expenditure items are referred to in paragraph 1 to explain their nature abstract. If special effects have occurred, which have a significant impact on revenue or expenditure, they are to explain in concrete terms.

§ 4 duties of notification (1) the transmission system operators must the Federal Network Agency the revenue and expenditure of the previous year each broken down by the individual in section 3 of the compensation mechanism regulation and in article 6 listed revenue and expenditure items provide.
(2) (dropped out) (3) that transmission system operators are obliged to prompt the Federal Network Agency, anyway, but up to 31 March of a calendar year, to submit the prices and volumes of electricity procured in the trading or sold for every quarter hour of the previous year.
(4) the transmission system operators are obliged to transmit the data to be communicated pursuant to paragraphs 1 and 3 including the data necessary for its review electronically. As far as the Federal Network Agency form templates provides that they are obliged to send the data in this form. The information must enable a knowledgeable third party, without the discovery completely to understand more information.

§ To carry 5 separate accounting and financial reporting and management separate bank accounts (1) that transmission system operators are obliged each, a separate bank account for the tasks according to the compensation mechanism regulation and for the tasks according to the present regulation. All cash receipts and payments according to § 3 of the compensation mechanism regulation and article 6 of this regulation are handled via this bank account. The revenue and expenditure within the meaning of sentence 2, incurred up to the establishment of the separate bank account, are after establishing without delay value on the account to convict.
(2) the revenue and expenditure according to § 3 of the compensation mechanism regulation and pursuant to § 6 of this regulation are to differentiate clearly from the other activities of the transmission system operator. To do this, a separate accounting and financial reporting are set up. It must allow those income and expenditure according to § 3 of the compensation mechanism regulation and pursuant to § 6 of this regulation, which are non-cash expenses traceable to derive. The non-cash costs particularly depreciation for infrastructure of information technology and advancements include pension provisions.
(3) the statements and data in the separate book-keeping and accounting shall be provided the Federal Network Agency on request. Section 4, paragraph 4 shall apply mutatis mutandis.

§ 6 revenue and expenditure within the meaning of the renewable energy levy (1) as expenditure within the meaning of section 3, paragraph 4, of the compensation mechanism regulation also apply the following positions, as far as they are necessary for the fulfilment of the tasks according to the compensation mechanism regulation and this Regulation: 1. necessary costs for listing and trading links, 2. the necessary costs of transactions for the acquisition of actual values, settlement and horizontal load balancing , 3. necessary costs for the infrastructure, staff and services, 4. necessary for determining the renewable energy levy pursuant to § 3 paragraph 1 of the compensation mechanism regulation, for the creation of forecasts according to § 5 of the compensation mechanism regulation and for the creation of the EEG perspective necessary according to § 6 of the compensation mechanism regulation, 5. payments of interest to the funding difference amounts within the meaning of § 3 paragraph 5 sentence 1 of the compensation mechanism regulation , as far as the actually incurred debit interest rate interest rate provided for exceeds the in section 3 paragraph 5 sentence 2 of the compensation mechanism regulation, 6.
Proceeds to be necessary costs for differences between the after section 3 paragraph 5 sentence 2 of the compensation mechanism regulation of credit interest and actually incurred income from deposit rates, 7 necessary payments for the provision of credit lines for financing of differential amounts within the meaning of § 3 paragraph 5 sentence 1 of the compensation mechanism regulation, 8 bonus payments to § 7 paragraph 5 to 7 (1a) (lapsed) (2) before when determining the renewable energy levy expenditure referred to in paragraph 1 No. 5 , 6 and 7 are used to, is to prove the correctness and necessity of these positions of the Federal Network Agency in a timely manner. Section 4, paragraph 4 shall apply mutatis mutandis. The accountability includes in particular the delivery of underlying spending contracts including all the information essential for the economic assessment. In particular the credit line, the interest rate level, the terms and conditions of the commitment fee, scope of application, the runtime, the times and height use, provisions and collateral are among the essential information. It is to ensure, and to demonstrate that the alleged contracts of only the interest and financing of differential amounts according to article 3, paragraph 5, sentence 1 serve the compensation mechanism regulation. Prompted the Federal Network Agency, the transmission system operator has its other contractual relations that are of interest or financing to demonstrate including the essential for the economic assessment and to submit the relevant contracts.
(3) revenue and expenditure within the meaning of § 3 paragraph 3 and 4 of the regulation of compensation mechanism are also differences between the renewable energy levy in the collected height and the allowable height. The differences are from the time their appropriation according to § 3 paragraph 5 of regulation of compensation mechanism shall be payable on. This interest compensation mechanism regulation are also counted as revenues and expenditures within the meaning of § 3 paragraph 3 and 4. As far as the decision of the Federal Network Agency provides an alternative remedy, sentences 1 and 2 shall not apply. As far as the decision of the Federal Network Agency is subsequently amended or repealed, the rates apply 1 corresponding to 3 on differences between the renewable energy levy in the collected amount and the relevant stock strong decision height.
(4) (dropped out) to create incentives to the best possible marketing (1) incentives article 7 to article 19 paragraph 1 2 of the renewable energies act as best as possible to market tempered power, number per calendar year (incentive year) a transmission network operator specific impressionable difference costs compared to a comparison value.
(2) impressionable difference costs consist of a component, which depicts the activities on an underground spot market, and a component, which depicts the use of balancing energy. The impressionable difference cost per quarter of an hour was determined, by 1 in underground procurement per quarter of an hour the procured quantity (KUT) with the difference between the price actually paid (PUT) and the price of previous day trading (PVT) is multiplied by 2 for underground disposal the sold or delivered quantity (VKUT) with the difference between the price of previous day trading (PVT) and the price actually paid (PUT) is multiplied by , 3. when the related amount (KAE) by the difference between the price actually paid (PAE) and the price of previous day trading (PVT) is multiplied by positive balance energy per quarter of an hour or 4 for obtaining negative (supplied) balancing the delivered quantity (VKAE) with the difference between the price of previous day trading (PVT) and the price actually paid (PAE) is multiplied.
Price of previous day trading (PVT) is the market-clearing price of each hour of the day-ahead auction on the European power exchange. Activities on an underground spot market is considered to be the trading activities for the cost of impressionable difference according to § 1 paragraph 2 and 3. The impressionable difference costs per quarter of an hour are determined according to the following formula: (PUT - PVT) ∙ KUT + VKUT ∙ (PVT - PUT) + KAE ∙ (PAE - PVT) + VKAE ∙ (PVT - PAE).
(3) for the determination of the specific impressionable difference costs of a transmission system operator within the meaning of paragraph 1 is the sum of the quarter of an hour determined in accordance with the provisions of paragraph 2 of the calendar year by the amount of required within this time period of to divide according to § 19 para 1 point 2 of the renewable energies Act of quenched flow. Under vermarktender amount, the amount of power remaining after implementation of immediate horizontal load balancing in a transmission system operator is to understand.
(4) the reference value within the meaning of paragraph 1 is the arithmetic mean of the respective specific impressionable differential costs of all transmission system operators of the two previous years.
(5) the transmission system operator is entitled to a bonus, unless its specific impressionable difference costs do not exceed the comparison value plus a premium of 5 cents per megawatt-hour. The amount of bonus is 25 percent of the difference between the comparison value plus the surcharge and pursuant to paragraph 3 sentence 2 the specific costs of impressionable difference multiplied by the amount to be marketed within the meaning of paragraph 3. The payout of bonuses is limited for all transmission system operators up to EUR 20 million per calendar year. The amount of bonus of each transmission system operator to reach maximum in one calendar year arises from the proportion of its electricity to be marketed after the horizontal load balancing on the amount of the electricity as a whole to be marketed all transmission system operators multiplied by 20 million euro.
(6) in the year following the year of the incentive, the transmission system operators recorded any bonus in the context of determining the levy according to § 60 paragraph 1 of the renewable energy law (EEG levy) as predicted output position according to § 3 paragraph 1 number 1 of the compensation mechanism regulation in conjunction with article 6 paragraph 1 number 8 transmission system operators, who claim a bonus payment under paragraph 5, must show it until March 31 of the year following the incentive year with the Federal Network Agency and demonstrate the factual accuracy of the calculation. Section 4, paragraph 4 shall apply accordingly.
(7) the appropriation of the bonus takes place in twelve evenly distributed monthly instalments. It starts at the beginning of next year based on the incentive year.

Article 8 price limit in exceptional cases (1) the transmission system operator in accordance with the following paragraphs for those hours of the following day, for in the case of negative prices on EPEX spot was issued a call to the second auction, from the obligation, may differ to sell the full hourly feed predicted according to current forecast price independent bids on the spot market of a power exchange pursuant to section 1, paragraph 1. Of transmission system operators has the specific hours, in which he makes 1 use the power to sentence, the Federal Network Agency immediately. Sentences 1 and 2 are correspondingly apply to those hours the following day, on which due to a partial decoupling of cross-coupled market areas of the power Exchange to an adjustment of the commandments is called.
(2) of transmission system operators is entitled make price limited bids in the context of marketing according to § 1, clause 1 in the cases of paragraph 1. The amount of electricity to be divested is to divide into 20 equal instalments and to provide each with an own price limit. The price limits must be at least - 350 euros per megawatt-hour and a maximum - 150 euros per megawatt hour. Any amount in increments of a euro within this framework will be random with equal probability as a price limit. The price limits have to be resized for each case referred to in paragraph 1. The price limits are up to publication after confidential to handle Kit 7. The transmission system operator is obliged to announce two business days after the end of the auction on his Web site the following: 1 hours, for he has submitted a price limited bid
2. height of price limits of each tranche;
3 unsold on the spot market according to § 1, clause 1 amount of energy.
(3) can in case of price limited offers the amount of electricity required pursuant to section 1, paragraph 1 not or not fully be sold because the Exchange formed negative price below the negative price limit, a necessary otherwise sell of this amount of power has to be as far as possible according to § 1 paragraph 2 and 3. Of transmission system operators is required at the same time the announcement referred to in paragraph 2 to announce set 7 on its website: 1 hours, for which energy according to § 1 paragraph 2 and 3 remained unsold.
2. the amount of energy unsold in the respective hour.
(4) is to be expected that a sale pursuant to paragraph 3 do not or only prices will be possible, which would be well below the negative price limits referred to in paragraph 2 on the basis of verifiable facts, can take advantage of transmission system operators to exchange price support agreements, where electricity producers voluntarily undertake, upon request of the transmission system operator wholly or in part to refrain from the supply of electricity or where power consumers voluntarily undertake , to request the transmission system operator to increase its power consumption to a certain extent. The price paid for voluntary measures pursuant to sentence 1 may not be higher than the prices, which itself had posted on the spot market for the respective minutes day before, if you were already retrieved quantities under voluntary agreements by all transmission system operators as demand in the price formation of the previous day, spot market. Voluntary off control agreements with power producers, who received a compensation in the case of the feed to the renewable energies Act, may be used only if agreements with other electricity producers or consumers have been fully exploited. The transmission system operator has a procedure to develop in what cases and in what manner he will make use of the provisions of this paragraph. The procedure and any amendments of thereto are to show the Federal Network Agency prior to the initial application. The agreements referred to in this paragraph are to submit the Federal Network Agency upon request at any time. Of transmission system operators is required at the same time with the announcement referred to in paragraph 2 set 7 on his Web site to announce, for what hours and for what amount of energy in each hour he made 1 use of agreements within the meaning of the sentence.
(5) the costs of the measures referred to in paragraph 4 are considered costs for the underground compensation within the meaning of § 3 paragraph 4 number 6 of the compensation mechanism regulation. You can be factored only in the renewable energy levy, if the regulations contained in the preceding paragraphs, or which contain complied with requirements in oversight of the Federal Network Agency.

§ 9 transitional arrangements for the electricity quantities marketed until 31 April 2015 according to § 1 can the transmission system operators that publish pursuant to section 2 number 1, 4 and 5 to be published data until May 1, 2015. Until then, the marketing activities are as far as according to § 2 to publish number 1 to 3 of amended on 31 January 2015 applicable balancing mechanism implementation regulation in the.