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Energy security act

Original Language Title: Gesetz zur Sicherung der Energieversorgung

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Energy security act (Energy Security Act 1975)

Unofficial table of contents

EnSiG 1975

Date of completion: 20.12.1974

Full quote:

" Energy Security Act 1975 of 20 December 1974 (BGBl. 3681), which was last amended by Article 164 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407). "

Status: Last amended by Art. 164 V v. 31.10.2006 I 2407

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 29.12.1979 + + +) 

Heading: Cross-country headline idF d. Art. 20 No. 1 (a) G v. 9.1.2002 I 361 mWv 1.1.2002 Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law: Unofficial table of contents

§ 1 Security of energy supply

(1) In order to ensure that vital energy needs are met in the event that the supply of energy is directly threatened or disturbed and that the supply of energy by market-oriented measures does not pose a threat to or disruption of energy supply, not in time or is to be remedied only by means of disproportionate means may, by means of a legal regulation, be subject to
1.
the production, transport, storage, distribution, supply, supply, use and maximum prices of crude oil and petroleum products, other solid, liquid and gaseous energy sources, electrical energy and other sources of energy, Energy (goods),
2.
Accounting, verification and reporting requirements concerning the economic operations referred to in point 1, quantities and prices, and other market conditions in respect of such goods and
3.
the manufacture, maintenance, supply, supply, connection and use of means of production of the industrial economy, provided that such means of production are used for the supply of electrical energy and natural gas, as well as the production of works of Enterprises of the industrial economy for the maintenance, repair, manufacture and modification of structures and technical installations which are used to supply electrical energy and natural gas
be adopted. The need to fulfil public tasks and international obligations is also considered to be vital. (2) Paragraph 1 shall also apply insofar as the goods are intended for non-ergetic purposes. (3) In legal orders referred to in paragraph 1, the following shall apply: shall, in particular, provide that the supply, reference or use of the goods may be limited in time, location or quantity, or may only be carried out for certain priority purposes; the use of motor vehicles of all Type can be in place, time, distance, speed and user circle, as well as (4) The legal regulations must be limited to the extent strictly necessary to remedy the risk or disturbance of the energy supply. In particular, they must be designed in such a way that the freedom of individual and economic activity is as low as possible and that the performance of the economy as a whole is adversely affected as little as possible. Unofficial table of contents

§ 2 International obligations

(1) Where necessary for the fulfilment of the obligations arising from the Convention of 18 November 1974 on an International Energy Programme, the provisions on the restriction of oil and petroleum products may be laid down by means of a legislative regulation. Imports, the obligation to export and the levy, as well as the provisions of the content referred to in Article 1 (3). Legal orders pursuant to the first sentence of the first sentence of the Federal Republic of Germany may not be issued until the Federal Act has entered into force, by which the legislative bodies are given their consent pursuant to the first sentence of Article 59 (2) of the Basic Law. , and if the fulfilment of obligations by market-oriented measures is not to be achieved in good time or only with disproportionate means. Article 1 (4), second sentence, applies in accordance with. (2) Legal Regulations which restrict imports of crude oil and petroleum products from Member States of the European Communities, or impose an obligation on exports and surcharges in those States. may be issued only if the Federal Republic of Germany is authorised to do so under Community law. (3) Legal orders in accordance with § 1 may also be adopted if the energy supply is due to the restriction of imports or the Obligation to export or disrupt exports of crude oil and petroleum products . Unofficial table of contents

§ 3 Decree of Legal Regulations

(1) Legal orders pursuant to § § 1 and 2 shall be issued by the Federal Government. It may be entitled to this power by means of a regulation without the consent of the Federal Council to the Federal Ministry for Economic Affairs and Technology as well as with regard to the line-bound supply of electricity and natural gas to the Federal Network Agency for Electricity, gas, telecommunications, postal services and railways are transferred if the energy supply within the meaning of Section 1 (1) is at risk or is disturbed. Legal regulations of the Federal Ministry of Economics and Technology, which transfer tasks to the customs administration, are issued in agreement with the Federal Ministry of Finance. (2) Legal regulations which after the entry of a hazard or Failure to supply energy within the meaning of Section 1 (1) and the period of validity of which extends to no more than six months shall not be subject to the consent of the Federal Council. The term of validity may only be extended with the consent of the Federal Council. (3) If legal regulations are issued in accordance with § 1 before the energy supply within the meaning of § 1 (1) or § 2 (3) is endangered or disturbed, its application shall be: to make the determination of the Federal Government dependent on the fact that such a risk or disturbance has occurred. The declaration is made by the Federal Government without the consent of the Federal Council. The Federal Government may, without the consent of the Federal Council, refer to the Federal Network Agency for Electricity, Gas, Telecommunications, Post by the Federal Council, without the consent of the Federal Council, the power of the second sentence in respect of the provision of electricity and natural gas to the pipeline and railways. Sentence 1 shall not apply to legal orders relating to:
1.
Reporting obligations on imports and exports made or intended, and on production, transport, storage and supply,
2.
Accounting, verification and reporting obligations for the preparation of the execution of legal regulations pursuant to § 1 (3)
in the case of oil, petroleum products of electrical energy and natural gas. (4) The application of the legal regulations can, even as long as the energy supply within the meaning of § 1 (1) and § 2 (3) is endangered or disturbed, by means of a legal regulation without consent of the Federal Council, and are restored. The period laid down in the first sentence of paragraph 2 shall not be interrupted by the suspension of the application. The legal regulations pursuant to § 1 shall be repealed without delay or shall be waived immediately if there is no longer any danger or disturbance of the energy supply within the meaning of Section 1 (1) and Section 2 (3), or if the Bundestag and the Bundesrat do so (5) Legal regulations pursuant to section 2 (1) may not be applied until such time as this is necessary to fulfil the obligations referred to therein. They shall be repealed without delay or shall be put out of application if the conditions of the first sentence are no longer available. Unofficial table of contents

§ 4 Execution of the law

(1) Legal orders pursuant to § 1 (1) No. 2 on reporting obligations and in accordance with § 2 (1) on the restriction of imports, the obligation to export and the levy are executed by the Federal Office for Economic Affairs and Export Control (BAFA). The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Bundesnetzagentur für Electricity, Gas, Telecommunications, Post and Railways) shall be responsible for the legal regulations pursuant to § 1 (1) (2) on reporting obligations under the line-bound supply of electricity and natural gas. (2) Legal regulations pursuant to § 1 (1), which contain provisions on maximum prices, shall be executed by the Federal Office for Economic Affairs and Export Control (BAFA) in so far as exceptions to these legal regulations are required, which the Influence price formation in more than one country. By way of derogation from the first sentence, legal regulations pursuant to Section 1 (1), which contain provisions on maximum prices for the supply of electricity and natural gas, shall be included in this respect by the Federal Network Agency for Electricity, Gas, Telecommunications, (3) Legal Regulations on the distribution of electricity and gas supplies in the area of electricity and gas supply, which are subject to the following conditions: will be supplied by the Federal Network Agency for Electricity, Gas, Telecommunications, Post and railways as a load balancer to the extent that
1.
to ensure the supply in the national public interest;
2.
to compensate for the electricity and gas economic needs and interests of the countries; or
3.
the use of underground gas reservates and other gas supply systems with superregional importance must be regulated.
(4) Legal orders, which order a measurement of the quantity of consumption and a supervision of the delivery, reference or use of light heating oil, shall be carried out by the customs administration, unless otherwise specified in them. (5) In the The law and the legal regulations issued under the law, unless otherwise specified, shall be governed by the law of the State Government or by the Land Government in Bavaria, Bremen and North-Rhine Westphalia, unless otherwise specified by the law. specific places. Unofficial table of contents

§ 5 No suspensive effect of appeal and challenge

The opposition and the action taken against injunctions pursuant to § 10 or on the basis of legal regulations pursuant to § § 1 and 2 do not have suspensive effect. Unofficial table of contents

§ 6 Administrative regulations

(1) The Federal Ministry of Economics and Technology shall, with the consent of the Federal Council, adopt general administrative provisions for the implementation of this Act and the legal regulations enacted pursuant to this Act. (2) The consent of the The Federal Council does not require it, as far as the general administrative provisions are addressed to the Federal Office for Economic Affairs and Export Control (BAFA) or to the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways. Unofficial table of contents

§ 7 Individual referrals

The Federal Ministry of Economics and Technology may, in so far as the implementation of the legal regulations issued pursuant to this Act is responsible for the countries, grant individual instructions if this is to safeguard a regionally balanced supply , and the impact of the measures to be taken shall cover more than one country. Unofficial table of contents

Section 8 Participation of associations

(1) In legal regulations under this Act, it may be determined that associations and associations, as well as bodies and bodies governed by public law, assist in the implementation of the legal regulations in an advisory capacity to the extent that their interests are (2) The competent authority may, when carrying out individual tasks which it has to fulfil under this law or the legal regulations adopted in accordance with this law, the bodies referred to in paragraph 1, with: using their consent. These bodies shall be subject to the instructions of the competent authorities, to the associations and associations thereof, to the extent that they are also subject to their supervision. Unofficial table of contents

§ 9 Preparation of the full train

The Federal Government and the Länder, including the municipalities and municipal associations, shall establish the personnel, material and organisational conditions necessary for the implementation of the measures necessary for the purposes referred to in § 1 and § 2. . Unofficial table of contents

§ 10 Information

(1) In order to implement the legal regulations under this Act and in order to prepare for the implementation of such legal regulations, natural and legal persons and non-legal persons ' associations shall have the competent authorities Require the necessary information to be supplied. They shall also provide information to the Federal Ministry of Economics and Technology and the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways, to the extent that this is necessary for the performance of their duties under this Act. (2) The persons responsible for obtaining information shall have the power, the land and the premises of the business and the premises of the Information to be provided during the usual business hours and operating hours enter, carry out inspections and surveys, take samples and inspect the business documents of the party responsible for providing information. The person responsible for providing the information must accept the measures set out in the first sentence. (3) The person responsible for providing information may refuse to provide information on such questions, the answers of which shall be answered by him or by one of the questions referred to in § 383 (1) (1) to (3) of the (4) The knowledge and documents obtained pursuant to paragraphs 1 and 2 are subject to § § 93, 97, 97, Article 105 (1), Section 111 (5) in conjunction with Section 105 (1) and Section 116 (1) of the Tax Code shall not apply. This shall not apply in so far as the financial authorities require the knowledge required for the implementation of a procedure on the basis of a tax offence and of a related taxation procedure, in the pursuit of which a compelling public interest , or in the case of intentionally incorrect information from the party responsible for information or the persons working for him. Unofficial table of contents

§ 11 Compensation

(1) If a legal regulation adopted pursuant to this Act or a measure on the basis of a legal regulation adopted pursuant to this Act constitutes an expropriation, compensation shall be made in money. The compensation shall be calculated on the basis of the usual charge for comparable performance in commercial transactions, or, if it is lacking in comparable performance or is not to be determined, under a fair balance of the (2) The benefit of the compensation shall be that which is favoured by the regulation or by the measure referred to in the first sentence of paragraph 1. If no beneficiary is present, the Federal Government shall provide compensation if the expropriation has been effected by a decree issued under this Act or by a measure taken by a federal authority; in the other cases, the country has the To provide compensation that the measure has ordered. If the compensation cannot be obtained from the person who is favoured, the Federal Government or the Land shall be liable in accordance with the provisions of the second sentence; if the Federal Government or the Land satisfies the person entitled to compensation, its claim shall be against the Beneficiaries to the federal government or to the country. The transition cannot be claimed to the detriment of the person entitled to compensation. (3) If the expropriation is carried out by means of a decree law issued under this Act or by a measure of a federal authority, the compensation shall be paid by of that authority. In the other cases, the compensation shall be determined by the authorities referred to in § 4 (5). (4) The Federal Government shall be authorized, by means of a regulation with the consent of the Federal Council, to lay down rules on the limitation of the claims referred to in paragraph 1, on the procedure for determining compensation and jurisdiction and the proceedings of the courts in accordance with the principles of § § 34, 49 to 63 and 65 of the Federal Power Act. In so doing, the bodies referred to in paragraph 3 shall be replaced by the competent authorities. Unofficial table of contents

§ 12 Hardship

(1) If, by means of a legal regulation or measure within the meaning of Article 11 (1) sentence 1, an asset disadvantage is inflicted on the person concerned, which is not to be deducted in accordance with Section 11, compensation in money shall be granted in so far as its economic existence is endangered or destroyed by unavoidable damage, or the compensation is offered for the purpose of wasting or compensating for similar unreasonable hardship. (2) For the benefit of the compensation, the Federal Government is obliged if the financial disadvantage is caused by a , under this Act, or by a measure of a federal authority, (3) § 11 (3) and (4) is to be applied accordingly, and in the other cases the compensation shall be paid by the country which ordered the measure. Unofficial table of contents

§ 13

(dropped) Unofficial table of contents

§ 14 deliveries

The provisions of the Administrative Appointing Act shall apply to deliveries by the managing authority, with the proviso that, in cases of urgency, where necessary for the maintenance of the supply, the service shall also be provided by written, May be sent by telex, oral or oral communication, by press, radio (radio and television), radio, or in any other customary and appropriate manner. In such cases, the service shall be deemed to have been effected by the date following the announcement. Unofficial table of contents

Section 15 infringements

(1) Contrary to the law, those who intentionally or negligently act
1.
is in breach of a legal decree issued pursuant to § 1 or § 2 or a enforceable provision of such a decree pursuant to such a decree, in so far as the legal regulation for a particular case is applicable to such a the amount of the fine,
2.
, contrary to Section 10 (1), information is not provided, not correct, not complete or not in good time, or
3.
contrary to § 10 (2) Examinations, visits, inspection in commercial documents or the removal of samples shall not be tolerated.
(2) In the cases referred to in paragraph 1 (1), the administrative offence may be punishable by a fine of up to twenty-five thousand euros, in the cases referred to in paragraph 1 (2) and (3) with a fine of up to ten thousand euros. (3) With imprisonment up to two years or with a fine will be punished who
1.
the infringement referred to in paragraph 1 (1) has been persistently repeated,
2.
by a contravention referred to in paragraph 1 (1), the supply of one of the goods referred to in Article 1 (1) (1), even if only in a local area, is seriously threatened, or
3.
in the case of an infringement referred to in paragraph 1 (1), exploit an exceptional shortage in the supply of one of the assets referred to in Article 1 (1) (1) in order to obtain significant assets.
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Section 16 competent administrative authority in the case of infringements

Administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences is
1.
in the event of contravention of the provisions of Article 10 (1) and (2),
a)
in so far as they have been issued by a federal authority, that authority,
b)
provided that they have been issued by a national authority, the bodies referred to in Article 4 (5),
2.
, in the event of an infringement of a legal regulation issued in accordance with § 1 or in accordance with § 2, or in respect of a decree issued pursuant to such a decree,
a)
insofar as federal authorities are responsible for the implementation, the Federal Ministry for Economic Affairs and Technology or those authorities, insofar as they are declared to be competent by legal regulations,
b)
where national authorities are responsible for implementation, the bodies referred to in § 4 (5).
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§ 17 Berlin-clause

This law applies in accordance with Section 13 (1) of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Legal orders issued pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act. Unofficial table of contents

Section 18 Entry into force

This Act shall enter into force on 1 January 1975.