Law On Security Of Energy Supply

Original Language Title: Gesetz zur Sicherung der Energieversorgung

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

Energy Security Act (1975)

Non-official table of contents

EnSiG 1975

Date of issue: 20.12.1974

Full quote:

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

:Last modified by Art. 164 V v. 31.10.2006 I 2407

See Notes

Footnote

(+ + + Text Proof: 29.12.1979 + + +)

for details.

Heading: Long headline idF d. Art. 20 (1) (a) (a) G v. 9.1.2002 I 361 mWv 1.1.2002 Non-official table of contents

Input formula

The Bundestag, with the consent of the Bundesrat, has the following law Non-official table of contents

§ 1 Securing of energy supply

(1) In order to meet the vital energy requirements for the case, to ensure that the supply of energy is directly endangered or disturbed and that the risks or disruption of energy supply through market-oriented measures cannot be remedied in a timely manner or only by means of disproportionate means, Ordinance on
1.
the production, transport, storage, distribution, the The levy, the reference, the use and the maximum prices of crude oil and petroleum products, other solid, liquid and gaseous energy sources, electrical energy and other energy (goods),
2.
accounting, verification and reporting requirements for the economic operations referred to in point 1, on quantities and prices, and on other market conditions in these goods and
3.
the manufacture, maintenance, supply, connection and use of the means of production of the commercial economy, to the extent that: Supplies of electrical energy and natural gas supply, as well as the works of enterprises of the industrial economy for the maintenance, repair, manufacture and modification of structures and technical installations, which are the supply of electrical energy and natural gas
. The need to fulfil public tasks and international obligations also applies as vital.(2) Paragraph 1 shall also apply to the extent that the goods are intended for non-ergetic purposes.(3) In the case of legal orders referred to in paragraph 1, provision may be made, in particular, for the supply, supply or use of the goods to be limited in time, place or quantity, or only for certain urgent care purposes. , the use of any motor vehicle of any kind may be restricted by location, time, distance, speed and user price, as well as the necessity of use.(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. Non-official table of contents

§ 2 International obligations

(1) To the extent that it is required to comply with the obligations under the Convention of 18 The European Parliament and the Council of the European Parliament and of the Council of 19 November 1974 on an International Energy Programme (International Energy Programme) may, by means of a regulation on oil and petroleum products, lay down rules on the restriction of imports, the obligation to export and the levy and provisions of Article 1 (3) shall be adopted. 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 the obligations by market-oriented measures is not to be achieved in good time or only with disproportionate means. Section 1 (4), second sentence, shall apply accordingly.(2) legal regulations which may restrict imports of crude oil and petroleum products from Member States of the European Communities or which may be subject to export and tax obligations to those States, may be adopted 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 endangered or disturbed by the restriction of imports or the obligation to export oil and petroleum products. Non-official table of contents

§ 3 Decree of legal regulations

(1) Legal regulations pursuant to § § 1 and 2 of the law of the Federal Republic of Germany 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, 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 enacted in agreement with the Federal Ministry of Finance.(2) Legal orders issued after the occurrence of a risk or disruption of energy supply within the meaning of Section 1 (1) and the period of validity of which extends to no more than six months shall not require the approval of the Federal Council. Your period 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 made subject to the determination of the Federal Government that such a hazard or disturbance 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 and the Federal Republic of Germany the power of the second sentence in respect of the provision of electricity and natural gas by law without the consent of the Federal Council. Transmission of railway lines. Sentence 1 does not apply to legal regulations on
1.
Reported or intended reporting obligations Imports and exports, as well as production, transport, storage and distribution,
2.
Accounting, verification and reporting requirements for the preparation of the execution of Legal regulations according to § 1 para. 3
in the case of crude 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, be suspended and re-established by legal regulation without the consent of the Federal Council. 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 require.(5) Legal regulations pursuant to § 2 (1) may not be applied until such time as this is necessary for the fulfilment of 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. Non-official table of contents

§ 4 Execution of the law

(1) Legal regulations pursuant to § 1 para. 1 no. 2 on reporting obligations and in accordance with § 2 para. 1 on the The Federal Office for Economic Affairs and Export Control (BAFA) is responsible for the restriction of imports, the obligation to export and the levy. 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. performed.(2) Legal regulations pursuant to § 1 (1), which contain provisions on maximum prices, are executed by the Federal Office for Economic Affairs and Export Control (BAFA) in so far as exceptions to these legal regulations are required, which are the price formation. in more than one country. By way of derogation from the first sentence, legal regulations pursuant to Article 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, Mail and railways are executed, as exceptions to these legal regulations will be required, which affect price formation in more than one country.(3) Legal orders relating to the distribution of electricity and gas in the area of electricity and gas supply are carried out 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 of superregional public interest,
2.
balancing the electricity and gas economic needs and interests of the countries, or
3.
the use of underground gas stores and other gas supply systems with supraregional importance to be regulated.
(4) Legal regulations, which are based on the design of the The quantity of consumption and the supervision of the supply, the reference or the use of light heating oil shall be carried out by the customs administration, unless otherwise specified in the customs administration.(5) In other respects, the law and the legal regulations issued under the law, unless otherwise specified, shall be governed by the authorities responsible under national law, in Bavaria, Bremen and North Rhine-Westphalia by the provincial government or by the authorities responsible for the law. you are running specific places. Unofficial table of contents

§ 5 No suspensive effect of contradiction and challenge action

contradiction and challenge action against dispositions, According to § 10 or pursuant to legal regulations pursuant to § § 1 and 2, do not have a suspensive effect. Non-official table of contents

§ 6 administrative provisions

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

§ 7 Individual instructions

The Federal Ministry of Economics and Technology may, as far as the execution of the Laws adopted by law are the responsibility of countries to issue individual instructions if this is necessary to secure a regionally-balanced supply and the impact of the measures to be taken on more than one country . Non-official table of contents

§ 8 Participation of associations

(1) In legal regulations under this law, it may be determined that associations and associations and public bodies and institutions of public law in the implementation of the legal regulations, in so far as their interests are directly concerned.2. The competent authority may, in carrying out individual tasks which it has to comply with pursuant to this Act or of the legal regulations adopted pursuant to this Act, use the bodies referred to in paragraph 1 with 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. Non-official table of contents

§ 9 Preparation of the complete train

The federal government and the federal states, including the municipalities and community associations, have the to establish the human, material and organisational conditions necessary for the implementation of the measures necessary for the purposes referred to in § 1 and § 2. Non-official table of contents

§ 10 Information

(1) On the execution of the legal regulations pursuant to this Act and in order to prepare the execution such legal regulations shall provide the competent authorities with the necessary information on request to the competent authorities, both natural and legal persons and non-legal persons ' associations. 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. tasks, in particular for the preparation of the legal regulations to be adopted on the basis of this law.(2) The persons responsible for obtaining information shall have the power to enter land and the business and premises of the person responsible for providing information during normal business and operating hours, where examinations and visits shall be carried out. , to take samples and to inspect the business documents of the party responsible for providing information. The party responsible shall accept the measures referred to in the first sentence.(3) The person responsible for providing information may refuse to provide information on such matters, the answer to which he or she himself or one of the members of the risk judicial system referred to in section 383 (1) to (3) of the Code of Civil Procedure of the Civil Procedure It would suspend prosecution or proceedings in accordance with the Code of Administrative Offences.(4) The knowledge and documents obtained pursuant to paragraphs 1 and 2 shall not apply in conjunction with Section 105 (1) and Section 116 (1) of the Tax Code in connection with § § 93, 97, 105 (1), § 111 (5). 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 of the party responsible for the information or the persons working for him/her. Non-official table of contents

§ 11 Compensation

(1) Presents a legal decree issued under this Act or a measure on the basis of a law that is based on a law this law is an expropriation, is to pay compensation 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 the interests of the general public and the interests of the parties concerned.(2) For the benefit of the compensation, the person who is encouraged by the legal regulation or measure within the meaning of the first sentence of paragraph 1 shall be obliged to pay compensation. 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 regulation adopted pursuant to this Act or by a measure taken by a federal authority, the compensation shall be fixed by that authority. In the other cases, the compensation shall be determined by the bodies referred to in § 4 (5).(4) The Federal Government is empowered to adopt, by means of a regulation with the consent of the Federal Council, provisions concerning the limitation of the rights referred to in paragraph 1, the procedure for the establishment of compensation and the 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. Non-official table of contents

§ 12 Hardship compensation

(1) A legal regulation or measure within the meaning of Section 11 (1) sentence 1 shall be applied to the person concerned. Inflicted on assets, which is not to be deducted in accordance with § 11, shall be granted compensation in cash to the extent that its economic existence is endangered or destroyed by unavoidable damage, or the compensation for wastage or to the Compensation of similar unreasonable hardships is offered.(2) In order to perform the compensation, the Federal Government is obliged if the property disadvantage has been inflicted by a decree issued under this Act or by a measure taken by a federal authority; in the other cases, the compensation shall be of the country that ordered the measure.(3) § 11 (3) and (4) shall apply accordingly. unofficial table of contents

§ 13

(omitted) unofficial Table of contents

§ 14 deliveries

For deliveries by the managing authority, the provisions of the Administrative Appointing Act shall apply, with the proviso that in urgent cases, insofar as it is necessary for the maintenance of the supply , it may also be delivered by means of a written, telex, oral or telephone communication, 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. Non-official table of contents

§ 15 infringements

(1) Administrative offal, who intentionally or negligently
1.
against a legal regulation issued on the basis of § 1 or § 2, or against a legal regulation based on a such a legislative decree, in so far as the legal regulation refers to that fine for a given case,
2.
contrary to § 10 paragraph 1, an information is not provided, not correct, not complete or not timely, or
3.
contrary to § 10 para. 2 exams, visits, the inspection of business documents or the removal of samples is not tolerated.
(2) The administrative offence can be found in the the cases referred to in paragraph 1 (1), with a fine of up to twenty-five thousand euro, in the cases referred to in paragraph 1 (2) and (3), shall be punishable by a fine of up to ten thousand euros.(3) With a custodial sentence of up to two years or a fine, he shall be punished who
1.
is one of the first paragraph of paragraph 1. 1.
2.
by means of an infringement referred to in paragraph 1 (1), the supply of one of the persons referred to in Article 1 (1) (1) (1) of the Directive Goods, whether in a local area, difficult to endanger, or
3.
in the event of an infringement referred to in paragraph 1 (1), an exceptional Lack of position in the supply of goods with one of the goods referred to in § 1 (1) (1) (1) for the purpose of obtaining significant assets.
Non-official Table of contents

§ 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 case of infringements against dispositions pursuant to § 10 para. 1 and 2,
a)
if issued by a federal authority, this authority,
b)
insofar as they have been issued by a state authority, the entities mentioned in § 4 paragraph 5
2.
in case of infringements against a legal regulation issued pursuant to § 1 or pursuant to § 2 or against a decree issued pursuant to such a decree law,
a)
to the extent that federal authorities are responsible for implementation, the Federal Ministry of Economics and Technology Technology or these authorities, to the extent that they are declared competent by legal regulations,
b)
as far as the national authorities are responsible for the implementation, which are referred to in § 4 Paragraph 5 above
unofficial table of contents

§ 17 Berlin clause

This law applies in accordance with section 13 (1) of the Third transfer law 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. Non-official table of contents

§ 18 Entry into force

This law occurs on the 1. January 1975 in force.