Law on electricity and gas supply (Energy Economic Law-EnWG)

Unofficial table of contents

EnWG

Date of completion: 07.07.2005

Full quote:

" Energiewirtschaftsgesetz vom 7. Juli 2005 (BGBl. 1970, 3621), as last amended by Article 311 of the Regulation of 31 August 2015 (BGBl I). I p. 1474).

Status:

Last amended by Art. 311 V v. 31.8.2015 I 1474

For more details, please refer to the menu under Notes
This Act is designed to implement Directive 2003 /54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96 /92/EC (OJ L 283, 27.9.2003, p. EU No 37), Directive 2003 /55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98 /30/EC (OJ L 176, 15.7.2003, p. 1). EU No 57), to Council Directive 2004 /67/EC of 26 April 2004 on measures to safeguard security of natural gas supply (OJ L 378, 27.4.2004, p. EU No 92) and Directive 2006 /32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services and repealing Council Directive 93 /76/EEC (OJ L 378, 27.3.2006, p. EU No 64).

Footnote

(+ + + Text evidence from: 13.7.2005 + + +) 
(+ + + For application cf.  § 17d (9) and  § 118 + + +) 

  

Footnote heading (Text of the EC implementation): IdF d. Art. 1 (a) and (c) b. G v. 29.8.2008 I 1790 mWv 9.9.2008
The G was decided as Article 1 of the G v. 7.7.2005 I 1970 by the Bundestag with the consent of the Bundesrat. It's gem. Article 5 (1) of this Act entered into force on 13.7.2005.

(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EGRL 54/2003 (CELEX Nr: 32003L0054) 
 ERL 55/2003 (CELEX Nr: 32003L0055) 
 ERL 67/2004 (CELEX Nr: 32004L0067) 
 EGRL 32/2006 (CELEX Nr: 32006L0032) 
 ERL 123/2006 (CELEX Nr: 32006L0123)  Art. 2 No. 1 
 G v. 4.11.2010 I 1483 + + +) 

  

Unofficial table of contents

Content Summary

Part 1
General provisions
§ 1	Purpose of the law
§ 2	Tasks of the energy supply companies
§ 3	Definitions
§ 3a	Relationship with railway law
§ 4	Network operation approval
Section 4a	Certification and nomination of the operator of a transport network
§ 4b	Certification in respect of third countries
§ 4c	Obligations of the transport system operators
§ 4d	Revocation of the certification according to § 4a, retrospective oversight with conditions
§ 5	Display of energy delivery
Section 5a	Storage requirements, publication of data
Section 5b	Display of suspicity of suspicity, confidentiality
Part 2
Unbundling
Section 1
Common rules for distribution system operators and transport system operators
§ 6	Scope and objective of unbundling
§ 6a	Use of information
§ 6b	Accounting and accounting
§ 6c	Regulation of the rules
§ 6d	Operation of a combined network operator
Section 2
Unbundling of distribution system operators and storage facility operators
§ 7	Legal unbundling of distribution system operators
§ 7a	Operational unbundling of distribution system operators
§ 7b	Unbundling of storage system operators and transport network owners
Section 3
Special unbundling requirements for transport system operators
§ 8	Ownership unbundling
§ 9	Independent system operator
§ 10	Independent transport system operator
§ 10a	Assets, assets, staffing, and corporate identity of the Independent Transport Network Operator
Section 10b	Rights and obligations in the vertically integrated undertaking
§ 10c	Independence of the staff and management of the Independent Transport System Operator
§ 10d	Supervisory Board of the Independent Transport System Operator
§ 10e	Equal treatment programme and equal treatment officer of the Independent Transport Network Operator
Part 3
Network operation regulation
Section 1
Tasks of the network operators
§ 11	Operation of energy supply networks
§ 12	Tasks of transmission system operators, regulatory authorisation
§ 12a	Scenario frames for network development planning
§ 12b	Creation of the network development plan by the transmission system operators
§ 12c	Confirmation of the network development plan by the regulatory authority
§ 12d	Public participation in the continuation of the network development plan
§ 12e	Federal Demand Plan
§ 12f	Data output
§ 12g	Protection of European-critical installations, authorisations
§ 13	System responsibility of transmission system operators, Regulation authorisations
§ 13a	Decommissioning of production facilities
§ 13b	Regulation and laying down powers
§ 13c	System-relevant gas power plants for the electricity supply system, setting competence
§ 14	Tasks of the operators of electricity distribution networks
§ 14a	Control of interruptible consumables in low voltage
Section 14b	Control of contractual disconnection agreements, regulation empowerment
§ 15	Tasks of the operators of transmission networks
Section 15a	Network development plan of transmission system operators
§ 16	System responsibility of transmission system operators
§ 16a	Tasks of the operators of gas distribution networks
Section 2
Power connector
§ 17	Network connection, regulation empowerment
§ 17a	Bundesfachplan Offshore des Bundesamtes für Seeschifffahrt und Hydrographie
Section 17b	Offshore network development plan
§ 17c	Confirmation of the offshore grid development plan by the regulatory authority
§ 17d	Implementation of the offshore grid development plan
§ 17e	Compensation in case of disruption or delay in connection of offshore installations
§ 17f	Load balancing
§ 17g	Liability for property damage to wind energy plants at sea
§ 17h	Financial statements
§ 17i	Evaluation
§ 17j	Authorisation
§ 18	General obligation to attach
§ 19	Technical requirements
§ 19a	Conversion of gas quality
Section 3
Network access
§ 20	Access to the energy supply networks
§ 20a	Supplier Change
Section 21	Conditions and charges for access to the network
Section 21a	Regulatory requirements for incentives for efficient service delivery
Section 21b	Station Operation
Section 21c	Installation of measuring systems
§ 21d	Measurement Systems
§ 21e	General requirements for measuring systems for the detection of electrical energy
§ 21f	Measuring equipment for gas
§ 21g	Collection, processing and use of personal data
§ 21h	Information requirements
Section 21i	Legal Regulations
Section 22	Procurement of energy for the provision of compensation
Section 23	Provision of compensation
Section 23a	Authorisation of access charges for access to the network
§ 24	Rules on access to the network, charges for access to the network and the provision and procurement of compensation
Section 25	Derogations from access to gas supply networks in connection with unconditional payment obligations
Section 26	Access to the upstream pipeline networks and to storage facilities in the area of pipeline supply with natural gas
§ 27	Access to the upstream pipeline networks
§ 28	Access to storage facilities
Section 28a	New infrastructures
Section 4
Powers of the regulatory authority, sanctions
§ 29	Procedure for determining and approving
§ 30	Abusive behaviour of a network operator
Section 31	Special abuse procedures of the regulatory authority
Section 32	Claim to injunction, liability for damages
§ 33	Benefit levy by the regulatory authority
Section 34	(repealed)
§ 35	Monitoring
Part 4
Energy supply to the final consumer
§ 36	Basic duty
Section 37	Exceptions to the basic supply obligation
§ 38	Spare power supply with energy
§ 39	General prices and supply conditions
§ 40	Electricity and gas bills, tariffs
Section 41	Energy supply contracts with household customers, regulation empowerment
§ 42	Electricity labelling, transparency of electricity bills, regulation empowerment
Part 5
Plan determination, route use
Section 43	Requirement of plan determination
§ 43a	Consultation procedure
Section 43b	Plan approval decision, plan approval
§ 43c	Legal effects of plan determination
§ 43d	Plan change before completion of the project
§ 43e	Remedies
§ 43f	Insignificant changes
§ 43g	Project Manager
§ 43h	Expansion of the high voltage grid
Section 44	Pre-Work
Section 44a	Change lock, pre-emption law
§ 44b	Early ownership
§ 45	Expropriation
§ 45a	Compensation procedure
§ 45b	Parallel management of planning and expropriation procedures
Section 46	Weed Contracts
§ 47	(repealed)
§ 48	Concession Charges
Part 6
Security and reliability of energy supply
§ 49	Requirements for energy installations, Regulation empowerment
§ 50	Supply of stock to secure energy supply
Section 51	Monitoring of security of supply
Section 52	Reporting requirements in case of supply disruptions
Section 53	Call for tenders for new generation capacity in the electricity sector
§ 53a	Ensuring the supply of natural gas to household customers
Section 53b	Regulation authorisations for the entire register of plants
Part 7
Authorities
Section 1
General provisions
§ 54	General competence
Section 54a	Responsibilities under Regulation (EU) No 994/2010, Regulation empowerment
§ 55	The Federal Network Agency, the national regulatory authority and the competent authority in accordance with national law
§ 56	Action by the Federal Network Agency on the implementation of European law
Section 57	Cooperation with regulatory authorities of other Member States, the Agency for the Cooperation of Energy Regulators and the European Commission
Section 57a	Review procedure
Section 58	Cooperation with the antitrust authorities
Section 58a	Cooperation for the implementation of Regulation (EU) No 1227/2011
§ 58b	Participation of the Federal Network Agency and communications in criminal matters
Section 2
Federal Authorities
§ 59	Organization
§ 60	Tasks of the Advisory Council
§ 60a	Tasks of the Committee on Land
Section 61	Publication of general instructions of the Federal Ministry for Economic Affairs and Energy
Section 62	Opinion of the Monopolies Commission
§ 63	Reporting
Section 64	Scientific advice
Section 64a	Cooperation between regulatory authorities
Part 8
Procedures and legal protection in the event of excessive legal proceedings
Section 1
Regulatory procedure
Section 65	Supervisory measures
Section 66	Initiation of proceedings, participants
§ 66a	Preliminary ruling on jurisdiction
Section 67	Hearing, oral proceedings
Section 68	Investigations
§ 68a	Cooperation with the Public Prosecutor's Office
Section 69	Request for information, subject to access
Section 70	Seizure
Section 71	Business or business secrets
Section 71a	Network charges of pre-stored network levels
Section 72	Provisional arrangements
Section 73	Closure of the procedure, justification of the decision, notification
Section 74	Publication of procedural instructions and decisions
Section 2
Complaint
§ 75	Admissibility, jurisdiction
Section 76	Suspensive effect
Section 77	Arrangement of immediate enforcement and suspenseable effect
Section 78	Deadline and form
§ 79	Parties to the appeal proceedings
§ 80	Forest constraint
§ 81	Oral proceedings
Section 82	Investigation principle
Section 83	Appeal Decision
§ 83a	Remedy in case of violation of the right to be heard
Section 84	File View
§ 85	Validity of the provisions of the Law of the Court of Justice and the Code of Civil Procedure
Section 3
Legal complaint
§ 86	Legal Complaints
Section 87	Non-admission complaint
Section 88	Rights of appeal, form and time limit
Section 4
Common provisions
§ 89	Particialability
§ 90	Cost tracking and setting
§ 90a	Electronic document transmission
Section 91	Chargeable Acts
§ 92	Contribution
Section 93	Communication from the Federal Network Agency
Section 5
Penalties, fines
Section 94	Periodic penalty payments
§ 95	Fines
Section 95a	Criminal provisions
§ 95b	Criminal provisions
§ 96	Jurisdiction over procedures relating to the fixing of a fine against a legal person or association of persons
Section 97	Responsibilities in the judicial fine
Section 98	Jurisdiction of the Higher Regional Court in judicial proceedings
§ 99	Appeal to the Federal Court of Justice
§ 100	Re-admission procedure against fines
§ 101	Court decisions on enforcement
Section 6
Civil litigation
Section 102	Exclusive jurisdiction of the Regional Courts
Section 103	Jurisdiction of a district court for several jurisdictions
Section 104	Notification and participation of the regulatory authority
Section 105	Dispute resolution
Section 7
Common rules applicable to judicial proceedings
Section 106	Senate in charge of the Higher Regional Court
Section 107	Competent Senate in the Federal Court of Justice
Section 108	Exclusive competence
Part 9
Other provisions
§ 109	Public sector enterprises, scope
§ 110	Closed distribution networks
Section 111	Relationship to the Law on Competition Restrictions
Section 111a	Consumer complaints
Section 111b	Sizing Office, Regulation empowerment
§ 111c	Meetings of conciliation procedures and abuse or supervisory procedures
Part 10
Evaluation, final provisions
Section 112	Evaluation Report
§ 112a	Report of the Federal Network Agency on the introduction of incentive regulation
Section 113	On-going road-use contracts
Section 114	The effectiveness of the unbundling provisions
§ 115	Existing Treaties
Section 116	Previous wage agreements
Section 117	Concession charges for water supply
§ 117a	Low-volume power supply control
§ 117b	Administrative provisions
Section 118	Transitional arrangements
Section 118a	Transitional arrangements for the reserve operation of generating plants according to § 7 paragraph 1e of the Atomic Energy Act
§ 118b	(dropped)

Part 1
General provisions

Unofficial table of contents

§ 1 Purpose of the Law

(1) The purpose of the Act is to ensure the most secure, affordable, consumer-friendly, efficient and environmentally sound management of the general public with electricity and gas, which is increasingly based on renewable energies. (2) Regulation of electricity and gas supply networks serves the objectives of ensuring effective and undistorted competition in the supply of electricity and gas and the safeguarding of a long-term efficient and Reliable operation of energy supply networks. (3) Purpose of this The law is also the implementation and implementation of European Community law in the field of wired energy supply. Unofficial table of contents

§ 2 Tasks of the energy supply companies

(1) Energy supply companies are obliged under the provisions of this law to a supply within the meaning of § 1. (2) The obligations under the Renewable Energies Act and under the combined heat and power law remain Subject to § 13, also in conjunction with § 14, unaffected. Unofficial table of contents

§ 3 Definitions

In the sense of this law means

1.

Compensation services for the provision of energy needed to cover losses and to compensate for differences between feed-in and discharge, including, in particular, control energy,

1a.

Ausspeisekapazitätim Gas range the maximum volume per hour in standard cubic meters, which can be fed and booked at an exit point from a network or subnetwork as a whole,

1b.

Exit point where gas can be taken from a network or subnet of a network operator,

2.

operators of electricity supply networks, whether or not entities or legal entities, of a supplier of energy supply, which are operators of transmission or electricity distribution networks,

3.

Operators of electricity distribution network entities or legal entities or legally independent organisational units of a power supply undertaking performing the task of distributing electricity and being responsible for the distribution of electricity for the operation, maintenance and, where necessary, the expansion of the distribution system in a given area and, where appropriate, the interconnectors to other networks,

4.

Operators of energy supply network operators of electricity supply networks or gas supply networks,

5.

Operators of transmission system operators of networks which have border or market area crossing points, which in particular ensure the integration of large European import lines into the German transmission system, or natural or Legal persons or legally independent organisational units of a power supply undertaking performing the task of transmission of natural gas and responsible for the operation, maintenance and, if necessary, the the development of a network,

a)

the connection of domestic production or LNG facilities to the German transmission system, provided that this is not a pre-stored pipeline network within the meaning of point 39, or

b)

which has booking points or zones at border or market area transition points, for which transport customers can book capacity,

6.

Operators of gas supply network entities or legal entities or legally independent organisational units of a power supply undertaking operating gas supply networks,

7.

Operators of gas distribution network entities or legal entities or legally independent organisational units of a power supply undertaking performing the task of distributing gas and responsible for the operation, which shall: maintenance and, if necessary, the expansion of the distribution system in a given area and, where appropriate, the interconnectors to other networks;

8.

Operator of LNG plant natural or legal persons or legally independent organisational units of a power supply undertaking which is responsible for the liquefaction of natural gas or the import, discharge and re-gasification of natural gas liquefied natural gas and are responsible for the operation of an LNG facility,

9.

Operator of storage facility natural or legal persons or legally independent organisational units of a power supply undertaking performing the task of storing natural gas and for the operation of a storage facility are responsible,

10.

Operators of transmission network entities or legal entities or legal entities of a power supply undertaking performing the task of transmitting electricity and who are responsible for the operation, maintenance and, where necessary, the extension of the transmission system in a given area and, where appropriate, the interconnectors to other networks,

10a.

Balance-of-account electricity sector within a control zone the summary of feed-in and removal points, which serves the purpose of minimizing deviations between feed-in and extraction by their mixing, and the handling of to enable trade transactions,

10b.

Balance-of-balance-zone gas area of the part of one or more networks in which input and exit points can be allocated to a given balance sheet,

10c.

Bio-gas biomethane, gas from biomass, landfill gas, sewage gas and mine gas, as well as hydrogen produced by water electrolysis, and synthetically produced methane, when the electricity used for the electrolysis and the methane used for methanation Carbon dioxide or carbon monoxide in each case demonstrably far predominantly from renewable energy sources within the meaning of Directive 2009 /28/EC (OJ L 327, OJ L 140, 5.6.2009, p.16),

11.

Decentralised production plant, a production plant connected to the distribution system, and

12.

Direct line, a line connecting a single production site to a single customer, or a management line connecting an electricity producer and an electricity supply company for the purpose of direct supply with their own the establishment of a company, a subsidiary or a customer, or an additional gas pipeline for the supply of individual customers,

13.

Self-investment plants for the production of electricity to meet their own needs, which are not operated by energy supply undertakings,

13a.

feed-in capacity gas range the maximum volume per hour in standard cubic metres, which can be fed at a feed point into a network or sub-network of a network operator as a whole,

13b.

Feed point a point where gas can be transferred to a network operator on its network or subnetwork, including the transfer from storage, gas production facilities, hubs or mixing and conversion facilities,

14.

energy and gas, to the extent that they are used for the transmission of energy supply,

15.

Energy plant installations for the production, storage, management or supply of energy, in so far as they do not merely serve to transmit signals, this includes the distribution facilities of the final consumer and, in the case of gas supply, the last. Shut-off device in front of the fuel consumption system,

15a.

energy derivative in section C (5), (6) or (7) of Annex I to Directive 2004 /39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments, amending Council Directives 85 /611/EEC and 93 /6/EEC, and Directive 2000 /12/EC of the European Parliament and of the Council and repealing Council Directive 93 /22/EEC (OJ L 145, 30.4.2000, p. OJ L 145, 30.4.2001, p. 18), as amended, provided that this instrument is related to electricity or gas,

15b.

Energy efficiency measures to improve the relationship between energy consumption and the resulting energy conversion, energy transport and energy use,

16.

energy supply networks and gas supply networks, by means of one or more voltage levels or pressure levels, with the exception of customer facilities referred to in points 24a and 24b;

17.

Energy supply networks of the general supply energy supply networks, which serve to distribute energy to third parties and do not, from the outset, only have to rely on the supply of certain energy supply networks, which are already fixed in the network or identifiable final consumers, but are, in principle, open to the supply of each final consumer,

18.

Energy supply undertakings, whether natural or legal persons, who supply energy to others, operate a power supply network or have power of ownership of a power supply network; the operation of a customer's installation or a customer's system of in-house supply does not make the operator a supplier of energy supply,

18a.

Energy supply contract contracts for the supply of electricity or gas, with the exception of energy derivatives,

18b.

renewable energy sources within the meaning of § 5 (14) of the Renewable Energy Sources Act,

19.

Remote control of the transport of natural gas through a high-pressure transmission system, with the exception of upstream pipeline networks, in order to allow the supply of customers, but not the supply of the customers themselves,

19a.

Gas, biogas, liquefied petroleum gas within the scope of sections 4 and 49 and, if they are fed into a gas supply network, hydrogen produced by water electrolysis, and synthetically produced methane produced by water electrolysis Hydrogen and subsequent methanisation have been produced,

19b.

Gas supplier natural and legal persons whose business activities are wholly or partly geared to the distribution of gas for the purpose of supplying the latter to the latter,

20.

Gas supply networks, all transmission networks, gas distribution networks, LNG facilities or storage facilities which are necessary for access to transmission, distribution and LNG facilities and which belong to one or more energy supply undertakings, or be operated by or by them, including net buffering and its facilities used for ancillary services, and of related undertakings, with the exception of such power supplies or parts of facilities for local production activities,

21.

Wholesalers or legal entities other than the operators of transmission, transmission and electricity and gas distribution networks, the energy used for the purpose of resale inside or outside the network in which they are located are, buy,

22.

Final consumer, energy mainly for household own consumption or for the annual consumption of 10 000 kilowatt-hours of non-surging self-consumption for professional, agricultural or commercial purposes buy,

23.

Services necessary for the operation of a transmission or electricity distribution network, or all necessary for access to and operation of transmission or gas distribution systems or LNG facilities or storage facilities services, including load balancing and mixing facilities, but with the exception of installations exclusively reserved for operators of transmission systems for the performance of their tasks,

24.

retail wholesalers, final consumers and companies buying energy,

24a.

Customer plant energy systems for energy supply,

a)

who are located in a geographically related area,

b)

are connected to a power supply network or to a generation plant,

c)

in order to ensure effective and undistorted competition in the supply of electricity and gas, and

d)

For the purpose of supplying the connected final consumers by means of transit, any person shall be made available free of discrimination and free of charge, irrespective of the choice of energy supplier,

24b.

Customer investments for in-house energy supply systems for energy supply,

a)

which are located on a spatially related operating area,

b)

are connected to a power supply network or to a generation plant,

c)

are used almost exclusively for the necessary transport of energy within one's own undertaking or to related undertakings, or almost exclusively for the transport to a power supply network which is due to the determination of the holding; and

d)

be made available without discrimination and free of charge for the purpose of supplying the final consumer connected to it, irrespective of the choice of energy supplier,

25.

Final consumer natural or legal persons who purchase energy for their own consumption;

26.

LNG investment head station for the liquefaction of natural gas or for the import, discharge and re-gasification of liquefied natural gas, including ancillary services and temporary storage for re-gasification and for the subsequent feeding into the transmission system is required, but not the parts of LNG head stations used for storage purposes,

26a.

a network operator or a third party who is responsible for the operation of the operation of the measuring station;

26b.

Measuring point operations, the installation, operation and maintenance of measuring equipment,

26c.

Measurement of the reading and readout of the measuring equipment as well as the transmission of the data to the beneficiaries,

27.

network operator network or system operator within the meaning of points 2 to 7 and 10;

28.

Network-user or legal persons who feed or obtain energy from or from an electricity or gas supply network;

29.

Network buffering the storage of gas by compression in transmission and distribution networks, with the exception of facilities reserved for operators of transmission systems in the performance of their tasks,

29a.

new infrastructure infrastructure that has been put into operation after 12 July 2005,

29b.

the Board of Management, the Management Board or a corporate body with comparable tasks and powers,

29c.

local distribution network, which mainly serves the supply of final consumers via local lines, irrespective of the pressure level or the diameter of the lines; for the delimitation of the local distribution networks from the upstream Network levels shall be placed on the concession area in which a general supply network is operated within the meaning of section 18 (1) and section 46 (2), including lines which have a local distribution network with an adjacent local area. the distribution network,

30.

Regulation zone of electricity supply the network area for which primary control, secondary regulation and minute reserve an operator of transmission networks within the framework of the Union for the Coordination of Transport of Electrical Energy (UCTE) is responsible,

31.

Storage facility for storage of gas belonging to or operated by a gas supply company, including the part of LNG facilities used for storage purposes, but excluding the part which is intended for profit-making activities , other than those reserved exclusively for operators of cable networks in the performance of their duties,

31a.

Subnet in the gas area a part of the transport area of one or more network operators in which a transport customer can flexibly use booked capacities at the input and exit points,

31b.

Transport customer gas area wholesalers, gas suppliers including the trading department of a vertically integrated undertaking and the last consumer,

31c.

transport system operators of any transmission or transmission system operator,

31d.

transport network of any transmission or transmission system,

32.

Transmission of electricity from electricity via a high-voltage and high-voltage interconnected system, including cross-border interconnectors, for the purpose of supplying final consumers or distributors, but not supplying the electricity to the electricity supply. Customers themselves,

33.

Environmental impact that energy supply meets the requirements of a sustainable, in particular rational and economical use of energy, a careful and sustainable use of resources is ensured and the environment is as low as possible The use of combined heat and power and renewable energies is of particular importance in this context,

33a.

Head of management, as well as persons entrusted with management tasks for the transport system operator, and on the basis of a transfer act, the registration of which is entered in the commercial register or a comparable register of a Member State of the European Union is legally required to represent the transport system operator in a judicial and non-judicial way,

34.

Connection control systems used for the interconnection of electricity networks, or a transmission line crossing or spanning a border between Member States for the sole purpose of the national transmission networks of those Member States to connect,

35.

A number of transmission and electricity distribution networks connected to each other by one or more interconnectors or a number of gas supply networks connected to each other,

36.

Supply of energy to customers, the distribution of energy to customers and the operation of a power supply network,

37.

Distribution of the transport of electricity with high, medium or low voltage via electricity distribution networks or the transport of gas via local or regional networks in order to enable the supply of customers, but not the Supply to the customers themselves; the distribution of gas shall also be used for those networks which have interfaces on which only another, downstream network is fed,

38.

' vertically integrated energy supply company ' means an undertaking operating in the European Union in the electricity or gas sector or a group of electricity or gas undertakings which, within the meaning of Article 3 (2) of Regulation (EC) No 139/2004 of the Council of 20 January 2004 on the control of concentrations between undertakings (OJ L 327, 30.11.2004, p. 1), the undertaking or group in question in the European Union in the electricity sector at least one of the functions of transmission or distribution and at least one of the functions of Functions Generation or distribution of electricity or in the natural gas sector at least one of the functions of the transmission, distribution, operation of an LNG facility or storage and, at the same time, one of the functions of the production or distribution of natural gas,

39.

Upstream pipeline network piping or a network of pipelines, the operation or construction of which is part of an oil or gas production project or which are used to supply natural gas from one or more such plants to a processing plant, to a terminal or to an end-of-service terminal situated on the coast, with the exception of such power supplies or parts of facilities used for local production activities.

Unofficial table of contents

Section 3a Relationship with railway law

This law also applies to the supply of cable-based energy, in particular to the supply of electricity, unless otherwise specified in the railway law. Unofficial table of contents

§ 4 Approval of network operation

(1) The establishment of the operation of a power supply network shall be subject to approval by the competent authority in accordance with national law. The authority responsible under national law shall decide on the granting of the authorisation within six months of the existence of complete application documents. (2) The authorisation referred to in paragraph 1 may only be denied if the applicant does not provide the human, technical and economic performance and reliability in order to ensure the continuous operation of the network in accordance with the provisions of this Act. Under the same conditions, the operation of an installation referred to in paragraph 1 may also be prohibited, the inclusion of which did not require an authorisation. (3) In the event of a succession or succession in the event of a general succession, the following may be prohibited. Conversion Act or in other cases of legal unbundling of the network operation in accordance with § 7 or § § 8 to 10, the authorisation shall be transferred to the legal successor. (4) The competent authority in accordance with the law of the country may, in the event of a breach of the provisions of paragraph 1. Prohibit the operation of the network or temporarily prohibit the operator of the network by other appropriate measures (5) The procedure referred to in paragraph 1 may be carried out by means of a single entity. Unofficial table of contents

§ 4a Certification and nomination of the operator of a transport network

(1) The operation of a transport network shall be subject to certification by the regulatory authority. The certification procedure shall be initiated at the request of the transport system operator or the transport network operator, on a reasoned request from the European Commission or on its own initiative. Transport system operators or transport network owners shall submit the request for certification by 3 March 2012 at the latest. (2) Transport system operators shall attach to the application all the documents required for the examination of the application. The documents shall also be made available to the regulatory authority by electronic means on request. (3) The regulatory authority shall issue the certification of the transport system operator if the transport system operator proves that he/she is responsible for the § § 8 or 9 or § § 10 to 10e is organized. (4) The certification may be connected with secondary provisions, insofar as this is necessary in order to ensure that the requirements of § § 8 or 9 or § § 10 to 10e are fulfilled (5) The regulatory authority shall, within a period of four months, draw up Initiation of the certification procedure a draft decision and send it to the European Commission without delay in order to deliver an opinion. The regulatory authority shall make available to the European Commission all the application documents referred to in paragraph 2 by sending the draft decision in accordance with the first sentence of paragraph 1. (6) The regulatory authority shall, within two months of receipt of the draft decision, have access to the Opinion of the European Commission or on the expiry of the time limit laid down in Article 3 (1) of Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for the cross-border Electricity trade and repealing Regulation (EC) No 1228/2003 (OJ L 327, 30.12.2003, p. 15) or Article 3 (1) of Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 laying down the conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 (EC) No 1775/2005 (OJ L 201, 31.7.2005 36, OJ L 229, 1.9.2009, p. 29), without the regulatory authority having received an opinion from the European Commission, to take a decision. Where the European Commission has delivered an opinion, the regulatory authority shall take this as far as possible into account in its decision. The decision, together with the opinion of the European Commission, will be published in the Official Journal of the Federal Network Agency in a non-personal form. If the regulatory authority does not take a decision within the period laid down in the first sentence, the transport system operator concerned shall be deemed to have been certified by the regulatory authority. (7) The notification of the certification in the Official Journal of the European Communities shall be deemed to be certified. The Federal Network Agency is named the applicant as a transport system operator. The regulatory authority shall notify the European Commission of the designation. The appointment of an independent system operator within the meaning of § 9 requires the approval of the European Commission. (8) Article 3 of Regulation (EC) No 714/2009 and Article 3 of Regulation (EC) No 715/2009 remain unaffected. Unofficial table of contents

§ 4b Certification in relation to third countries

(1) A transport system operator or a transport network owner shall be requested by one or more persons from one or more States not members of the European Union or the European Economic Area (third countries), alone or jointly controlled, the certification, the regulatory authority shall inform the European Commission. The transport system operator or the transport network owner shall submit the application for certification to the regulatory authority by 3 March 2013 at the latest. (2) If a transport system operator or a transport network owner of one or more of the following services is required, the Persons from one or more third countries alone or jointly controlled, the certification shall only be issued if the transport system operator or the transport network owner meets the requirements of § § 8 or 9 or § § 10 to 10e and The Federal Ministry for Economic Affairs and Energy determines that the grant of the Certification does not endanger the security of the electricity or gas supply of the Federal Republic of Germany and the European Union. In addition to the Federal Ministry for Economic Affairs and Energy, the applicant has to submit the necessary documents to assess the impact on security of supply. (3) The Federal Ministry of Economics and Technology (BMI) for the economy and energy, the regulatory authority shall, within three months of receipt of the complete required documents referred to in the second sentence of paragraph 2, submit its assessment whether the issue of certification is the security of the electricity or Gas supply to the Federal Republic of Germany and to the European Union at risk. In its assessment of the impact on security of supply, the Federal Ministry for Economic Affairs and Energy takes into account

1.

the rights and obligations of the European Union vis-à-vis that third country, which is under international law, including an agreement with one or more third countries to which the Union is a party and in the field of energy supply security shall be treated as an adult;

2.

the rights and obligations of the Federal Republic of Germany to that third country which are derived from an agreement concluded with that third country in so far as they comply with Union law; and

3.

other special circumstances of the individual case and of the third country concerned.

(4) Before a decision by the regulatory authority on the certification of the operation of a transport network, the regulatory authority and the Federal Ministry of Economic Affairs and Energy ask the European Commission to give its opinion as to whether the The transport system operator or the transport network owner meets the requirements of § § 8 or 9 or § § 10 to 10e and a threat to the security of energy supply of the European Union due to the certification is excluded. (5) The Regulatory authority shall have within two months after the European Commission , or after the time limit laid down in Article 11 (6) of Directive 2009 /72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing the Directive 2009 /54/EC 94) or Article 11 (6) of Directive 2009 /73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003 /55/EC (OJ L 108, 27.4.2009, p. 55), without the European Commission having submitted an opinion to decide on the application for certification. In its decision, the regulatory authority shall take as far as possible take account of the opinion of the European Commission. The evaluation of the Federal Ministry for Economic Affairs and Energy is part of the decision of the regulatory authority. (6) The regulatory authority shall immediately inform the European Commission of the decision taken together with all the decision (7) The regulatory authority shall, together with the opinion of the European Commission, publish its decision in the Official Journal of the Bundesnetzagentur in a non-personal form. If the decision is different from the opinion of the European Commission, the decision shall be notified and published in the decision making the decision. Unofficial table of contents

§ 4c Obligations of the transport system operators

The transport system operators shall inform the regulatory authority without delay of any planned transactions and measures as well as any other circumstances which require a re-evaluation of the certification requirements in accordance with § § 4a and 4b can be done. They shall inform the regulatory authority, in particular, of circumstances in which one or more persons from one or more third countries are given sole or joint control of the transport system operator. The regulatory authority shall immediately inform the Federal Ministry for Economic Affairs and Energy and the European Commission of the circumstances referred to in the second sentence. The Federal Ministry of Economic Affairs and Energy may revoke its evaluation pursuant to Section 4b (1) in the event of circumstances after sentence 2. Unofficial table of contents

§ 4d Revocation of the certification according to § 4a, subsequent oversight with conditions

The regulatory authority may revoke or extend a certification in accordance with § 4a or § 4b or retroactively or supplement a certification with conditions as well as amend or supplement requirements in so far as, on the basis of changed actual circumstances, a A reassessment of the certification requirements is required. The regulatory authority may also subsequently impose conditions on certification and may amend or supplement requirements. In particular, it may give up measures to the transport system operator, which are necessary to ensure that the transport system operator meets the requirements of § § 8 to 10e. § 65 shall remain unaffected. Unofficial table of contents

§ 5 Display of energy supply

Energy supply undertakings supplying energy to household customers must immediately notify the regulatory authority of the commencing and termination of the activity and any changes to their firm, except for the supply of household customers exclusively within a customer system or a closed distribution network, as well as via lines not permanently installed. A list of the companies displayed shall be published by the regulatory authority on an ongoing basis on their website, and shall be published by the company and the address of the registered office of the companies listed. The indication of the commence of the activity shall indicate the presence of the personnel, technical and economic performance as well as the reliability of the management. The regulatory authority may at any time prohibit, in whole or in part, the performance of the activity in cases where the human, technical or economic performance or reliability is not guaranteed. The provisions of sentences 3 and 4 shall not apply to energy supply undertakings established in another Member State of the European Union if the energy supply undertaking is duly authorised by the competent authority of the home Member State has been made. Unofficial table of contents

§ 5a Storage obligations, publication of data

(1) Energy supply companies which sell energy to customers shall have the data necessary for this purpose on all wholesale customers and transport system operators as well as in the gas sector with operators of storage facilities and LNG facilities in the framework of transactions effected by energy supply contracts and energy derivatives for a period of five years and, at the request of the regulatory authority, the Federal Cartel Office, the national cartel authorities and the European Commission, to , as far as this is applicable to their respective tasks is required. Data within the meaning of the first sentence are details of the characteristics of the transactions, such as duration, delivery and settlement provisions, quantity, date and time of execution, transaction prices and details of the identification of the person concerned. (2) The regulatory authority may provide information in accordance with paragraph 1 in a non-personal form, and shall not be subject to any obligation to provide information on the , if it does not provide economically sensitive data on individual Market players or individual transactions are disclosed. Sentence 1 shall not apply to information on energy derivatives. Prior to publication, the regulatory authority shall establish the agreement with the Bundeskartellamt (Federal Cartel Office). (3) Insofar as the

1.

The Securities Trading Act,

2.

Article 7 or 8 of Commission Regulation (EC) No 1287/2006 of 10 August 2006 implementing Directive 2004 /39/EC of the European Parliament and of the Council as regards recording obligations for investment firms, the notification of Transactions, market transparency, the admission of financial instruments to trade and certain terms within the meaning of this Directive (OJ L 327, 30.4.2004, p. OJ L 241, 2.9.2006, p.1), or

3.

The energy supply undertaking shall be exempted from the obligation to keep it in accordance with paragraph 1, in so far as the obligations under paragraph 1 are comparable to those of commercial or tax law.

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§ 5b Display of suspicity of suspicity, obligation of confidentiality

(1) Persons who arrange for professional transactions with wholesale energy products may only be persons who are subject to a statutory duty of confidentiality as a result of their profession, and public authorities from an ad in accordance with Article 15, first sentence, of Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 June 2011. On 12 October 2011 on the integrity and transparency of the wholesale energy market (OJ C 139, 30.4.2011, p. 1), or any investigation initiated thereupon or any investigation proceedings which have been initiated thereupon. The Federal Network Agency may determine the content and design of the measures and procedures referred to in the second sentence of Article 15 of Regulation (EU) No 1227/2011 by means of the definition in accordance with Article 29 (1). § 55 of the Code of Criminal Procedure shall apply in accordance with Article 55 of the Code of Criminal Procedure. (2) The Federal Network Agency shall take measures in respect of a possible breach of a prohibition pursuant to Article 3 or Article 5 of the Regulation. (EU) No 1227/2011, the addressees of these measures may only be addressed to persons who are subject to a statutory duty of confidentiality as a result of their profession, and to the public authorities of those measures or from any subsequent action taken by the authorities. The investigation procedure shall be notified.

Part 2
Unbundling

Section 1
Common rules for distribution system operators and transport system operators

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§ 6 Scope and objective of unbundling

Vertically integrated energy supply undertakings and legally independent operators of electricity and gas supply networks, which are connected to a vertically integrated energy supply undertaking within the meaning of Article 3 (38), shall be: To ensure transparency as well as non-discriminatory design and management of network operations. In order to achieve this objective, they must ensure the independence of the network operators from other fields of energy supply in accordance with § § 6a to 10e. § § 9 to 10e are applicable only to such transport networks, which were the property of a vertically integrated company on 3 September 2009. (2) The in-close economic relationship with the legal and operational unbundling of a Distribution networks, a transport network or an operator of storage facilities according to § 7 (1) and § § 7a to 10e shall be considered to be a partial operation within the meaning of § § 15, 16, 18, 20 and 24 of the Conversion Tax Act. The first sentence shall apply only to those economic goods which are transferred directly on the basis of the organisational act of unbundling. For the purposes of the application of the first sentence of Article 15 (1) of the Conversion Tax Act, the assets shall also be deemed to belong to a partial operation which the transferring entity remains within the framework of the organizational act of unbundling. § 15 (2) and § 22 of the Transformation Tax Act, Section 34 (7a) of the Corporate Tax Law, as well as § 6 (3) sentence 2 and subparagraphs 5 sentences 4 to 6, as well as § 16 paragraph 3 sentence 3 and 4 of the Income Tax Act, are not subject to measures in accordance with sentence 1. provided that this measure has been taken by transport system operators within the meaning of Section 3 (31c) or operators of storage facilities by 3 March 2012. Sentence 4 shall apply in respect of Section 22 of the Transformation Tax Act and the cases referred to in Section 34 (7a) of the Corporate Tax Law only for those shares which have been subject to the seven-year period of closure and which are at the beginning of the legal or operational period. Unbundling has already existed and its sale is required directly on the basis of the organisation act of unbundling. Sentence 4 shall not apply to the acquirer of the shares and this shall enter into the legal status of the divestment in respect of the blocking period which is still under way at the time of the sale of the shares. In considering whether the conditions for the application of the first and second sentences are met, the regulatory authority shall provide assistance to the financial authorities (Section 111 of the Tax Code). (3) Transactions within the meaning of Section 1 of the Basic Advertising Tax Act, for distribution system operators, transport system operators or operators of storage facilities resulting from the legal or operational unbundling according to § 7 (1) and § § 7a to 10e are exempt from the basic value tax. The provisions of the second sentence of paragraph 2 shall apply. (4) The provisions of paragraphs 2 and 3 shall not apply to those undertakings which carry out legal unbundling on a voluntary basis.

Footnote

(+ + + § 6 (2) to (4): For application see Section 118 (2) + + +)
§ 6 para. 2 sentence 6 italic print: The word "ownership rights" would have to be correct "owner-time invoice" Unofficial table of contents

§ 6a Use of information

(1) Without prejudice to legal obligations to disclose information, vertically integrated energy supply companies, transport network owners, network operators, storage system operators and operators of LNG facilities shall be required to ensure: the confidentiality of commercially sensitive information from which it becomes aware in the performance of its business as a transport network owner, network operator, storage system operator and LNG facility operator. (2) Placing the vertically integrated Energy supply companies, transport network owners, network operators, a storage system operator or an operator of LNG facilities, through their own activities, disclose information that can bring economic benefits, they shall ensure that: that this is done in a non-discriminatory way. In particular, they shall ensure that commercially sensitive information is kept confidential in relation to other parts of the undertaking. Unofficial table of contents

§ 6b Accounting and accounting

(1) vertically integrated energy supply undertakings within the meaning of section 3 (38), including legally independent undertakings, belonging to a group of connected electricity or gas undertakings, and indirectly or directly provide energy-specific services, and legally self-employed network operators and storage facility operators have, irrespective of their ownership and legal form, an annual accounts and management report in accordance with the Capital companies regulations of the First, Third and Fourth To draw up, review and disclose subsections of the Second Section of the Third Book of the Commercial Code; § 264 (3) and § 264b of the Commercial Code shall not apply to this extent. Where the undertaking referred to in the first sentence is a person-trading company or the undertaking of an individual businessman, the other assets of the shareholders or of the individual businessman (private property) may not be included in the balance sheet and the assets of the company concerned. Private assets and income are not included in the profit and loss account. (2) In the notes to the financial statements, the transactions of a larger scale with associated or associated companies within the meaning of section 271 (1) of the Financial Regulation are not included in the annual accounts. 2 or § 311 of the Commercial Code separately. For the purpose of avoiding discrimination and cross-subsidisation in their internal accounts, undertakings referred to in the first sentence of paragraph 1 shall in each case have separate accounts for each of their activities in the to carry out the following areas, as would be necessary if these activities were carried out by legally independent undertakings:

1.

Electricity transmission;

2.

Electricity distribution;

3.

Gas pipeline;

4.

Gas distribution;

5.

gas storage;

6.

Operation of LNG facilities.

For the purposes of this provision, activities shall also include any economic use of a right of ownership of electricity or gas supply networks, gas storage systems or LNG facilities. For the other activities within the electricity sector and within the gas sector, accounts must be provided which can be combined within the sector concerned. For activities outside the electricity and gas sector, account should also be taken of their own accounts, which may be grouped together. To the extent that a direct assignment to the individual activities is not possible or would be associated with an unjustifiable effort, the assignment must be made by key to the accounts, which must be comprehensible and comprehensible to third parties. The drawing up of the annual accounts shall, for each of the areas of activity mentioned, draw up a balance sheet and profit and loss account (activity closure) in accordance with the provisions referred to in the first sentence of paragraph 1 and the To present auditor for the audit. The accounting rules shall specify the rules, including depreciation methods, according to which the assets and liabilities, as well as the expenses and income, have been assigned to accounts held in accordance with the first sentence of sentence 1 to 4. (4) The legal representatives shall, without delay, but no later than the end of the twelfth month of the financial year following the closing date, together with the first sentence of paragraph 1 in conjunction with Section 325 of the Annual financial statements to be published by the operator of the Federal scoreboard to be submitted electronically. It must be published immediately in the Federal Gazette (Bundesanzeiger). § 326 of the Commercial Code shall not apply to this extent. (5) The audit of the annual financial statements in accordance with paragraph 1 shall also include compliance with the accounting obligations as referred to in paragraph 3. In addition to the existence of separate accounts, it is also necessary to check whether the valuation of the value and the allocation of the accounts has been carried out in a proper and comprehensible way and that the principle of continuity has been observed. The audit opinion on the annual committee shall indicate whether the requirements referred to in paragraph 3 have been complied with. (6) Without prejudice to the special obligations of the verifier referred to in paragraph 5, the regulatory authority may impose additional provisions on the The undertaking referred to in the first sentence of paragraph 1 shall, by definition in accordance with Article 29 (1), be taken into account by the auditor in addition to the examination requirements applicable in accordance with paragraph 1 in the course of the annual financial statements. In particular, it may set additional priorities for the tests. Such a determination must be made no later than six months before the balance sheet date of the relevant calendar year. (7) The adjudicating entity shall immediately after the annual financial statements have been established, the regulatory authority shall have a Preparation of the report on the audit of the annual financial statements according to § 321 of the Commercial Code (audit report), including partial reports that have been granted. The audit report is to be combined with the audited financial statements, the management report and the necessary activity statements. The audit report or the endorsement note shall be included in the examination report. The management report shall be based on the activities referred to in the first sentence of paragraph 3. Business reports relating to the areas of activity listed in the first and second sentences of paragraph 3 shall be published by the companies on their website. Activities relating to activities not listed in the first sentence of paragraph 3 shall be dealt with by the regulatory authority as trade secrets. Audit reports from such undertakings as referred to in the first sentence of paragraph 1 which provide directly or indirectly energy-specific services shall be sent to the regulatory authority responsible for the regulated entity referred to in Article 54 (1). (8) Undertakings which are to be classified as vertically integrated energy supply undertakings within the meaning of Article 3 (38) only because they are also operators of a closed distribution network, and their auditors shall be subject to the obligations laid down in Article 3 (38) of the Treaty. shall not apply to paragraphs 4 and 7. The powers of the regulatory authority in particular in accordance with Section 110 (4) shall remain unaffected. Unofficial table of contents

§ 6c Order of Order

(1) The provisions of § § 335 to 335b of the Commercial Code are also subject to the violation of obligations pursuant to § 6b (1) sentence 1, paragraph 4 of the authorized body of the energy supply company, as well as to the Energy supply companies themselves, even if the company is not a capital company or a company within the meaning of Section 264a of the Commercial Code. Disclosure within the meaning of Section 325 (1) sentence 1 of the Commercial Code is the filing and publication of the annual financial statements, including the activity conclusion pursuant to Section 6b (1) sentence 1, paragraph 4 of this Act. § 329 of the Commercial Code shall be applied accordingly. (2) The competent regulatory authority in accordance with § 54 (1) shall transmit the name and address of the Federal Gazette to the operator of the Federal Gazette once per calendar year. energy supply companies. Unofficial table of contents

§ 6d Operation of a combination system operator

The joint operation of a transport system and a distribution system by the same network operator shall be permitted insofar as this network operator complies with the provisions of § § 8 or 9 or § § 10 to 10e.

Section 2
Unbundling of distribution system operators and storage facility operators

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Section 7 Legal unbundling of distribution system operators

(1) vertically integrated energy supply undertakings shall ensure that distribution system operators connected to them within the meaning of Article 3 (38), in respect of their legal form, are independent of other activities of the distribution system operators, (2) vertically integrated energy supply companies, to whose electricity distribution network less than 100 000 customers are directly or indirectly connected, are in relation to the operators of electricity distribution networks; which are connected with them within the meaning of section 3, point 38, of the obligations in accordance with paragraph 1. The provisions of the first sentence shall apply to gas distribution networks. Unofficial table of contents

Section 7a Operational unbundling of distribution system operators

(1) Companies pursuant to the first sentence of Article 6 (1) shall have the independence of their distribution system operators, as referred to in Article 3 (38), with regard to the organisation, decision-making power and the exercise of the network business in accordance with the following (2) In order to ensure non-discriminatory network operation, persons working for the distribution system operator shall be subject to the following requirements:

1.

Persons who are entrusted with management tasks for the distribution system operator or who have the power to take final decisions which are essential to ensure non-discriminatory network operation must be responsible for the exercise of such The activities of an operational organisation of the distribution system operator shall not include members of undertakings of the vertically integrated energy supply undertaking, directly or indirectly, for the day-to-day operation of the system. Operating in the fields of production, production or distribution of energy Customers are responsible.

2.

Persons carrying out other activities of the network operation in other parts of the vertically integrated energy supply undertaking shall be subject to the technical instructions of the management of the distribution system operator.

(3) Companies in accordance with the first sentence of Article 6 (1) shall take appropriate measures to ensure the professional independence of persons entrusted with the management tasks of the distribution system operator. (4) Vertical integrated Energy supply undertakings shall ensure that the distribution system operators have effective decision-making powers with regard to the assets of the vertically integrated system necessary for the operation, maintenance and development of the network The energy supply company and the energy supply undertakings shall, within the framework of Act independently of the management and other operational facilities of the vertically integrated energy supply company. The vertically integrated energy supply undertaking shall ensure that the distribution system operator has the necessary equipment in terms of material, personnel, technical and financial terms, in order to: to be able to exercise decisionmaking powers in accordance with the first sentence. In order to exercise the economic powers of the management of the vertically integrated energy supply undertaking and its supervisory rights relating to the management of the distribution system operator with a view to its viability, the use of company law instruments of influence and control, inter alia, the instruction, the establishment of general debt ceilings and the approval of annual financial plans or equivalent instruments, to the extent permitted by for the enjoyment of the legitimate interests of the vertically integrated Energy supply company is required. In doing so, compliance with § § 11 to 16a shall be ensured. Instructions for ongoing network operation are not permitted; also inadmissible are instructions for individual decisions on structural measures on energy installations, as long as these decisions are taken within the framework of a vertically integrated (5) vertically integrated energy supply companies are obliged to provide a programme for the employees engaged in the activities of the network operations; mandatory measures for the non-discriminatory exercise of the network business (compliance programme), to make known to the employees of this company and to the regulatory authority and to monitor compliance with the latter by a natural or legal person (equal treatment officer). Staff duties and possible sanctions should be laid down. The Equal Treatment Officer shall submit a report to the regulatory authority by 31 March each year at the latest on the measures taken in accordance with the first sentence of the previous calendar year and shall publish it in a non-personal form. The operator of the distribution system operator shall be completely independent in his/her duties. It shall have access to all information available to the distribution system operator and any associated undertakings, to the extent necessary for the performance of its tasks. (6) Distribution system operators which are part of a vertically integrated Energy supply companies have, in their communication behaviour and their brand policy, to ensure that there is a confusion between distribution system operators and the sales activities of the vertically integrated Energy supply company is excluded. (7) Vertical integrated Energy supply undertakings to whose electricity distribution network less than 100 000 customers are directly or indirectly connected shall be with regard to the operators of electricity distribution networks which are connected with them within the meaning of Article 3 (38) , shall be exempted from the obligations referred to in paragraphs 1 to 6. The first sentence shall be applicable to gas distribution networks. Unofficial table of contents

Section 7b Unbundling of storage system operators and transport system owners

Transport network owners, to the extent that an independent system operator has been designated in accordance with § 9, and to operators of storage facilities that are part of a vertically integrated energy supply undertaking and to which access is technically and In order to provide efficient access to the network in order to supply customers, § 7 (1) and § 7a (1) to (5) shall be applicable accordingly.

Section 3
Special unbundling requirements for transport system operators

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§ 8 Unbundling of property rights

(1) vertically integrated energy supply undertakings shall be unbundling in accordance with the following paragraphs, insofar as they do not make use of any of the possibilities contained in § 9 or § § 10 to 10e. (2) The transport system operator has directly or indirectly through participations to be the owner of the transport network. Persons exercising direct or indirect control over an undertaking performing one of the functions of production, production or distribution of energy to customers shall not be entitled, directly or indirectly, to take control of any such undertaking Operators of a transport network or a transport network or rights to an operator of a transport network or a transport network. Persons exercising direct or indirect control over a transport system operator or a transport network shall not be entitled, directly or indirectly, to control a company which has one of the functions of production, production or The distribution of energy to customers, or to exercise rights in such a company. Persons exercising direct or indirect control over an undertaking performing any of the functions of production, production or distribution of energy to customers or exercising rights in such a company shall not be entitled to: to appoint members of the Supervisory Board or the bodies appointed to represent the legal representation of an operator of transport networks. Persons who are members of the Supervisory Board or the bodies appointed to represent the legal representation of a company which performs a function in the production, production or distribution of energy to customers shall not be entitled to a member of the The supervisory board or the bodies of the transport system operator appointed to represent the legal representation. Rights within the meaning of sentences 2 to 4 shall be in particular:

1.

the power to exercise voting rights, in so far as it provides essential minority rights, in particular in those regulated by Section 179 (2) of the German Stock Corporation Act, Section 182 (1) of the German Stock Corporation Act and Article 193 (1) of the German Stock Corporation Act (AktG), or comparable areas,

2.

the power to appoint members of the supervisory board or the bodies appointed to represent the legal representation,

3.

the holding of a majority shareholding.

The obligation laid down in the first sentence shall be deemed to be fulfilled if two or more undertakings which own transport networks are set up by a joint venture operating in two or more Member States as operators for the transport networks concerned. is. Another company may only be part of the joint venture if it has been unflouted and certified in accordance with the provisions of this Section. Transport system operators shall ensure that they have the financial, material, technical and human resources necessary to carry out the tasks set out in Part 3, Section 1 to 3. with a unbundling procedure referred to in paragraph 1, neither commercially sensitive information referred to in paragraph 6a above which a transport system operator was part of a vertically integrated undertaking may be transferred to undertakings which have been Functions Extraction, generation or distribution of energy to customers , a transfer of personnel from the transport system operator to these companies is still taking place. Unofficial table of contents

§ 9 Independent System Operator

(1) Stand a transport network on 3 September 2009 in the ownership of a vertically integrated undertaking, an independent system operator may be designated in accordance with this provision. Undertakings making an application for certification of the operation of an independent system operator shall ensure the independence of the transport system operator in accordance with the provisions of paragraphs 2 to 6. (2) 8 (2) sentences 2 to 5 shall apply mutatily. It shall have the material, financial, technical and human resources necessary to carry out the tasks of the transport system operator in accordance with Part 3, sections 1 to 3. The independent system operator is obliged to implement the ten-year network development plan, monitored by the regulatory authority, in accordance with § § 12a to 12f or § 15a. The independent system operator shall be in a position to fulfil the obligations arising from Regulation (EC) No 714/2009 or Regulation (EC) No 715/2009, including in respect of the cooperation between the transmission or the Transmission system operators at European and regional level. (3) The Independent System Operator has to grant and design access to the network for third parties without discrimination. In particular, it has to collect network charges, collect bottlenecks, operate, maintain and expand the transport network, and, by means of investment planning, the long-term ability of the transport network to satisfy an adequate level of access to the network. Demand to be guaranteed. In addition to the tasks referred to in the first and second sentences, the independent system operator shall also have the rights and obligations, in particular payments, in the electricity sector under the compensation mechanism between transmission system operators under Article 13 of the Regulation. (EC) No 714/2009. The independent system operator shall be responsible for planning, including the implementation of the necessary approval procedures, construction and operation of the infrastructure. The owner of the transport network and the vertically integrated energy supply undertaking shall cooperate with the independent system operator to the extent necessary. and to assist him in the performance of his duties, in particular by providing the information required for that purpose. They shall finance the investments decided by the independent system operator and designated in the network development plan in accordance with § § 12a to 12f or § 15a for the following three years or their consent to the financing by third parties, including the Independent System Operator. The financing agreements shall be approved by the regulatory authority. The owner of the transport network and the vertically integrated energy supply undertaking shall make available the necessary security services necessary to facilitate the financing of the necessary network expansion, unless the owner of the transport network or the vertically integrated energy supply undertaking has agreed to the financing by a third party, including the independent system operator. The owner of the transport network shall ensure that it is permanently in a position to fulfil its obligations under the first sentence of sentence 1 to 3. (5) The owner of the transport network and the vertically integrated energy supply undertaking shall have the following: To exempt independent system operators from any liability for damage to property, persons and assets caused by the transport network operated by the independent system operator, unless the liability risks relate to the Performance of the tasks referred to in paragraph 3 by the independent system operator. (6) Where the independent system operator operates the transport networks of a number of transport network owners, the conditions set out in paragraphs 1 to 5 in relation to the independent system operator and the respective owner of the transport network shall be subject to the conditions laid down in paragraphs 1 to 5. or to the vertically integrated undertakings concerned. Unofficial table of contents

§ 10 Independent transport system operator

(1) vertically integrated energy supply companies may set up an Independent Transport Network Operator in accordance with this provision and § § 10a to 10e if the transport network is owned by a vertical transport network on 3 September 2009 integrated energy supply company. In addition to the tasks referred to in Part 3, section 1 to 3, the independent transport system operator shall be responsible for at least the following areas:

1.

the representation of the Independent Transport System Operator with regard to third parties and the regulatory authority;

2.

the representation of the Independent Transport System Operator within the European Network of Transmission System Operators for Transmission or Transmission System Operators,

3.

the collection of all transport network charges, including network charges, as well as, where appropriate, applicable charges for ancillary services, in particular for gas treatment and the procurement or provision of compensation or loss energy,

4.

the establishment and maintenance of such bodies, which would normally be active in a number of parts of the vertically integrated undertaking, in particular its own legal department and its own accounts, as well as the care of those in the case of the independent undertaking transport system operator existing information technology infrastructure,

5.

the creation of appropriate joint ventures, including with other transport system operators, with energy exchanges and other relevant stakeholders, with a view to promoting the development of regional electricity or gas markets, and ensuring security of supply; , or to facilitate the process of liberalisation of the energy markets.

(2) vertically integrated energy supply undertakings shall have the independence of their independent transport system operators, as referred to in Article 3 (38), with regard to the organisation, decision-making and exercise of the To ensure transport network business in accordance with § § 10a to 10e. Vertically integrated energy supply undertakings shall have the independent transport system operator in one of the areas referred to in Article 1 of Directive 2009 /101/EC of the European Parliament and of the Council of 16 September 2009 on the coordination of the Protection provisions which, in the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 48 of the Treaty in order to make such safeguards equivalent (OJ L 196, 27.7.2005, p. 11), to be organised in accordance with the rules of procedure. Unofficial table of contents

§ 10a Assets, assets, staffing, company identity of the Independent Transport System Operator

(1) Independent transport system operators shall have the financial, technical, material and human resources necessary for the performance of the obligations arising out of this law and for the operation of the transport network. Independent transport system operators shall have direct or mediated ownership of all assets necessary for the operation of the transport network, including the transport network. (2) Staff who are responsible for the operation of the The transport network may not be employed in other companies of the vertically integrated energy supply undertaking or its subsidiaries. Workers ' omissions of the Independent Transport System Operator to the vertically integrated energy supply company and the vertically integrated energy supply company to the Independent Transport Network Operators are inadmissible. (3) Vertically integrated energy supply undertakings or one of its subsidiaries shall refrain from providing services to the independent transport system operator by means of their own or acting on behalf of the latter. The provision of services to the vertically integrated energy supply undertaking by the independent transport system operator shall be permitted only where:

1.

the services are in principle accessible to all users of the transport network in a non-discriminatory way and competition in the fields of production, extraction and supply is not restricted, distorted or prevented;

2.

the contractual conditions for the provision of the service by the independent transport system operator to the vertically integrated energy supply undertaking of the regulatory authority have been submitted and verified by that authority; and

3.

the services do not provide for the settlement of services provided to the customer for the vertically integrated undertaking in the field of production, production, distribution, supply of electricity or natural gas or storage of Natural gas includes other services, the perception of which by the Independent Transport Network operator is likely to discriminate against competitors of the vertically integrated undertaking.

The powers of the regulatory authority in accordance with § 65 shall remain unaffected. (4) The independent transport system operator shall ensure that, with regard to his company, his communications with third parties as well as his brand policy and business premises, a (5) Independent transport system operators shall be required to share information technology application systems with the vertically integrated energy supply undertaking in so far as these applications of information technology have been adapted to the entrepreneurial peculiarities of the Independent Transport System Operator or the vertically integrated energy supply company. Independent transport system operators shall refrain from sharing information technology infrastructure with other parts of the vertically integrated energy supply company, unless the infrastructure

1.

is located outside the premises of the Independent Transport System Operator and the vertically integrated undertaking; and

2.

shall be made available and operated by third parties.

Independent transport system operators and vertically integrated energy supply undertakings shall ensure that they relate to the information technology and information technology application systems that are in business or The office of the Independent Transport System Operator or the vertically integrated power supply company shall not cooperate with the same consultants or external contractors. (6) Independent transport system operators and other parts of vertically integrated Energy supply companies have to refrain from sharing office and business premises, including the sharing of access control systems. (7) The Independent Transport Network operator has the accounting of others Audit the audit of the vertically integrated energy supply undertaking or any of its parts to be audited. The auditor of the vertically integrated energy supply company may inspect parts of the accounts of the Independent Transport Network Operator to the extent that this is necessary for the issuance of the Group confirmation notice in the context of the full consolidation of the Vertically integrated energy supply company is required. The auditor is obliged to treat the findings and commercially sensitive information obtained from the inspection into the books of the Independent Transport System Operator in confidence and, in particular, not to the vertically integrated information Energy supply companies.

Footnote

Section 10a (7) Sentence 1 italics: the word "auditor" should be correct "auditors" Unofficial table of contents

Section 10b Rights and obligations in the vertically integrated undertaking

(1) vertically integrated energy supply undertakings shall ensure that independent transport system operators have effective decision-making powers with regard to the assets necessary for the operation, maintenance and development of the network of the vertically integrated energy supply undertaking and, within the framework of the provisions of this Act, shall exercise independently of the management and other operational facilities of the vertically integrated energy supply undertaking . Independent transport system operators must, in particular, have the power to obtain additional financial resources on the capital market by taking up loans or by increasing the capital. Sentence 1 and 2 shall apply without prejudice to the decisions of the Supervisory Board in accordance with § 10d. (2) Structure and Statutes of the Independent Transport System Operator shall have the independence of the transport system operator from the vertically integrated undertaking within the meaning of § § § § § § § § § § § 10 10 to 10e. Vertically integrated energy supply undertakings shall refrain from any direct or indirect influence on the current business of the Independent Transport System Operator or on the operation of the network; they shall also refrain from any such action direct or indirect influence on necessary activities for the preparation of the ten-year network development plan in accordance with § 12a to 12f or § 15a by the independent transport system operator. (3) subsidiaries of the vertically integrated network development plan Company which has the functions of generation, production or distribution of Exercising energy to customers shall not directly or indirectly hold shares in the transport system operator. The transport system operator shall not, either directly or indirectly, hold shares in subsidiaries of the vertically integrated undertaking performing the functions of generation, production or distribution of energy to customers, nor shall it hold dividends or any other (4) The independent transport system operator must ensure that it is at all times the necessary means for the establishment, operation and maintenance of a safe, efficient and efficient transport network. (5) The vertically integrated Energy supply undertakings and the Independent Transport System Operators shall have, in the case of commercial and financial relations between them, including the granting of credit to the vertically integrated energy supply undertaking to comply with normal market conditions by the Independent Transport System Operator. The transport system operator shall submit all commercial or financial agreements with the vertically integrated energy supply company of the regulatory authority in the certification for approval. The powers of the Authority to verify the obligations arising out of Part 3, Section 3 shall remain unaffected. The independent transport system operator shall fully document these commercial and financial relations with the vertically integrated energy supply undertaking and shall make available the documentation of the regulatory authority on request (6) The members of the vertically integrated undertaking shall be liable to the members of the bodies of the vertically integrated undertaking in respect of matters to which those members were not allowed to exercise any influence under this Act and in fact exercised no influence. , is excluded. Unofficial table of contents

Section 10c Independence of the staff and the management of the Independent Transport System Operator

(1) The independent transport system operator shall have the names of the persons appointed or confirmed by the Supervisory Board as the top management of the transport system operator by the regulatory authority, as well as the rules relating to the functioning of the transport system operator; for those persons, the duration of the contracts with these persons, the terms and conditions of the contract and any termination of the contracts with such persons shall be notified without delay. In the event of a termination of the contract, the Independent Transport Network Operator shall notify the regulatory authority of the grounds on which the termination of the contract is intended to be made before the decision. The decisions and arrangements referred to in the first sentence shall be binding only if no objection to the decision is raised by the regulatory authority within three weeks of receipt of the notification of the Independent Transport System Operator. The regulatory authority may base its objections to the decision only on the fact that there are doubts:

1.

the professional independence of a person appointed to the senior management or

2.

the authority of an early termination of the contract.

(2) The majority of the members of the management of the transport system operator shall not be allowed to take part in a vertically integrated undertaking which has one of the functions in the electricity sector for the last three years prior to appointment. Generation, distribution, supply or purchase of electricity and in the natural gas sector, one of the functions of extraction, distribution, supply, purchase or storage of natural gas, or commercial, technical or maintenance-related tasks related to the production of natural gas with these functions, or a majority shareholder of this Companies have been employed or have maintained interests or business relationships with one of these companies. The remaining members of the management of the Independent Transport Network Operator shall not be required to perform any tasks of the management or with the task of the Independent Transport System Operator in the last six months prior to appointment. A comparable task for a vertically integrated undertaking undertaking, in the electricity sector, one of the functions of production, distribution, supply or purchase of electricity and, in the natural gas sector, one of the functions of production, the distribution, supply, purchase or storage of natural gas, or any commercial, technical or maintenance-related tasks related to these functions, or a majority shareholder of such undertakings. Sentences 1 and 2 shall not apply to appointments which have taken effect before 3 March 2012. (3) The Independent Transport System Operator shall ensure that its management and its employees are neither vertical nor vertical. integrated energy supply undertakings or any of its parts, other than the independent transport system operator, shall still be engaged in interests or business relations with the vertically integrated energy supply undertaking or any of these parts . The first sentence shall not include the supply of energy for private consumption, which shall be the subject of normal market conditions. (4) The independent transport system operator and the vertically integrated energy supply undertaking shall ensure that: persons of the management and other employees of the independent transport system operator shall not acquire any shares of the vertically integrated energy supply undertaking or any of its parts of the undertaking after 3 March 2012, except where: it is the shares of the Independent Transport Network Operator. Persons of the company management have to divindicate shares of the vertically integrated energy supply company or one of its corporate parts acquired prior to March 3, 2012, until March 31, 2016. The independent transport system operator shall ensure that the remuneration of persons belonging to the management board is not of economic success, in particular the operating result, of the vertically integrated energy supply company or one of its subsidiaries, with the exception of the Independent Transport Network Operator. (5) Persons of the Management of the Independent Transport System Operator may, after the end of the Contractual relationship with the Independent Transport System Operator for four years not with others Undertaking of the vertically integrated undertaking which, in the electricity sector, has one of the functions of generation, distribution, supply or purchase of electricity and in the natural gas sector, one of the functions of extraction, distribution, supply, purchase or Perform the storage of natural gas or perform commercial, technical or maintenance tasks related to these functions, or in the case of majority share owners of these undertakings in the vertically integrated energy supply undertaking is employed or interest or business relationships with these If the contractual relationship with the Independent Transport System Operator has been terminated before 3 March 2012. (6) Paragraph 2, first sentence, and paragraphs 3 and 5 shall apply to persons who have the highest Company management directly subordinate and responsible for the operation, maintenance or development of the network accordingly. Unofficial table of contents

§ 10d Supervisory Board of the Independent Transport System Operator

(1) The Independent Transport System Operator shall have a Supervisory Board pursuant to Section 2 of Part 4 of the German Stock Corporation Act. (2) Decisions, appointments, confirmations, conditions of employment of persons of the Company's management of the Company's Management Independent transport system operators, including remuneration and termination of the contract, shall be taken by the Supervisory Board. By way of derogation from Section 119 of the German Stock Corporation Act, the Supervisory Board also decides on the approval of the annual and long-term financial plans of the Independent Transport Network Operator, on the level of the indebtedness of the Independent Transport System Operator the transport system operator and the amount of dividends to be paid to the shareholders of the Independent Transport Network Operator. Decisions concerning the day-to-day operations of the transport system operator, in particular the network operation, as well as the establishment of the ten-year network development plan in accordance with § 12a to 12f or § 15a shall be made exclusively by the (3) Section 10c (1) to (5) shall apply to half of the members of the Supervisory Board of the Independent Transport Network Operator, minus one member. The first and second sentences of Article 10c (1) and the fourth sentence of paragraph 2 shall apply mutatily to the other members of the Supervisory Board of the Independent Transport Network Operator. Unofficial table of contents

§ 10e Equal Treatment Programme and Equal Treatment Officer of the Independent Transport System Operator

(1) Independent transport system operators shall establish a programme of binding measures for the non-discriminatory exercise of the operation of the transport network (equal treatment programme), to make known to the staff and to the staff of the regulatory authority for approval. The programme shall lay down the obligations of the staff and the possible penalties. (2) Without prejudice to the powers of the regulatory authority, compliance with the programme shall be continuously carried out by a natural or legal person. (Equal treatment officer of the Independent Transport Network Operator). The Equal Treatment Officer of the Independent Transport Network Operator shall be appointed by the Supervisory Board of the Independent Transport Network Operator, which is formed in accordance with § 10d. Article 10c (1) to (5) shall apply to the Equal Treatment Officer of the Independent Transport Network Operator, Section 10c (2), first sentence, and (2) shall not apply if the Independent Transport Network Operator is a natural person. An equal treatment officer of the Independent Transport Network Operator. The Equal Treatment Officer of the Independent Transport Network Operator shall be directly responsible for the management of the Independent Transport Network Operator and shall be free of instructions in this function. It must not be penalised because of the performance of its duties. The independent transport system operator shall make available to the equal treatment officer of the independent transport system operator the means necessary for the performance of his duties. The Equal Treatment Officer of the Independent Transport Network Operator may have access to all the data required for the performance of his duties and, without prior notice, to the premises of the Independent Transport Network Operator. Independent transport system operator shall require; the Independent Transport Network Operator shall comply with this request of the Equal Treatment Officer of the Independent Transport Network Operator. (3) The Supervisory Board of the Independent Transport Network Operator Transport system operator shall have the appointment of the equal treatment officer of the To inform the independent transport system operator of the regulatory authority without delay. The appointment referred to in the second sentence of paragraph 2 shall take effect only after the approval of the regulatory authority. The approval of the nomination shall be granted by the regulatory authority, except in the event of a lack of independence or lack of professional competence of the person proposed by the Independent Transport System Operator for appointment. The terms and conditions of employment of the Equal Treatment Officer of the Independent Transport Network Operator, including the duration of his/her order, shall be approved by the regulatory authority. (4) The The regulatory authority shall report on a regular basis to the non-dependent transport system operator. It shall draw up, once a year, a report setting out the measures for the implementation of the compliance programme and shall submit it to the regulatory authority by 30 September of a year at the latest. It shall keep the regulatory authority informed on a continuous basis of serious infringements in the implementation of the compliance programme and of financial and commercial relations, in particular the amendments thereof, between the vertically integrated energy supply companies and the independent transport system operator. He reports to the Supervisory Board of the Independent Transport Network Operator and gives the top management recommendations on the equal treatment programme and its implementation. (5) The Equal Treatment Officer of the Independent Transport system operator shall forward to the regulatory authority any decisions on the investment plan or on individual investments in the transport network at the latest when the management of the transport system operator makes those decisions to the Supervisory Board. The Equal Treatment Officer of the Independent Transport System Operator shall inform the regulatory authority without delay if the vertically integrated undertaking is in the shareholder or general meeting of the transport system operator by: the voting behaviour of the members appointed by the latter causes a decision or prevents the adoption of a decision and, on the basis of its network investment, following the 10-year network development plan in the following three years should be carried out, prevented or delayed. (6) The Equal Treatment Officer of the Independent Transport Network Operator is entitled to attend all meetings of the company management, the Supervisory Board or the Shareholders 'or Shareholders' Meeting. In the meetings of the Supervisory Board, the Equal Treatment Officer of the Independent Transport Network Operator shall be granted his or her own right of retreat. The Equal Treatment Officer of the Independent Transport Network Operator shall take part in all Supervisory Board meetings dealing with the following issues:

1.

Conditions for access to the network in accordance with Regulation (EC) No 714/2009 (OJ L 145, 31.5.2009, p 15) and Regulation (EC) No 715/2009 (OJ L 145, 31.5.2009, p. 36), in particular as far as the discussions on network charges, services related to third party access, capacity allocation and congestion management, transparency, balancing of energy losses and secondary markets, ,

2.

Projects relating to the operation, maintenance and development of the transport network, in particular with regard to the necessary investments for the grid connection and network, in new transport links, for capacity expansion and reinforcement existing capacity or

3.

the sale or purchase of energy required for the operation of the transport network.

(7) Following the prior approval of the regulatory authority, the Supervisory Board may discontinue the Equal Treatment Officer of the Independent Transport Network Operator. The convening shall be made on grounds of lack of independence or lack of professional competence at the request of the regulatory authority.

Part 3
Network operation regulation

Section 1
Tasks of the network operators

Unofficial table of contents

Section 11 Operation of energy supply networks

(1) Energy supply network operators shall be required to operate, maintain and develop a secure, reliable and efficient energy supply network without discrimination, to the extent that it is necessary to ensure that the network is it is economically reasonable. In particular, they have to perform the tasks in accordance with § § 12 to 16a. The obligation shall also apply in the context of the exercise of the economic powers of the management of the vertically integrated energy supply company and its supervisory rights in accordance with Article 7a (4) sentence 3. (1a) The operation of a safe The energy supply network also includes, in particular, adequate protection against threats to telecommunications and electronic data processing systems, which are necessary for secure network operation. In consultation with the Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik), the regulatory authority shall draw up and publish a catalogue of security requirements in the information technology sector. The catalogue of security requirements also contains rules for the regular review of the fulfilment of the safety requirements. Adequate protection of the operation of a power supply network shall be provided if this catalogue of safety requirements has been complied with and this has been documented by the operator. Compliance can be verified by the regulatory authority. For this purpose, the regulatory authority may make more detailed provisions on the format, content and design of the documentation provided for in the fourth sentence. (1b) Operators of energy installations which are subject to the entry into force of the Legal Regulation pursuant to § 10 paragraph 1 of the BSI Act of 14 August 2009 (BGBl. I p. 2821), most recently by Article 8 of the Law of 17 July 2015 (BGBl. 1324), as amended as a critical infrastructure and connected to a power supply network, have been amended in accordance with Article 10 (1) of the Regulation within two years of the entry into force of the legal regulation. BSI law provides adequate protection against threats to telecommunications and electronic data processing systems that are necessary for safe plant operation. In consultation with the Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik), the regulatory authority shall draw up and publish a catalogue of security requirements in the information technology sector. In the case of telecommunications and electronic data processing systems of plants pursuant to § 7 paragraph 1 of the Atomic Energy Act, preference shall be given to the provisions of the Atomic Energy Act. The approval and supervisory authorities of the federal and state governments responsible for nuclear safety shall be involved in the preparation of the catalogue of safety requirements. The catalogue of security requirements also contains regulations for the regular review of the fulfilment of the safety requirements. Adequate protection of the operation of energy installations within the meaning of the first sentence is provided if this catalogue has been complied with and this has been documented by the operator. Compliance can be checked by the Federal Network Agency. For this purpose, the regulatory authority may lay down more detailed provisions on the format, content and design of the documentation referred to in sentence 6. (1c) Operators of energy supply networks and energy installations which shall be subject to the entry into force of the legal regulation in accordance with § 10 (1) of the BSI Act as a critical infrastructure, the Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik) immediately has significant disturbances in the availability, integrity, authenticity and confidentiality of its Information technology systems, components or processes to be used in Failure or impairment of the functioning of the energy supply network or of the energy plant concerned may or may have already been caused. The notification shall contain information on the disturbance and on the technical framework conditions, in particular the suspected or actual cause and the information technology concerned. The name of the operator is required only if the fault has actually resulted in a failure or impairment of the functionality of the critical infrastructure. The Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik) has immediately forwarded the reports to the Federal Network Agency. The Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik) and the Federal Network Agency (Bundesnetzagentur) shall ensure that the unauthorised disclosure of the information given to them in accordance with sentence 1 is excluded. Access to the files of the Federal Office for Security in Information Technology as well as to the files of the Federal Network Agency in matters according to § § 11a to 11c is not granted. Section 29 of the Administrative Procedure Act shall remain unaffected. § 8d (1) of the BSI Act must be applied accordingly. (2) Rules governing the liability of the operators of energy supply networks from contract and other legal relationships may also be laid down in the legal regulations governing the contractual and other legal relationships. unauthorised act for damage to property and property suffered by a customer by interrupting the supply of energy or by means of irregularities in the energy supply. In this case, the liability can be limited to deliberate or grossly negligent causation, and the amount can be limited. Insofar as to avoid unreasonable economic risks of network operation in connection with obligations pursuant to § 13 (2), § 13a (2) and § 13c (1), also in conjunction with § 14, and § 16 (2) and (2a), also in connection with § 16a, the liability may also be completely excluded. Unofficial table of contents

§ 12 Tasks of transmission system operators, regulation empowerment

(1) Transmission system operators shall regulate the transmission of energy through the network, taking into account exchanges with other interconnected networks, and shall be responsible for the provision and operation of their transmission networks in the national and to contribute to a secure and reliable electricity supply system in its control zone and thus to a secure energy supply. Transmission system operators may agree to transfer the regulatory responsibility for their networks to an operator of transmission networks. With the transfer of the regulatory responsibility, the responsible network operator is given the powers of § 13. The regulatory authority shall be notified of the transfer of the regulatory responsibility no later than six months before that date. The regulatory authority may require transmission system operators to reduce the level of regulatory energy expenditure and to promote uniform conditions in the granting of access to the network by establishing, in accordance with Article 29 (1), the operators of transmission networks (2) Transmission system operators shall provide the operators of another network with which their own transmission networks are technically connected to provide the necessary information in order to ensure the safe and efficient use of Operation, coordinated expansion and interconnection. (3) Operators of transmission systems shall be permanently capable of ensuring the capacity of the network to meet the demand for the transmission of electricity and, in particular, by means of the appropriate transmission capacity and reliability of the network; contribute to security of supply. To this end, they should also use, as far as technically possible, appropriate technical installations, for example for the provision of blind and short-circuit power, which are not installations for generating electrical energy. (3a) In order to ensure technical safety and the The Federal Ministry of Economics and Energy is authorized by the German Federal Ministry of Economics and Energy to provide technical requirements for systems for the generation of electrical energy, in particular in installations according to the Renewable energy law and the combined heat and power law, as well as network operators and shall require plant operators to retrofit plants which have already been put into service before 1 January 2012, as well as plant-related data necessary for the implementation and control of the retrofit process, (4) Operators of generation plants, operators of electricity distribution networks, operators of gas supply networks, industrial and commercial last-consumers and suppliers of electricity are required, operators of transmission networks and upstream operators of electricity distribution networks, on request, without delay, to provide the information, including any operational and business secrets, necessary to ensure that the transmission networks are can be operated, maintained and extended safely and reliably. The operators of transmission systems and upstream operators of electricity distribution networks shall each have to ensure that they are informed in accordance with the first sentence of the first sentence of the operation and trade secrets referred to in the first sentence exclusively for the purposes specified therein. , the unauthorised disclosure of which is excluded. The information provided is intended to enable transmission system operators, in particular, to draw up a report containing the current account for their area of responsibility as forecast and statistics. The regulatory authority is empowered to adopt, in accordance with Article 29 (1), provisions for the concretization of the circle of catering, content and methodology, details of the transfer of data and the data format of the provision to the Operators of transmission systems or upstream operators of distribution networks. (5) Transmission system operators shall be notified of the report on the current account referred to in the second sentence of paragraph 4, each on 30 September of each year, to the point where: , which shall carry out the monitoring in accordance with § 51. Unofficial table of contents

§ 12a Scenario framework for network development planning

(1) The operators of transmission networks shall draw up a common scenario framework each year, which shall be the basis for the development of the network development plan according to § 12b and the offshore network development plan according to § 17b. The scenario framework includes at least three development paths (scenarios) that cover the range of probable developments within the framework of the federal government's medium-and long-term energy policy goals for the next ten years. One of the scenarios must be the probable development for the next twenty years. For the scenario framework, transmission system operators shall lay down reasonable assumptions for the respective scenarios for the production, supply, consumption of electricity as well as their exchange with other countries, and shall take into account planned Investment projects of the European network infrastructure. (2) The operators of transmission networks shall submit the draft scenario framework to the regulatory authority. The regulatory authority shall publicly disclose the design of the scenario framework on its home page and shall provide the public, including actual and potential network users, downstream network operators, as well as the institutions (3) The regulatory authority authorises the scenario framework, taking into account the results of public participation. Unofficial table of contents

Section 12b Creation of the network development plan by the transmission system operators

(1) The operators of transmission networks shall submit a joint national network development plan to the regulatory authority for the first time on 3 March, but for the first time only on 3 June 2012, on the basis of the scenario framework, a common national network development plan. The common national network development plan must include all effective measures to optimise, strengthen and develop the network, which will require a secure and reliable network operation over the next ten years . The network development plan shall also contain the following information:

1.

all network expansion measures necessary for a secure and reliable network operation over the next three years from the adoption of the network development plan by the regulatory authority,

2.

a timetable for all network expansion measures;

3.

a)

Network expansion measures as pilot projects for low-loss transmission of high performance over long distances, and

b)

the use of high-temperature conductor ropes as a pilot project with an assessment of their technical feasibility and cost-effectiveness,

4.

the state of implementation of the previous network development plan and, in the case of delays, the relevant reasons for the delays,

5.

Information on the transmission technology to be used.

The operators of transmission networks use a suitable model of the German transmission network that is suitable for a knowledgeable third party in the development of the network development plan. The network development plan shall take into account the Community-wide network development plan referred to in Article 8 (3b) of Regulation (EC) No 714/2009 and existing offshore network plans. (2) The network development plan shall include all the measures taken in accordance with the scenarios of the scenario framework in order to meet the requirements laid down in the second sentence of paragraph 1. In doing so, account shall be taken in particular of the need for safe and reliable operation of the network. (3) Transmission network operators shall publish the draft network development plan before submission to the regulatory authority. their websites and give the public, including actual or potential network users, the downstream network operators and the public authorities and the energy supervisory authorities of the countries an opportunity to express their views. For this purpose, they provide the design of the network development plan and all other necessary information on the Internet. The operators of electricity distribution networks shall be obliged to cooperate with the transmission system operators to the extent necessary to ensure that the network development plan is properly prepared and that they are , in particular the obligation to provide the operators of transmission networks with the necessary information for the preparation of the network development plan without delay. (4) The network development plan shall be a summary statement in the manner in which the results of the participations In accordance with § 12a (2) sentence 2 and § 12b (3) sentence 1 in the network development plan, and for what reasons the network development plan was chosen after consideration with the audited other planning options for consideration (5) The transmission system operators shall immediately submit the draft network development plan to the regulatory authority. Unofficial table of contents

§ 12c Confirmation of the network development plan by the regulatory authority

(1) The regulatory authority shall examine the conformity of the network development plan with the requirements laid down in Article 12b (1), (2) and (4). It may request changes to the draft network development plan by the transmission system operators. Transmission system operators shall, on request, provide the regulatory authority with the information necessary for their audits. Where there are doubts as to whether the network development plan is in line with the Community-wide network development plan, the regulatory authority shall consult the Agency for the Cooperation of Energy Regulators. (2) In order to prepare a If required pursuant to § 12e, the regulatory authority shall draw up an environmental report early during the procedure for the preparation of the network development plan according to § 12b and the offshore network development plan according to § 17b, which shall comply with the requirements of § 14g of the Law on Environmental Impact Assessment (EIA). The environmental report according to the first sentence relates to the environmental report on the Bundesfachplan Offshore pursuant to Article 17a (3) and may have a significant environmental impact on additional or other than in the environmental report on the Bundesfachplan Offshore pursuant to Article 17a (3). shall be limited. The operators of transmission networks shall provide the regulatory authority with the necessary information. (3) After the conclusion of the examination referred to in paragraph 1, the regulatory authority shall, without delay, take part in the tasks of the regulatory authority whose remit is to: and the public. The provisions of the law on the assessment of the effects of the environmental impact shall be decisive in so far as the following provisions do not give any other effect. The participation shall be subject to the draft network development plan and, in the cases of § 12e, to the environmental report. The documents relating to the Strategic Environmental Assessment and the draft network development plan shall be interpreted for a period of six weeks at the seat of the regulatory authority and shall also be made public on their website. The public concerned may submit comments on the draft network development plan and the environmental report up to two weeks after the end of the interpretation. (4) The regulatory authority shall confirm the annual network development plan, taking into account the Results of public authorities and public participation with effect for the operators of transmission networks. The confirmation shall not be subject to self-perpetuating by third parties. The regulatory authority may determine which transmission system operator is responsible for the implementation of a measure included in the network development plan. (5) The transmission system operators shall be obliged to (6) The regulatory authority may, by specifying in accordance with Article 29 (1), lay down detailed rules on the content and procedures of the development of the network development plan, and on the design of the provisions of paragraph 3, section 12a (2) and § 12b (3) the procedure to be carried out for public participation. Unofficial table of contents

§ 12d Public Participation in the continuation of the Network Development Plan

After the initial confirmation of the network development plan, the participation of the public, including actual and potential network users, downstream network operators, as well as public interests in accordance with Section 12a (2), may be taken into account. § 12b (3) and § 12c (3) shall be limited to changes in the scenario framework or the network development plan as compared to the previous year. A complete procedure in accordance with § § 12a to 12c must be carried out at least every three years as well as in the cases of § 12e paragraph 1 sentence 3. Unofficial table of contents

§ 12e Federal Demand Plan

(1) The regulatory authority shall transmit the network development plan and the offshore network development plan at least every three years to the federal government as a draft for a federal demand plan. The Federal Government shall submit the draft Federal Requirements Plan to the Federal legislature at least every three years. The regulatory authority shall also have to proceed with substantial changes to the annual network development plan as set out in the first sentence of the first sentence. (2) The regulatory authority shall identify, in its draft for a federal demand plan, the transnational and High-voltage cross-border power lines as well as connection lines from offshore wind farm substations to network interconnections on land. The draft shall be accompanied by an explanatory statement. The projects of the Federal Demand Plan correspond to the objectives of § 1 of this Act. (3) (omitted) (4) With the enactment of the Federal Requirements Plan by the Federal legislature, the energy-economic necessity for the projects contained therein will be and the urgent need for urgent action. The findings are binding for the operators of transmission networks as well as for the planning approval and the planning permission in accordance with § § 43 to 43d and § § 18 to 24 of the Network Acceleration Act transmission network. (5) For the change of Federal requirement plans apply § 14d sentence 1 of the law on environmental impact assessment. In so far as there is no obligation to carry out a Strategic Environmental Assessment, Section 12c (2) shall not apply. Unofficial table of contents

§ 12f Data disclosure

(1) The regulatory authority shall provide the Federal Ministry for Economic Affairs and Energy and the Federal Environment Agency with data required for digital network calculations, in particular feed and load data as well as impedances and capacity of lines and transformers, including company-related data and operational and business secrets, to the extent that this is necessary to carry out their respective tasks. (2) The regulatory authority shall, at the request of: grid-node-sharp feed-in and load data as well as information on Impedances and capacities of lines and transformers to third parties that demonstrate the expertise to verify the network planning and a legitimate interest in relation to the regulatory authority, as well as the confidential treatment of the To provide information or to have the right to handle classified information with a classification according to § 12g (4) in conjunction with § 4 of the Security Inspection Act (Security Inspection Act). The data shall be made available in a standardized, electronically processable format. Data representing operational and commercial secrets shall not be issued by the regulatory authority. In such a case, the regulatory authority shall issue typed and anonymized data sets to the applicant. Unofficial table of contents

§ 12g Protection of European Critical Plants, Regulation empowerment

(1) In order to protect the transmission system, the regulatory authority shall designate, every two years, those installations or parts of transmission system installations whose disruption or destruction has a significant impact in at least two Member States of the transmission system. European Union (European Critical Plant). The determination shall be carried out by means of the procedure laid down in § 29. In order to prepare the definition, operators of transmission systems shall submit a report to the regulatory authority in which installations of their network, the disruption or destruction of which may have a significant impact in at least two Member States, shall be submitted to the regulatory authority. , and this is justified. The report may also be drawn up and submitted jointly by all operators. (2) Transmission system operators shall draw up safety plans for the protection of their installations as defined in the first sentence of paragraph 1, and shall have security officers responsible for the protection of their assets. (3) The Federal Government shall be empowered to provide, by means of a regulation without the consent of the Federal Council, details of the procedure for the determination and the report referred to in paragraph 1 as well as the safety plans and security officers referred to in paragraph 2. (4) The rules for the determination of The information required in the second sentence of paragraph 1, the report of the operators referred to in the third sentence of paragraph 1 and the safety plans referred to in paragraph 2 shall be classified as classified with the appropriate degree of classification within the meaning of Section 4 of the Security Review Act . Unofficial table of contents

Section 13 System responsibility of transmission system operators, Regulation authorisations

(1) Where the security or reliability of the electricity supply system is endangered or disturbed in the relevant control zone, transmission system operators shall be entitled and required to carry out the risk or disturbance by:

1.

network-related measures, in particular through network circuits; and

2.

market-related measures, such as in particular the use of control energy, contractually agreed disconnectable and switchable loads, information on bottlenecks and management of bottlenecks, and mobilization of additional reserves

(1a) For the implementation of measures referred to in paragraph 1 (2), operators of electrical energy storage installations and electrical power generation plants (generating installations) with a nominal output of 10 Megawatt shall, at the request of the transmission system operators and, if necessary, in coordination with the operator of the network to which the production plant is integrated, shall be required to pay the effective performance or To adjust the reactive power supply. An adjustment also includes the requirement of a feed from generation plants which do not currently have to be fed in and, if necessary, have to be made ready for operation or which will postpone a planned revision to meet the requirements . The regulatory authority shall be empowered to adopt, in accordance with Article 29 (1), provisions for the concretization of the addressee price in accordance with the first sentence, the necessary technical requirements to be met with regard to the operators concerned (1b) The operator of a transmission system shall request the operator of an installation in the Annex to the Directive, the operator of a transmission system shall be responsible for the The meaning of the first and second sentences of paragraph 1a, which shall otherwise be based on provisional decommissioning if, in the necessary time period, it would not be ready to continue, in accordance with paragraph 1a, to maintain or restore the operational readiness of the plant for the adjustment of the feed, the operator may be responsible for the preparation or production of the supply In addition to the necessary outlays for concrete adaptations of the feed (production costs), the necessary equipment (operating conditions) is to be used as the appropriate remuneration. If the operator of the installation receives the operator of the transmission system for payment of the operating costs, the installation may be operated for a period of five years exclusively in accordance with the requirements of the system security measures requested . If, after the expiry of the five-year period, the installation is reinstated independently, the operating costs shall be reimbursed. (2) A risk or disturbance shall not be remedied by measures referred to in paragraph 1, or shall not be remedied in good time, operators of transmission systems shall be entitled and obliged, within the framework of the cooperation pursuant to § 12 para. 1, to the requirements of a safe and reliable operation in their control zones, all power feeds, current transiting and power take-off in their control zones of the transmission system, or to require that adjustment. In the event of a necessary adjustment of power supplies and power take-off, the operators of electricity distribution networks and electricity traders concerned shall, in particular, be informed in advance as far as possible. (2a) For the measures referred to in paragraphs 1 and 2 Comply with § 11 paragraph 1 of the Renewable Energy Act and § 4 (1) and 3 sentence 2 of the Power-Heat-Coupling Act and impact on the security and reliability of the gas supply system on the basis of of the operators of the gas supply networks referred to in Article 12 (4), first sentence the information to be provided shall be duly taken into account. For the measures referred to in the first sentence of the first sentence of paragraph 1, the use of contractual arrangements for the supply of electricity under the first sentence of 1 following the exhaustion of the contractual arrangements for the reduction of the supply of non- Priority authorised electricity shall be authorised, in so far as the provisions of the Renewable Energy Act or the combined heat and power law provide for derogation from the above-mentioned obligations on the basis of contractual agreements. If the danger or malfunction is based on an overload of the network capacity, the special requirements of § § 14 and 15 of the Renewable Energy Act shall be complied with in the framework of measures pursuant to paragraph 2. To the extent that compliance with the obligations referred to in this paragraph would prevent the elimination of a hazard or disturbance, it may exceptionally be dismissed. Such an exceptional case shall, in particular, be provided to the extent that the operators of transmission systems rely on the minimum feed-in from certain installations to ensure the safety and reliability of the electricity supply system (net technically required minimum). Exceptions to the provisions of sentences 4 and 5 shall be notified to the regulatory authority without delay and the specific reasons shall be established. The regulatory authority may determine criteria for the exceptional cases in force in accordance with the fourth sentence of Article 29 (1). (3) A risk to the safety and reliability of the electricity supply system in the relevant regulatory zone shall be determined. before, if local failures of the transmission network or short-term network bottlenecks are or are to be obtained, the position of frequency, voltage or stability by the transmission system operators is not guaranteed to the necessary extent (4) In the event of an adjustment as referred to in paragraph 2, rest until the Elimination of the endangering or perturbation of all relevant obligations in each case. To the extent that measures are taken in the event of the existence of the conditions laid down in paragraph 2, liability for damage to property shall be excluded. In addition, Section 11 (2) remains unaffected. The provisions of sentences 2 and 3 shall apply in accordance with the decisions of the operator of transmission networks within the scope of Section 13a (2), § 13c (1) and § 16 (2a). (4a) The procurement of disconnection and delivery services via contractually agreed ex-and The operators of transmission networks shall, where this is economically and technically justifiable, be carried out in a non-discriminatory and transparent tendering procedure, in accordance with the provisions of paragraph 1, first sentence, point 2, in which the operators of transmission networks are subject to a non-discriminatory and transparent Requirements to be met by suppliers of disconnection or turn-off performance shall, where technically possible, be unified. The operators of transmission systems shall set up a common Internet platform for the call for tenders of off-or off-call power from the loads which can be switched off or on. The establishment of the platform referred to in the second sentence shall be notified to the regulatory authority. Transmission system operators shall be required to cooperate, while respecting their respective system responsibility, in order to reduce the cost of disconnection and power supply, taking into account the network conditions. In order to achieve efficient procurement and to achieve uniform requirements within the meaning of the first sentence, the Federal Government may, without the consent of the Federal Council with the consent of the Federal Council, lay down rules for a legal regulation in accordance with the provisions of the German to provide for the procurement of disconnection and switching power in the event of a repeated or a certain period of time. The consent of the Bundestag shall be deemed to have been granted to the Bundestag at the end of the sixth session week after the draft regulation of the Federal Government has been sent to the Bundestag. The legal regulation may, in particular, provide for regulations on technical requirements for disconnection or switching-off performance from loads that can be switched off or on, on requirements for pre-qualification, which entitles them to participate in a tendering procedure. on the method of offering the offer, the award of the award and for the retrieval of the disconnection or switching power. In addition, the legal regulation imposes on the providers of disconnection or switching services from off-or on-the-off charges reporting obligations with regard to the availability of the disconnection or turn-off performance vis-à-vis the operators of transmission networks , and provisions may be provided for retroactive omission of remuneration for disbursed or disconnectable charges in the event of a deliberate or grossly negligent breach of these reporting obligations. (4b) The Federal Government may provide the operators of Transmission networks by means of legal regulation with the consent of the Bundestag undertake to carry out calls for tenders under the first sentence of paragraph 4a for economically and technically reasonable tenders or for a specific period and for tenders received on the basis of invitations to tender for the purchase of ex-or The Federal Council does not require the approval of the German Federal Council for the benefit of a total of 3 500 megawatts or a total of 3 500 megawatts of power to be switched off or off. The consent of the Bundestag shall be deemed to have been granted to the Bundestag at the end of the sixth session week after the draft regulation of the Federal Government has been sent to the Bundestag. Offers for the purchase of the loads up to a period of one year for which a remuneration is payable, which does not exceed the cost of the supply interruptions, to which it does not apply without the use of the goods, shall be considered as economically reasonable. could come at a disconnectable cost. As technically appropriate, offers are to be made on the loads that can be switched off and on, by means of which switching-off and switching operations for a minimum power of 50 megawatts can be brought about within 15 minutes and which are suitable for safety and security, and To contribute to the reliability of the electricity supply system in the relevant regulatory area. The ordinance may also include the technical requirements for disconnection or switching power from the loads that can be switched off or on, the requirements for the contracts for the purchase of disconnection and switching power from the loads, rights and liabilities that can be switched off and off. Obligations of the Contracting Parties, the criteria for economic and technically meaningful offers within the meaning of sentences 3 and 4, regulations for the further development of reporting obligations of the Federal Network Agency vis-à-vis the Federal Ministry for Economic Affairs and energy on the application of the Regulation, as well as the design and level of Remuneration in more detail T. Payments and expenses incurred by the operators of transmission networks linked to the invitation to tender and the purchase of disconnection or access to the system from the loads which can be switched on or off, shall be paid by the operators of transmission networks by means of a financial statements on a monthly basis, a burden-sharing takes place according to § 9 of the Kraft-Heat-Coupling Act, with the proviso that the load limits in the second sentence of paragraph 7 and 3 for certain last-consumer groups are not Find application; approximation to the load balance and to its handling lays down the regulation as set out in the first sentence. In the legal regulation according to the first sentence, provision may also be made for the details of the determination and settlement of payments and for the collection of the levy in accordance with sentence 6 as laid down by the Federal Network Agency in accordance with Article 29 (1). (5) The reasons for the adjustments and measures implemented shall be immediately informed of the parties directly concerned and the regulatory authority. On request, the reasons to be presented are to be substantiated. The regulatory authority may, by specifying in accordance with Article 29 (1), determine the extent to which the network operators shall take the measures referred to in paragraphs 1 and 2, the reasons and the underlying contractual arrangements within a specified time limit and in a specific (6) Do not take the measures referred to in paragraph 2 after the identification of an operator of transmission networks in order to ensure that there is a supply disruption for vital needs in the sense of § 1 of the Energy Security Act must be used by the operator of transmission networks shall inform the regulatory authority without delay. (7) In order to avoid serious disruptions of supply, transmission system operators shall, every two years, draw up a vulnerability analysis and, on that basis, necessary to take the necessary measures. The personnel in the control points shall be correspondingly instruct. The transmission system operator shall report on the outcome of the vulnerability analysis and the necessary measures every two years as at 31 August of the regulatory authority. Unofficial table of contents

Section 13a Closure of production plants

(1) Operators of installations for the generation or storage of electrical energy with a nominal output of less than 10 megawatts shall be required, provisional and final decommissioning of their facility or of partial capacity of their installation to the system responsible for the production of electrical energy. Operators of the transmission network and the Federal Network Agency shall be notified as early as possible, but at least twelve months beforehand. Provisional and definitive decommissioning, without prior notification and before the end of the period referred to in the first sentence, shall be prohibited if a further operation is technically and legally possible. With the exception of revisions and technical malfunctions, provisional decommissioning measures shall be taken to ensure that the installation is no longer available, but may be re-operational in order to achieve a required adjustment of its To implement the feed in accordance with the first and second sentences of Article 13 (1a) or (1b). Final decommissioning measures are measures which definitively exclude the operation of the plant or cause an adjustment of the feed no longer to be requested in accordance with § 13 (1a) sentence 1 and 2 or paragraph 1b, as the plant no longer in appropriate time can be made operational. The system-responsible operator of the transmission system shall, upon receipt of the notification of a final decommissioning, immediately check whether the system is relevant to the system within the meaning of the second sentence of paragraph 2 and 9. (2) Final decommissioning of installations to the Production or storage of electrical energy with a nominal output of 50 megawatts or more shall be prohibited, even after the expiry of the period referred to in the notice referred to in the first sentence of paragraph 1, as long as and to the extent that

1.

the system-responsible operator of the transmission system has the system as relevant to the system,

2.

the expulsion by the Federal Network Agency has been approved and

3.

a further operation is technically and legally possible.

The operator of the transmission system shall immediately submit the application to the Federal Network Agency for the approval of the expulsion after examining the notification of a decommissioning. He shall immediately submit a copy of the application and justification to the plant operator. The Federal Network Agency has to approve the application if the system is system-relevant in the sense of the sentences 8 and 9. The authorisation may be granted under conditions and subject to conditions. If the Federal Network Agency has not decided on the application within three months of the complete dossier, the authorisation shall be deemed to have been granted, unless:

1.

the applicant has agreed to an extension of the period, or

2.

the Federal Network Agency may not make a decision on the grounds of incorrect information or on the basis of information which has not been given in due time, and it has notified the person concerned before the expiry of the period, indicating the reasons for the decision.

The provisions of the Administrative Procedures Act concerning the fiction of authorisation must be applied accordingly. An installation shall be relevant to the system if its permanent decommissioning is likely to result in a non-insignificant endangerment or disruption of the safety or reliability of the electricity supply system and the risk of such a risk being or disturbance cannot be remedied by other appropriate measures. The expulsion shall be limited to the scope of the installation and the period of time necessary to prevent any danger or disturbance, in each case at most for a period of 24 months. The operator of the transmission system shall inform the operator of the system of the expulsion on the grounds of the justification immediately after approval by the Federal Network Agency. (3) The operator of an installation whose final decommissioning is prohibited under paragraph 2 , the facility must be maintained at least in a state which allows a request for further maintenance or restoration of the operational readiness pursuant to § 13 (1a) and (1b), insofar as this is not technically and legally excluded. After the expiry of the period referred to in the first sentence of paragraph 1, he shall be entitled to an appropriate remuneration for the necessary conservation measures in accordance with the first sentence of the first sentence of the first sentence (maintenance outlays). The installation may be operated exclusively in accordance with the required system safety measures until the final decommissioning is complete. (4) The transmission system operators shall set up installations within the meaning of Article 13 (1a), second sentence, first alternative, paragraph 1b, § 13a (1) and (2) and section 13b (1) (2) also in order to hedge the electricity market by use on the day-to-day and underground spot market of a power exchange with the highest permissible bid price, as soon as a regulation in accordance with § 13b Paragraph 1 shall enter into force. Unofficial table of contents

§ 13b Regulation authorisations and determining competences

(1) The Federal Government shall be authorized by legal regulations which do not require the consent of the Federal Council,

1.

Provisions to be adopted

a)

for the concretization of the addressee's circle in accordance with Articles 13 (1a) and (1b) and (13a),

b)

in order to specify the criteria of a system-relevant plant in accordance with § 13a (2),

c)

on the criteria for preliminary and final decommissioning,

d)

the obligations of operators of installations for the production or storage of electrical energy within the meaning of Article 13 (1a) and (1b) and (13a),

e)

the criteria of an appropriate remuneration in accordance with Articles 13 (1a) and (1b) and (13) (3), and

f)

for the use of installations in the five-year period pursuant to Article 13 (1b), second sentence, and Article 13a (3) sentence 3;

2.

Provision should be made for a transparent process for the procurement of a network reserve of provisionally closed installations, of installations under threat of provisional or final decommissioning and, in justified exceptional cases, from new installations for the purpose of: ensuring the security and reliability of the electricity supply system. The Regulation may also provide for rules to safeguard the electricity market by using the network reserve on the day-to-day and underground spot market of a power exchange with the highest possible bid price. A justifiable exceptional case within the meaning of the first sentence shall be provided that the security and reliability of the electricity supply system is not solely due to the procurement of a network reserve of provisionally closed installations or of provisional or non-provisional systems, or the final decommissioning of threatened plants, or an acquisition of existing plants in comparison to the procurement of a new plant is not economical. The rules set out in the first sentence may also provide for regional core shares and tendering procedures with a view to the procurement of new installations. The rules referred to in point 2 shall be limited until 31 December 2017.

(2) Legal orders referred to in paragraph 1 may be assigned to the Bundesnetzagentur (Bundesnetzagentur) in connection with the determination of the necessary requirements for network reserves and possible prequalification conditions for the requirements of the first sentence of paragraph 1. (3) As long as the legislator referred to in paragraph 1 has not been subject to derogations, the regulatory authority shall be authorised, in accordance with Article 29 (1), to lay down the provisions referred to in paragraph 1 (1) of this Regulation. Points. In addition, the regulatory authority shall be authorised to make provisions pursuant to Article 29 (1)

1.

the technical and temporal requirements to be laid down in relation to the operators of production facilities concerned in accordance with Article 13 (1a) and (1b) and Article 13a (1) and (3);

2.

on the methodology and data format of the request by transmission system operators,

3.

on the form of expulsion in accordance with Section 13a (2) and the subsequent adaptation to recent findings and

4.

on the justification and verification.

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§ 13c System-relevant gas-fired power stations for the electricity supply system, determining competence

(1) Transmission system operators may designate an installation for the generation of electrical energy from gas with a nominal output of 50 megawatts or more, in whole or in part, as a system-relevant gas power plant, in so far as a restriction of gas supply is concerned. This Annex shall, with sufficient probability, lead to a non-insignificant risk or disturbance of the security or reliability of the electricity supply system. The expulsion shall be limited to the scope of the installation and the period of time necessary to prevent any danger or disturbance, in each case at most for a period of 24 months. The expulsion is subject to the approval of the Federal Network Agency. The operator of the transmission system shall submit the application for approval without delay after the expulsion at the Federal Network Agency and to justify it. He shall immediately submit a copy of the application and justification to the plant operator. The Federal Network Agency shall approve the application if the system is system-relevant within the meaning of sentences 1 and 2. The authorisation may be granted under conditions and subject to conditions. If the Federal Network Agency has not decided on a request for authorisation within three months of the existence of the complete dossier, the authorisation shall be deemed to have been granted, unless:

1.

the applicant has agreed to an extension of the period, or

2.

the Federal Network Agency may not make a decision on the grounds of incorrect information or on the basis of information which has not been given in due time, and has notified the person concerned before the expiry of the period, indicating the reasons for the decision.

The provisions of the Administrative Procedure Act concerning the approval fictitious shall apply accordingly. The transmission system operator shall immediately inform the operator of the installation, the operators of gas supply networks concerned and the operator of the system of a system-relevant gas power station after approval by the Federal Network Agency. The electricity supply network to which the installation is connected shall be notified and justified. Transmission system operators shall draw up a list of system-relevant power plants, to update this list, if necessary, and to submit it without delay to the Federal Network Agency; this obligation shall be for the first time at 31 December 2008. March 2013. (2) Insofar as the designation of an installation has been approved, operators of the production plants shall be obliged, insofar as technically and legally possible as well as economically reasonable, to secure the performance to the required extent by: Use of existing possibilities for a fuel change , They shall be entitled to reimbursement of any additional costs of the exchange of fuel with respect to the transmission system operator. To the extent that a fuel change is not possible, this is to be justified in relation to the Federal Network Agency and should be explained in the short term, with which other optimization or expansion measures the capacity requirements can be satisfied. (3) The Federal Network Agency shall be able to make more detailed provisions in accordance with Article 29 (1)

1.

for the concretization of the food,

2.

on the criteria of a system-relevant gas power plant,

3.

on the form of expulsion, for subsequent adaptation to recent findings,

4.

on the justification and the detection, and

5.

the appropriate reimbursement of additional costs, which may also take place in accordance with flat-rate measures.

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Section 14 Tasks of the operators of electricity distribution networks

§ § 12 and 13 shall apply to operators of electricity distribution networks within the framework of their distribution tasks, insofar as they are responsible for the safety and reliability of the electricity supply in their network. Section 13 (7) must be applied with the proviso that the operators of electricity distribution networks must, at the request of the regulatory authority, draw up the vulnerability analysis and report on the results. (1a) Operators of At the request of the regulatory authority, electricity distribution networks shall, within two months, draw up and submit to the regulatory authority a report on the status of the network and on the planning of the network. The report on the planning of the network also includes concrete measures to optimise, strengthen and develop the network and the planned start and end of the measures. At the request of the regulatory authority, it shall also submit a report within two months, in accordance with the first and second sentences, also on certain parts of the electricity distribution network. Operators of electricity distribution networks, including vertically integrated energy supply undertakings, to whose electricity distribution network less than 10 000 customers are directly or indirectly connected, shall be subject to the obligations of the Sentences 1 to 3 excluded. The regulatory authority may, by establishing the content of the report in accordance with Article 29 (1), lay down more detailed provisions. (1b) Operators of high-voltage grids with a nominal voltage of 110 kilovolts each year shall have the network status of their network and the network status of the network. To present the impact of the expected expansion of feed-in plants, in particular for the generation of electricity from renewable energy sources, on their network in a report and to submit them for consideration by the competent regulatory authority. The report shall be drawn up in accordance with the provisions which the regulatory authority may lay down in accordance with the procedure laid down in Article 29 (1) concerning content and format. If the regulatory authority comes to the conclusion that there is an essential need in the network to develop the network over the next ten years, the network operators shall have to draw up network development plans and the regulatory authority within a the period to be determined by the Commission. The requirements of § § 12a to 12d and § 12f apply accordingly. (1c) The operators of electricity distribution networks are obliged to take measures of the operator of transmission networks or measures of a person responsible pursuant to paragraph 1 sentence 1 the operators of electricity distribution networks in whose network they are directly or indirectly technically integrated, in accordance with the provisions of the latter and the requirements of a upstream operator of electricity distribution networks, by means of their own support measures to the extent that such measures are necessary in order to ensure that they are dangerous and to avoid disturbances in the electricity supply networks with the least possible intervention in the supply of electricity; in this connection, § § 12 and 13 shall apply. (2) In the planning of the distribution system expansion, operators of electricity distribution networks shall to take into account the possibilities of energy efficiency and demand management measures and decentralised production facilities. The Federal Government is empowered to lay down general principles for the consideration of the matters referred to in the first sentence in the case of planning by means of a legal regulation without the consent of the Federal Council. Unofficial table of contents

§ 14a Control of interruptible consumables in low voltage

Operators of electricity distribution networks shall have to calculate a reduced network charge to suppliers and final consumers in the low-voltage sector with which they have concluded network use contracts, if in return they have Control of fully interruptible consumable devices, which have a separate counting point, is permitted for the purpose of network discharge. Electric vehicles shall also be deemed to be an interruptible consumption device within the meaning of the first sentence. The control must be reasonable for the last consumer and supplier referred to in the first sentence and may be carried out directly by the network operator or indirectly by third parties at the level of the network operator; for more details, a regulation according to § 21i (German law) Point 9 of paragraph 1. Unofficial table of contents

§ 14b Control of contractual disconnection agreements, regulation empowerment

Where and as long as the avoidance of bottlenecks in the upstream network is used, operators of gas distribution networks may be able to supply points of exit from the latter with which a contractual disconnection agreement is agreed for the purpose of network discharge is to calculate a reduced network charge. The reduced network fee must reflect the probability of the shutdown appropriately. The operators of gas distribution networks shall ensure that the possibility of switching agreements between network operators and final consumers is offered to all final consumers in a non-discriminatory way. This is without prejudice to the basic duty of the operators of gas distribution networks to offer contracts which are not interruptible as a matter of priority and to ask for fixed order services for this purpose. The Federal Government is authorized, by means of a decree law which does not require the consent of the Federal Council, to specify the obligation for operators of gas distribution networks and to regulate further requirements for the contractual obligations of the Federal Government. Design of the disconnection agreement provisions to be taken

1.

on criteria for capacity constraints in networks which require the adaptation of gas supplies to secure and reliable gas supplies through the application of the disconnection agreement,

2.

on criteria for subsupply of the networks, which require the adaptation of gas supplies for safe and reliable gas supply through the application of the disconnection agreement; and

3.

for the measurement of the reduced net charge.

Unofficial table of contents

Section 15 Tasks of the transmission system operators

(1) Operators of transmission systems shall regulate gas transport through their network, taking into account the links with other networks, and with the provision and operation of their transmission networks in the national and international networks to contribute to a safe and reliable gas supply system in its network and thus to a secure energy supply. (2) To ensure that the transport and storage of natural gas in one with the safe and efficient operation the network can be agreed upon, operators of Transmission networks, storage or LNG facilities to any other operator of a gas supply network with which their own transmission networks or installations are technically connected to provide the necessary information. Transmission system operators shall, without delay, provide transmission system operators with the information, including any operational and business secrets, necessary to ensure that the transmission networks are secure and can be reliably operated, maintained and expanded. The operators of transmission systems shall ensure that, in accordance with the second sentence of the second sentence, operational and trade secrets are to be used exclusively for the purposes specified therein that their unauthorised disclosure is excluded. (3) Transmission system operators shall have the permanent capability of ensuring the capacity of their networks to meet the demand for transport services for gas and, in particular, by means of the appropriate transport capacity and reliability of the networks. contribute to security of supply. Unofficial table of contents

Section 15a Network development plan of the transmission system operators

(1) The operators of transmission systems shall draw up a joint national network development plan each year and submit it without delay to the regulatory authority, for the first time as of 1 April 2012. This must include all effective measures to optimise, strengthen and develop the network on demand, and to ensure security of supply, which will be available in the next ten years for a safe and secure supply of energy. reliable network operation is required. In particular, it is necessary to include in the network development plan which network expansion measures will have to be carried out over the next three years and a timetable for the implementation of all network expansion measures. In drawing up the network development plan, the transmission system operators shall base and take into account reasonable assumptions concerning the development of the extraction, supply, consumption of gas and its exchange with other countries. planned investment projects in the regional and Community-wide network infrastructure, as well as with regard to storage facilities and LNG regasification plants, as well as the effects of possible disruptions of supply (scenario framework). The network development plan shall take into account the Community-wide network development plan referred to in Article 8 (3b) of Regulation (EC) No 715/2009. Transmission system operators shall publish the scenario framework and provide the public and the downstream network operators with the opportunity to submit their comments, and shall submit the draft scenario framework of the regulatory authority. The regulatory authority shall confirm the scenario framework in the light of the results of the public participation. (2) Transmission system operators shall have the public and downstream network operators prior to the presentation of the draft of the Network development plan shall be given the opportunity to submit comments to the regulatory authority. To this end, the operators of transmission networks shall provide the necessary information on their website. In the development of the network development plan, operators of transmission networks use a suitable and generally comprehensible modelling of the German transmission networks. The network development plan shall be accompanied by a summary statement on the manner in which the results of the public participation in the network development plan have been taken into account, and on what grounds the network development plan shall be based on: Consideration was chosen with the appropriate other planning options under consideration. The current network development plan must include the state of implementation of the previous network development plan. If measures have been delayed, the reasons for the delay shall be indicated. (3) The regulatory authority shall, on the draft network development plan, consult all actual and potential network users and shall publish the result. Individuals and companies that claim the status of potential network users must set out this claim. The regulatory authority shall have the power to collect, process and use, from the transmission system operators, all data necessary for the purpose of checking whether the network development plan meets the requirements set out in the second and fifth sentences of paragraph 1 and in accordance with paragraph 1 of this Article. Paragraph 2. Where there are doubts as to whether the network development plan is in accordance with the Community-wide network development plan, the regulatory authority shall consult the Agency for the Cooperation of Energy Regulators. The regulatory authority may, within three months of the publication of the results of the consultation, require the operators of transmission networks to make changes to the network development plan, which shall be from the transmission system operators within three months. The regulatory authority may determine which transmission system operator is responsible for the implementation of a measure taken from the network development plan. If the regulatory authority does not require any changes within the period set out in the third and fourth sentences, the network development plan shall be binding on the transmission system operators. (4) Gas distribution system operators shall be obliged to use the operators of the transmission system to to cooperate with transmission networks to the extent necessary to ensure that the network development plans are properly drawn up and, in particular, they shall be obliged to provide the operators of transmission systems for the production of the transmission system; Network development plan information needed immediately available (5) The regulatory authority may, by laying down provisions in accordance with Article 29 (1) on the content and procedures of the network development plan and in the design of the consultation procedures to be carried out by the transmission system operators, further provisions (6) After the initial implementation of the procedure referred to in paragraphs 1 and 2, the public participation may be limited to changes in the scenario framework or the network development plan compared to the previous year. A complete procedure must be carried out at least every three years. Unofficial table of contents

Section 16 System responsibility of the transmission system operators

(1) Where the safety or reliability of the gas supply system in the relevant network is at risk or disturbed, transmission system operators shall be entitled and required to risk or disturb the risks or perturbability of the system.

1.

network-related measures; and

2.

market-related measures, such as the use of compensation, contractual arrangements for the disconnection and the use of storage,

(2) In the context of the cooperation provided for in § 15 (1), operators of transmission systems shall be entitled and obliged to eliminate any risk or disturbance caused by the measures referred to in paragraph 1 or not in good time, all of which shall be subject to the obligation to remove any risk or disturbance in time. Gas feeds, gas transport and gas supplies in their networks adapt or require adaptation to the requirements of safe and reliable operation of the networks. In the event of a necessary adjustment of gas feed and gas supplies, the operators concerned shall be informed in advance of other transmission and gas distribution networks and gas distributors as far as possible. (2a) For the measures referred to in paragraphs 1 and 2 shall take due account of the impact on the safety and reliability of the electricity supply system on the basis of the information to be provided by the operators of transmission systems in accordance with Article 15 (2). The gas cover of an installation designated as a system-relevant gas-fired power station in accordance with Article 13c (1) and (2) shall not be restricted by a measure referred to in paragraph 1, provided that the operator of the transmission system concerned is the other. Supply of gas to the system to the operator of the transmission system. The gas supply of such an installation may be restricted only after a measure referred to in paragraph 2, provided that the operator of the transmission system concerned is responsible for the further supply of gas to the installation in relation to the operator of the transmission system . A statement of subordinated limitation of the system-relevant gas-power plants in accordance with the third sentence shall be permitted only if the operator of the transmission system concerned has previously exhausted all available network and market-related measures in accordance with Article 13 (1) , and an assessment of the consequences of further adjustments to electricity supply and electricity consumption in the framework of measures pursuant to Article 13 (2), with the consequences of further adjustments to gas feeds and gas supplies in the framework of measures referred to in paragraph 2 make an appropriate statement appear appropriate. (3) In the case of a The adjustment referred to in paragraph 2 shall, until such time as the risk or disturbance has been eliminated, rest on any of these obligations. Insofar as measures are taken in the presence of the conditions laid down in paragraph 2 and paragraph 2a, liability for property damage shall be excluded. In addition, Section 11 (2) remains unaffected. (4) The reasons for the adjustments and measures implemented shall be immediately informed of the parties directly concerned and the regulatory authority. On request, the reasons given are to be substantiated. (5) In order to avoid serious disruptions of supply, operators of transmission networks have to develop a vulnerability analysis every year and, on this basis, have to take the necessary measures. meet. The operator of transmission networks of the regulatory authority shall report on the outcome of the vulnerability analysis and the measures taken. Unofficial table of contents

Section 16a Tasks of the operators of gas distribution networks

§ § 15 and 16 (1) to (4) shall apply to operators of gas distribution networks within the scope of their distribution tasks, insofar as they are responsible for the safety and reliability of the gas supply in their network. Section 16 (5) must be applied with the proviso that the operators of gas distribution networks must produce a vulnerability analysis only at the request of the regulatory authority and report on the result.

Section 2
Power connector

Unofficial table of contents

Section 17 Network connection, Regulation authorisation

(1) Electricity network operators shall have the final consumer, the same or downstream electricity and gas supply networks and lines, production and storage facilities and electrical energy storage facilities for technical and technical reasons; economic conditions to be connected to the network, which are appropriate, non-discriminatory, transparent and not less favourable than those provided by the operators of the energy supply networks in comparable cases for services within their Undertakings or associated or associated undertakings (2) Power supply network operators may refuse a network connection referred to in paragraph 1 to the extent that they demonstrate that they are granted access to the network from operational or other economic or technical Based on the objectives of § 1 it is not possible or is not reasonable. The rejection shall be justified in text form. At the request of the requesting party, in the event of a lack of capacity, the justification shall also contain meaningful information as to what specific measures and related costs are required for the development of the network. to carry out the network connection, and the justification may be required. For the justification provided for in the third sentence, a charge which may not exceed one half of the costs incurred may be required, provided that the costs have been drawn up previously. (2a) (omitted) (2b) (omitted) (3) Federal Government is empowered to act with the consent of the Federal Council

1.

to adopt rules on the technical and economic conditions for a network connection referred to in paragraph 1, or methods for the determination of those conditions, and

2.

, in which cases and under which conditions the regulatory authority may lay down these conditions or methods or, at the request of the network operator, authorise them.

In particular, legal regulations as set out in the first sentence, taking due account of the interests of the operators of energy supply networks and the suppliers, may be taken into account

1.

the provisions of the Treaties are fixed in a uniform manner;

2.

rules concerning the conclusion of the contract, the subject matter and the termination of the contracts; and

3.

, as well as the extent to which and under which conditions a network connection as referred to in paragraph 2 is reasonable, including the interest of the general public in the most cost-effective structure of energy supply networks shall be considered.

Unofficial table of contents

§ 17a Bundesfachplan Offshore des Bundesamtes für Seeschifffahrt und Hydrographie

(1) The Federal Maritime and Hydrographic Agency shall draw up an offshore network plan for the exclusive economic zone in agreement with the Federal Network Agency and in coordination with the Federal Agency for Nature Conservation and the Coastal Countries. of the Federal Republic of Germany (Bundesfachplan Offshore). The Bundesfachplan Offshore contains stipulations:

1.

Wind turbines at sea within the meaning of § 3 (9) of the Renewable Energy Sources Act, which are in spatial context and are suitable for collective connections,

2.

trunks or corridors for connection lines for wind turbines at sea,

3.

the places where the connecting lines cross the border between the exclusive economic zone and the territorial sea,

4.

Locations of converter platforms or substations,

5.

trash or route corridors for cross-border power lines,

6.

Routes or corridors to or for possible connections of the installations and routes referred to in points 1, 2, 4 and 5, or corridors or corridors between them,

7.

standardised technical specifications and planning principles.

The Bundesamt für Seeschifffahrt und Hydrographie (Bundesamt für Seeschifffahrt und Hydrographie) is examining whether public or private interests predominate in the establishment of the Bundesfachplan Offshore (Bundesfachplan Offshore). It shall in particular:

1.

the conformity with the requirements of spatial planning within the meaning of Section 3, paragraph 1, point 1 of the Spatial Planning Act of 22 December 2008 (BGBl. 2986), as last amended by Article 9 of the Law of 31 July 2009 (BGBl I). 2585),

2.

the coordination with other spatial planning and measures within the meaning of Section 3 (1) (6) of the Spatial Planning Act and

3.

any seriously considered alternatives of routes, route corridors or locations.

(2) Unless the requirements for an exception to the obligation to carry out a strategic environmental assessment pursuant to Section 14d of the Environmental Impact Assessment Act are available, the Federal Maritime Office and the Federal Office of the Interior shall be responsible for the implementation of the environmental impact assessment. Hydrography shall, immediately after the procedure referred to in paragraph 1 have been initiated, be held in a hearing date. The hearing date shall discuss the subject-matter and scope of the provisions referred to in the second sentence of paragraph 1. In particular, it is intended to discuss the extent and level of detail to be included in the environmental report according to § 14g of the Law on Environmental Impact Assessment. The hearing date is at the same time the meeting within the meaning of § 14f paragraph 4 sentence 2 of the law on environmental impact assessment. In accordance with Article 7 (2) of the Network Acceleration Act, the transmission network shall be valid for the hearing date, with the proviso that the relevant summons must be accompanied by appropriate preparatory documents and that they are loaded and sent to the public. Preparatory documents can also be made electronically. On the basis of the results of the hearing, the Bundesamt für Seeschifffahrt und Hydrographie (Bundesamt für Seeschifffahrt und Hydrographie) lays down an examination framework for the Bundesfachplan Offshore in accordance with its discretion. (3) Unless the conditions for an exception to the obligation to carry out a strategic environmental assessment according to § 14d of the Law on Environmental Impact Assessment (EIA) is available, the Federal Maritime and Hydrographic Agency shall prepare at an early stage during the procedure for the preparation of the Bundesfachplans Offshore an environmental report that meets the requirements of the § § 14g of the Law on Environmental Impact Assessment. The operators of transmission systems and of wind turbines at sea provide the Federal Maritime and Hydrographic Agency with the necessary information. (4) The Federal Maritime and Hydrographic Office participates in the Authorities whose remit is affected, and the public on the draft of the Bundesfachplan Offshore and the environmental report in accordance with the provisions of the Law on Environmental Impact Assessment. In the case of continuation of the Bundesfachplan Offshore, the participation of the public as well as the public authorities may limit itself to changes in the Federal Plan offshore from the previous year; a complete procedure according to sentence 1 must be shall be carried out at least every three years. In addition, Section 12c (3) shall apply accordingly. (5) The Bundesfachplan Offshore does not have any external effects and cannot be challenged by third parties independently. He is responsible for the planning and approval procedures in accordance with the provisions of the Maritime Act of 23 January 1977 (BGBl. 57), as last amended by Article 1 of the Regulation of 15 January 2012 (BGBl I). I p. 112) has been amended. (6) The Bundesnetzagentur (Bundesnetzagentur) can, after taking a lead in the Federal Network Plan according to § 17 of the German Network Development Act (Netzausbauaccelerungsgesetz), be subject to the obligation to bind the network according to § 17d paragraph 1 Request transmission system operators to submit, within a reasonable period of time to be determined, the required application for planning approval or planning approval of the management in accordance with the provisions of the Maritime Regulation. Unofficial table of contents

§ 17b Offshore network development plan

(1) The operators of transmission networks shall, on the basis of the scenario framework in accordance with Section 12a, submit a joint offshore network development plan for the exclusive regulatory authority to the regulatory authority on 3 March 2013, for the first time on 3 March 2013. The economic zone of the Federal Republic of Germany and the territorial sea, including the network connection points on land, together with the national network development plan according to § 12b for confirmation. The joint national offshore grid development plan must, taking into account the provisions of the respective current federal plan offshore within the meaning of § 17a with a chronological staggering, all effective measures to meet the needs of the Optimisation, reinforcement and expansion of the offshore connection lines, which will be carried out over the next ten years for a gradual, needs-based and economic expansion as well as a safe and reliable operation of the Offshore connection lines are required. (2) The offshore grid development plan contains for all the measures referred to in the second sentence of paragraph 1, details of the date of completion and provide for binding dates for the commencement of the implementation. In doing so, the transmission system operators shall base the generation capacity approved by the regulatory authority in the scenario framework in accordance with Section 12a and shall take into account the expected planning, authorisation and establishment times, as well as the expected production capacity of the Market available device capacities. Criteria for the chronological sequence of the implementation can in particular the progress of realization of the wind energy plants to be connected at sea, the efficient use of the connection capacity to be established, the proximity to the coast and the planned commissioning of the network connection points. When drawing up the offshore grid development plan, transmission system operators shall take into account, to a large extent, technical standardisation, while maintaining technical progress. The offshore grid development plan shall include information on the state of implementation of the previous offshore grid development plan and, in the event of delays, with the reasons for the delay. The design of the offshore grid development plan shall be consistent with the draft network development plan according to § 12b and shall have the Community-wide network development plan referred to in Article 8 (3b) of Regulation (EC) No 714/2009 (3) § 12b (3) to (5) shall apply accordingly. Unofficial table of contents

§ 17c Confirmation of the offshore grid development plan by the regulatory authority

In consultation with the Federal Maritime and Hydrographic Agency, the regulatory authority shall examine the conformity of the offshore network development plan with the requirements of § 17b. In addition, § § 12c and 12d are to be applied accordingly. Unofficial table of contents

§ 17d Implementation of the offshore grid development plan

(1) Operators of transmission networks in whose control zone the grid connection of wind turbines at sea is to take place (connection of mandatory transmission system operators) shall have the lines according to the requirements of the offshore network development plan to be built and operated. With the implementation of the grid connections of wind energy plants at sea, they have to begin with the requirements of the offshore grid development plan and to speed up the construction of the grid connections of wind energy plants at sea. A line in accordance with the first sentence shall be a part of the energy supply network as from the date of completion. (2) The committed transmission system operator, which establishes a connection line as referred to in paragraph 1, shall have the following information at the latest following the award of the contract. Date of the estimated completion date of the connection line to the operator of the wind energy plant at sea, to be published and published on its website. After publication of the estimated completion date referred to in the first sentence, the transmission system operator shall have a connection with the operator of the wind energy plant at sea, the connection capacity referred to in paragraphs 3 to 5 on the A connection line has been assigned to coordinate a plan of implementation, which contains the chronological sequence for the individual steps for the construction of the wind energy plant at sea and for the production of the network connection. The transmission system operator and the operator of the wind energy plant at sea shall be informed on a regular basis of the progress made in the construction of the wind turbine at sea and the production of the network connection; possible delays or deviations from the implementation timetable referred to in the second sentence shall be reported immediately. The known anticipated completion date may be amended only with the consent of the regulatory authority; the regulatory authority shall take the decision at its discretion and in the light of the interests of the competent authorities. 30 months prior to the expected completion date, the announced completion date will become binding. (3) The allocation of connection capacities to connecting lines will be carried out by the Regulatory authority in consultation with the Federal Maritime Office and hydrography in an objective, transparent and non-discriminatory procedure. The maximum available connection capacity, taking into account all existing unconditional network connection commitments, is 6.5 gigawatts by 31 December 2020. With effect from 1 January 2021, the quantity of connection capacity, which can be attributed in accordance with the second sentence, will be increased by 800 megawatts per year. The regulatory authority may provide the allocation of connection capacity with secondary provisions in accordance with Section 36 of the Administrative Procedure Act. The regulatory authority shall publish monthly the connection capacity available on the Internet in accordance with the rates 2 and 3. (4) There shall be no sufficient capacity available for capacity allocations in accordance with the second and third sentences of paragraph 3, or the demand of the wind energy plants at sea, identified in the Bundesfachplan Offshore pursuant to Article 17a (1), second sentence, point 1, exceeds the capacity still available on a contracted connection line, the capacity allocation shall be carried out in accordance with (3), first sentence, by means of an auctioning procedure or another in accordance with paragraph 8 Paragraph 1, point 3, of the allocation procedure. To the extent that capacity allocation takes place by means of an auctioning procedure, it shall be preceded by a procedure in which the authorisation to auctioning is to be made in writing or electronically. The regulatory authority shall make a written decision on admission to the auctioning procedure. The application for authorisation shall be rejected if the applicant does not comply with the conditions for participation in the auctioning procedure. Operators of wind turbines at sea, which are awarded a contract in the auctioning procedure, shall pay the amount of money corresponding to their bid to the transmission system operator responsible for the connection, who shall pay the payment in accordance with Article 3 (3) (6) (5) The regulatory authority may, in consultation with the Federal Maritime and Hydrographic Agency, the operator of a wind energy plant at sea, which shall have an unconditional commitment to the network or an operator of the the first sentence of paragraph 3 has the capacity assigned to it by the Capacity displacement shall withdraw the assigned capacity and assign it capacity at a different connection line to the extent that this is used for the orderly and efficient use and utilization of offshore connection lines and to the extent that the The regulatory authority may, for this purpose, take out free connection capacity on connection lines from the allocation referred to in the first sentence of paragraph 3. Before the decision is taken, the operator concerned of a wind energy plant at sea and the relevant transmission system operator concerned shall be heard. (6) An operator of a wind energy plant at sea, which shall have the necessary authorisation in the sense of § 1 (10a) of the Law on the Law of the Sea or an appropriate authorisation by the competent authority in accordance with national law shall, within the limits of the capacity allocated by the regulatory authority in accordance with paragraphs 3 to 5, have on the Connection line to the network connection from the mandatory Completion date referred to in the fifth sentence of paragraph 2; if the regulatory authority has limited the capacity allocation at a time after the mandatory completion date, the operator of a wind energy plant at sea shall not be subject to the date of completion of the final date of completion of the final date of completion of the final date of completion of the Claim to network connection. A claim by the operator of a wind energy plant at sea for expansion of the network capacity according to § 12 of the Renewable Energy Act is excluded; for unallocated capacity, § § 14 and 15 of the Renewable Energy Act are not , In order to achieve an orderly and efficient use and utilization of offshore connection lines and to achieve an installed capacity of all wind energy plants at sea of 6 500 megawatts in 2020, the regulatory authority shall in coordination with the The Federal Maritime and Hydrographic Agency shall withdraw the connection capacity allocated to a wind energy plant at sea if the operator of the wind energy plant at sea

1.

, not later than 24 months before the mandatory date of manufacture referred to in the fifth sentence of paragraph 2, the regulatory authority shall provide evidence of existing financing for the construction of the wind turbine at sea,

2.

has not started at the latest 12 months before the mandatory date of manufacture referred to in paragraph 2, sentence 5, with the construction of the wind energy plant at sea, or

3.

the technical operational readiness of the wind energy plant at sea is not produced within 18 months of the mandatory date of manufacture referred to in the fifth sentence of paragraph 2.

Binding contracts for the purchase of wind energy plants, the foundations, the substation provided for the wind energy plant at sea and the internal wiring of the park are to be submitted for proof of existing financing. In the case of operators of wind turbines at sea with an unconditional commitment to the network connection, the third sentence must be applied with the proviso that the mandatory completion date referred to in the second sentence of paragraph 2 of the completion date shall be taken from the unconditional date of completion of the final date of manufacture. (7) The operators of transmission networks are obliged to compensate for the different levels of their costs in accordance with paragraph 1 and § § 17a and 17b on a financial settlement; § 9 (3) of the Force-Heat-Coupling Act shall be applied accordingly. Transmission system operators shall be obliged to compensate for the costs incurred by operators of wind energy installations at sea for the planning and approval of the power supply lines until 17 December 2006, to the extent that: (8) The regulatory authority may adopt more detailed provisions in accordance with Article 29 (1) of the Regulation.

1.

on the content and procedures for the preparation of the offshore grid development plan in accordance with § 17b; this includes the establishment of further criteria for determining the chronological sequence of the implementation,

2.

on the implementation of the offshore grid development plan, on the necessary steps to be taken by the operators of transmission systems to fulfil their obligations under paragraph 1, and their temporal sequence, including provisions on the tendering and issuing connections, agreeing on the implementation plans referred to in the second sentence of paragraph 2, informing the operators of the wind turbines to be used at sea and on a timetable for implementation; and

3.

on the procedure for the allocation, auctioning, relocation and withdrawal of connection capacities; this includes provisions on the nature and design of the allocation procedure referred to in paragraph 3, at the time of the implementation of an allocation procedure, to the minimum requirements for admission to an allocation procedure and for the allocation of connectivity capacity, as well as on possible security benefits or guarantees.

The provisions set out in point 3 of the first sentence shall be made in agreement with the Federal Maritime and Hydrographic Agency. (9) Article 65 (2a) shall apply mutaly if the transmission system operator responsible for the connection is a line which shall be subject to the following conditions: The offshore network development plan referred to in paragraph 1 shall not be established in accordance with the requirements of the offshore network development plan. Unofficial table of contents

§ 17e Compensation in case of disruptions or delays in connection of offshore installations

(1) If the feed from a plant-ready wind energy plant at sea is not possible for more than ten consecutive days due to a disturbance of the network connection, the operator of the wind energy plant at sea may be from the operator according to § 17d (1) (1) committed transmission system operators from the eleventh day of the disruption, irrespective of whether the committed transmission system operator is responsible for representing the disturbance, for the resulting property damage, a compensation equal to 90% percent of the law in accordance with § 19 of the Renewable Energies Act in conjunction with § 50 of the Renewable energy law in the case of feed-in, demand the following remuneration. For the purposes of determining the amount of the compensation referred to in the first sentence, the average feed-in of a comparable facility in the corresponding facility shall be for each day of the disturbance for which the operator of the wind energy plant at sea is paid a compensation. The period of disturbance shall be based on: To the extent that there are disturbances in the network connection for more than 18 days in the calendar year, the claim shall, by way of derogation from the first sentence, be directly from the 19. Day in the calendar year at which the feed-in is not possible due to the disruption of the network connection. In so far as the committed transmission system operator has deliberately brought about a disruption of the network connection, the operator of the wind energy installation at sea may, by way of derogation from the first sentence, be subject to the obligation to provide the transmission system operator with a connection As of the first day of the disturbance, the full remuneration, in accordance with § 16 of the Renewable Energy Act in connection with § 31 of the Renewable Energy Act in the case of feed-in, shall require the payment. In addition, the use of the tied-up transmission system operator for property damage is excluded due to a disrupted network connection. The claim in the first sentence shall not apply insofar as the operator of the wind energy plant at sea has to represent the disturbance. (2) If the feed from an operational wind energy plant at sea is not possible, because the network connection does not go to the The operator of the wind energy plant at sea may, from the time of the production of the operational readiness of the wind energy plant at sea, but at the earliest from the eleventh hour, may be completed. Day after the mandatory completion date, compensation in accordance with paragraph 1 Sentence 1 and 2 require. In so far as the committed transmission system operator has deliberately brought about the non-timely completion of the network connection, the operator of the wind energy plant at sea can be subject to the obligation to provide the connection By way of derogation from the first day after the mandatory completion date, transmission system operators shall, in accordance with § 19 of the Renewable Energies Act, in connection with § 50 of the Renewable Energy Sources Act in the case of feed-in, complete the complete, pursuant to § 19 of the Renewable Energy Act shall require the following remuneration. In addition, the use of the tied-up transmission system operator for property damage is excluded on the basis of a network connection which has not been completed in good time. The right to compensation pursuant to this paragraph shall also be deemed to be a readiness of the wind energy plant at sea within the meaning of the first sentence, if the foundation of the wind energy plant at sea and the foundation for the wind energy plant at sea The system is designed to convert the electricity generated by a wind turbine at sea to a higher level of voltage and to the production of the actual operational readiness for damage reduction. The operator of the wind energy plant at sea shall return all payments in accordance with the first sentence plus interest, in so far as the wind energy installation at sea does not fall within a reasonable period to be determined by the regulatory authority, Completion of the network connection has actually produced the technical operational readiness; § § 286, 288 and 289 sentence 1 of the German Civil Code are applicable accordingly. The final date for the completion of the final date of completion of the final date of completion shall be equal to the date of completion of the final date of completion of the final date of completion of the network connection if the unconditional agreement is to be agreed by the operator of the wind energy plant at sea by 29 August In 2012, the operator of the wind energy plant at sea was first granted a conditional network connection and, by September 1, 2012, he has proven the criteria for an unconditional commitment to the network. Where, in accordance with Article 17d (6), first sentence, the operator of a wind turbine at sea has a right to a network connection only from a date after the binding date of completion, this paragraph shall be applied with the proviso that the date shall be: (3) If the feed from a ready-to-use wind energy plant at sea is to be fed to more than ten days in the calendar year due to maintenance work due to operation network connection is not possible, the operator of the wind power plant may From the eleventh day in the calendar year on which the network connection is not available due to the maintenance work due to the operation, compensation in accordance with the first sentence of paragraph 1. (4) The compensation payments referred to in paragraphs 1 Up to 3 including the costs of interim financing shall not be taken into account in determining the costs of the operation of the network for the purpose of determining the network charges. (5) Property damage caused by a failure to complete or disrupted the costs of the network Network connection within the meaning of paragraph 1 or of paragraph 2 is § 32 (3) and (4) (6) The operator of the wind energy plant at sea shall have the obligation to link the transmission system operator with the day on which the obligation to compensate for the bound transmission system operator referred to in paragraph 1 or paragraph 2 shall, in principle, indicate whether he or she is seeking the compensation referred to in paragraphs 1 to 2 or whether, in accordance with Article 31 (4) of the Regulation, account shall be taken of the delayed or disturbed supply of the feed referred to in paragraph 1 or in paragraph 2 of this Article Renewable energy legislation is to be made.

Footnote

§ 17e para. 2 sentence 2 italic print: IdF d. Art. 6 No.5 (b) DBuchst. aa G v. 21.7.2014 I 1066 mWv 1.8.2014 (referred to as paragraph 2 sentence 1) Unofficial table of contents

§ 17f Load balancing

(1) The operators of transmission networks shall be obliged to pay the different amounts of their costs for compensation payments in accordance with § 17e, including the costs of interim financing and less on the occasion of the damage event according to § 17e received contractual penalties, insurance services or other services of third parties, in accordance with the quantities of electricity supplied by them or other network operators in the area of their transmission network to the last consumer via a financial Offset against each other. The costs referred to in the first sentence may be applied as a charge to the network charges in proportion to the final consumer. § 9 of the Force-Heat-Coupling Act shall be applied accordingly, unless otherwise provided for in paragraphs 2 to 6 or in a legal regulation pursuant to § 17j. (2) Insofar as the transmission system operator responsible for the connection is responsible for the disturbance of the Network connection within the meaning of Section 17e (1) or the non-timely completion of the connection management pursuant to Section 17e (2) has caused intentionally, the tied-up transmission system operator shall not be entitled to To compensate for the burden referred to in the first sentence of paragraph 1. Insofar as the committed transmission system operator has caused the disruption of the network connection within the meaning of Section 17e (1) or the non-timely completion of the connection line within the meaning of Section 17e (2), this shall be carried out by the transmission system operator. the cost to be equalized in accordance with the first sentence of paragraph 1, which is not subject to the burden-sharing provided for in the first sentence of paragraph 1, and which is not to be taken into account in the determination of network charges,

1.

in the amount of 20 per cent for the part of the costs to be equated in accordance with the first sentence of paragraph 1, up to a level of EUR 200 million in the calendar year,

2.

in addition, 15 per cent for the part of the costs to be equated in accordance with the first sentence of paragraph 1, which exceed EUR 200 million, up to an amount of EUR 400 million in the calendar year,

3.

in addition, 10 per cent for the part of the costs to be equated in accordance with the first sentence of paragraph 1, which exceed EUR 400 million, up to EUR 600 million in the calendar year,

4.

in addition, 5 per cent for the part of the costs to be equated in accordance with the first sentence of paragraph 1, which exceed EUR 600 million, up to an amount of EUR 1 000 million in the calendar year.

In the event of a negligent, but not grossly negligent, damage, the equity of the committed transmission system operator shall be limited to 17.5 million euros per damage event, in accordance with the second sentence. To the extent that the operator of a wind turbine at sea suffers damage due to the non-timely production or disruption of the network connection, it is suspected that at least gross negligence on the part of the attachment (3) The transmission system operator shall take all possible and reasonable measures to prevent the occurrence of damage, to immediately remove the damage that has occurred and to prevent any damage occurring. to avert further damage or to reduce it. In the event of the occurrence of damage, the transmission system operator shall immediately submit a concept to the Federal Network Agency with the proposed damage reduction measures in accordance with the first sentence of the first sentence, and this shall be the case until the complete elimination of the to regularly update the damage that has occurred. The Federal Network Agency may require changes to the damage reduction concept in accordance with sentence 2 until the damage has been completely eliminated. The committed transmission system operator may only require a compensation under the first sentence of paragraph 1 to the extent that it proves that he has taken all possible and reasonable harm reduction measures in accordance with sentence 1. The committed transmission system operator has the claim to document the damage reduction concept submitted to the Federal Network Agency in accordance with the second sentence and the damage reduction measures taken, and on the basis of the claims. (4) The financial offsetting referred to in the first sentence of paragraph 1 shall be based on the expected costs for the following calendar year and the balance of the revenue and expenditure of the previous calendar year. (5) The network operator shall be the costs of the compensation payments made, provided that such payments are In the case of compensation payments from 1 January 2013, compensation payments shall be made to the final consumers as a charge on the charges for compensation. In the case of electricity from the general supply network at a point of acceptance up to 1 000 000 kilowatt hours per year, the net charge for the final consumer by the change-over shall not exceed 0.25 cent per kilowatt-hour, for more than Increase the amount of electricity by a maximum of 0.05 cents per kilowatt hour. Where the final consumer is the producer of the manufacturing industry whose electricity costs in the previous calendar year exceeded 4% of the turnover, the net charge may be due to the transfer of more than 1 000 000 kilowatt hours of deliveries by a maximum of half the amount of the amount as set out in the second sentence. For the year 2013, the impact on net charges for the final consumer, which is necessary for the rolling of the burden-sharing scheme, shall be set at the maximum permitted levels as set out in sentences 2 and 3. (6) For compensation payments in accordance with § 17e, which are due to if the maximum permitted level referred to in paragraph 5 is exceeded in the calculation of the surcharge on the network charges in a calendar year, no financial statement shall be made between the operators of the Transmission networks as referred to in the first sentence of paragraph 1 instead of the obligation to bind the data concerned Transmission system operators may claim these costs, including the costs of interim financing, in the event of a burden-sharing in the following calendar years. (7) The transmission system operators shall be obliged to pay the costs for the Compensation for charges on network charges as well as the data relevant for the calculation at the latest by the 15. October of one year for the following year on the Internet. Unofficial table of contents

§ 17g Liability for property damage to wind energy plants at sea

The liability of the committed transmission system operator against operators of wind turbines at sea for non-intentionally caused damage to property is limited to 100 million euros per damage event. If the sum of the individual damage in the event of a damage event exceeds the maximum limit as set out in the first sentence, the compensation shall be reduced in the ratio in which the sum of all claims for damages is the maximum limit. Unofficial table of contents

§ 17h Completion of insurance

Fixed-line transmission system operators are to cover insurance cover for property and property damage caused by the operator of offshore installations on the basis of a non-timely or disturbed connection of the offshore installation The transmission network of the transmission system operator shall be concluded. The conclusion of the insurance referred to in the first sentence shall be established by the regulatory authority. Unofficial table of contents

§ 17i Evaluation

The Federal Ministry of Economic Affairs and Energy, in agreement with the Federal Ministry of Justice and Consumer Protection, will review the practical application and the appropriateness of § § 17e to 17h by 31 December 2015. The evaluation shall include, in particular, the compensation paid to operators of wind turbines at sea, the equity of the committed transmission system operators in compensation payments, the measures and incentives to be paid to the Reduction of any damage and cost control, the burden-sharing procedure, the amount of the surcharge on the network charges for the final consumer for electricity supplies from the network of general care and the conclusion of insurance. Unofficial table of contents

Section 17j Regulation authorisation

The Federal Ministry for Economic Affairs and Energy is authorized, in agreement with the Federal Ministry of Justice and Consumer Protection, to develop the method of the Federal Council of Ministers for the Load balancing according to § 17e as well as the rolling of the costs of the load compensation to the final consumer and their implementation as well as the liability of the transmission system operator and requirements for insurance according to § § 17h. Regulation in accordance with the first sentence may, in particular, be subject to rules

1.

for the determination of the level of the compensatory amounts, including rules

a)

criteria for a forecast of the costs to be expected for the following calendar year;

b)

to compensate for the balance of actual and forecast costs,

c)

for the management of the compensatory amounts by the transmission system operators, and

d)

the transmission of the necessary data;

2.

for the creation and management of a liquidity reserve by the transmission system operators;

3.

for the rolling of the costs of the transmission system operators to the final consumer, subject to the burden-sharing according to § 17f, this includes rules on the maximum limits of the charges for the equalisation of the charges on the network charges of the transmission system operators. the final consumer;

4.

the distribution of the cost burden between network operators, including in particular interim financing arrangements and the distribution of the costs incurred in the current calendar year as a result of an overrun of the forecast or a may not be taken into account;

5.

More stringent requirements for mitigation measures, including rules on the reasonableness of such measures and the costs resulting from them;

6.

to publication obligations of the committed transmission system operators with regard to the damage suffered pursuant to § 17e (1) and (2), the damage reduction measures carried out and the subject of the burden-sharing compensation payments;

7.

Requirements for insurance in accordance with § 17h with regard to the minimum insurance sum and the extent of the necessary insurance protection.

Unofficial table of contents

§ 18 General obligation to attach

By way of derogation from § 17, operators of energy supply networks for municipal areas in which they operate energy supply networks of the general supply of final consumers, shall have general conditions for the network connection of the latter. to be published in low-voltage or low-pressure and for the use of the connection by the final consumer, as well as to connect any person to its energy supply network and to the use of the connection for the extraction of energy. . These obligations do not exist if the connection or the connection use for the operator of the energy supply network is not reasonable for economic reasons. (2) Anyone who uses an installation for the production of electricity to meet their own requirements in connection with an installation for the storage of electrical energy, or may be connected by a third party to the energy supply network, cannot rely on the general liability referred to in the first sentence of the first paragraph of paragraph 1. However, it may require a network connection under the conditions of § 17. The first sentence shall not apply to the coverage of the own needs of the final consumers from power-heat-coupling plants up to 150 kilowatts of electrical power and from renewable energy sources. (3) The Federal Government may, by means of a regulation with the consent of the The Federal Council shall determine the general conditions for the network connection and its use in the case of the final consumers connected to the low-voltage or low-pressure network, taking into account the interests of the operators of energy supply networks and of the users

1.

the provisions relating to the production and maintenance of the network connection and the conditions for the use of the connection shall be laid down in a uniform manner,

2.

Regulations concerning the conclusion of the contract and the establishment of the legal relationship of the connection use, the transition of the network connection contract in the event of the transfer of the ownership of the connected customer system, the subject matter and the termination of the Contracts or the legal relationships between the use of the connection and

3.

define the rights and obligations of the parties in a uniform manner.

The interest of the contractor in cost-effective solutions must be taken into account in particular. Sentences 1 and 2 shall apply in accordance with conditions laid down in the public sector, with the exception of the regulation of the administrative procedure. Unofficial table of contents

Section 19 Technical regulations

(1) operators of electricity supply networks shall be obliged, taking into account the conditions laid down in accordance with Article 17, for the power supply of generating installations, installations for the storage of electrical power distribution networks, Installations directly connected to customers, interconnectors and direct lines to establish minimum technical specifications for their design and operation and to publish them on the Internet. (2) Gas supply network operators are obliged to: , taking into account the conditions laid down in Article 17, To establish the network connection of LNG facilities, decentralised generation plants and storage facilities, other transmission or gas distribution networks and direct lines, minimum technical requirements for design and operation, and on the Internet (3) The minimum technical requirements referred to in paragraphs 1 and 2 shall ensure the interoperability of the networks and shall be objectively justified and non-discriminatory. Interoperability shall include, in particular, the technical connection conditions and the conditions for network-compatible gas conditions, including gas from biomass or other types of gas, insofar as they are technically and without prejudice to the Safety can be fed into the gas supply network or transported through this network. In order to ensure technical security, § 49 (2) to (4) shall apply. The minimum requirements shall be communicated to the regulatory authority. In accordance with Article 8 of Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of standards, the Federal Ministry for Economic Affairs and Energy shall inform the European Commission. technical rules and the rules on information society services (OJ L 327, 30.4.2004, EC No 37), as amended by Directive 98 /48/EC (OJ L 201, 31.7.1998, p. EC No 18). (4) Operators of energy supply networks to whose energy supply network more than 100 000 customers are directly or indirectly connected, or whose network extends beyond the territory of a country, shall have the technical To consult with the network users ' associations in good time and to present them after the conclusion of the consultation of the regulatory authority. The regulatory authority may require amendments to the submitted draft of technical minimum requirements to the extent necessary to fulfil the purpose referred to in the first sentence of paragraph 3. The regulatory authority may lay down detailed rules and procedures for the establishment of minimum technical requirements, in particular on the expiry of time, in accordance with the procedure laid down in Article 29 (1). Unofficial table of contents

§ 19a Conversion of gas quality

Where the operator of a gas supply network establishes the quality of the gas to be maintained in its network on the basis of a conversion process required by the market-based network operator or market area manager and required for the supply of the network Permanently from L-gas to H-gas, it has the necessary technical adaptations of the mains connections, customer facilities and consumables at own cost. These costs shall be converted to all gas supply networks within the market area in which the gas supply network is located.

Section 3
Network access

Unofficial table of contents

Section 20 Access to the energy supply networks

(1) Operators of energy supply networks shall grant access to the network according to factually justified criteria without discrimination, as well as the conditions, including as far as possible national standard contracts, concession charges and immediately after they have been identified, but no later than 15. for the following year, to publish the charges for this network access on the Internet. Are the charges for network access up to 15. The operators of energy supply networks shall publish the level of the charges which are likely to arise on the basis of the revenue limit applicable for the following year, and shall not be determined by the end of October of a year. They shall cooperate to the extent necessary to ensure efficient access to the network. They shall also provide the network users with the information necessary for efficient network access. The system of access to the network shall be subject to mass business. (1a) For the purpose of defining the right of access to electricity supply networks referred to in paragraph 1, the final consumer of electricity or supplier shall have contracts with those to conclude energy supply companies from whose networks the collection and distribution of electricity is to be carried out (network use contract). If the network use contracts are concluded by suppliers, they do not need to be related to certain withdrawal points (supplier framework contract). A network use contract or a supplier framework contract shall provide access to the entire electricity supply network. All operators of electricity supply networks shall be obliged to cooperate to the extent necessary to ensure that the operators of electricity supply networks which conclude the network-use or supplier framework contract , access to the entire electricity supply network can be guaranteed. Access to the network by the final consumers and suppliers requires that a balance sheet be included in a contractual system of accounts in accordance with a legal regulation on access to electricity supply networks (1b) In order to develop access to the gas supply networks, operators of gas supply networks must offer feed-in and feed-in capacities that do not require access to the network of a transaction-dependent transport path and independent are usable and tradable. In order to handle access to the gas supply networks, a contract with the network operator, in whose network gas is to be supplied, is required by means of feed-in capacities (feed-in). In addition, a contract with the network operator, from whose network the removal of gas is to be carried out, must be concluded by way of spout capacities (expo-discharge application). If a supplier completes the delivery contract with an operator of a distribution system, he does not need to refer to certain removal points. All operators of gas supply networks shall be obliged to cooperate with one another to the extent necessary to ensure that the transport customer is also able to carry out a transport through a number of network coupling points. , unless this cooperation is technically impossible or cannot be reasonably expected to be economically feasible, it must complete a feed-in and a feed-out procedure. They shall be required, for the purposes set out in the fifth sentence, to cooperate closely in the calculation and supply of capacity, the provision of system services and the provision of costs or pay. They have to develop common contract standards for network access and, taking into account technical limitations and economic reasonableness, to exploit all cooperation possibilities with other network operators, with the aim of: keep the number of networks or sub-networks and balance-sheet zones as low as possible. Operators of networks connected via network coupling points shall cooperate in the calculation and designation of technical capacities with the aim of maximized capacity in the interconnected capacity of the interconnected system to be able to identify networks. In the event of a change of supplier, the new supplier may require the previous supplier to transfer the input and output capacities required for the supply of the customer, booked by the previous supplier, if the supply of the supply to the customer has been made. the customer is otherwise not possible in accordance with the delivery obligation received by him, and he shall justify this to the previous supplier. Transmission system operators shall be obliged to design the rights of booked capacity in such a way as to entitle the transport customer to gas at each feed point for the discharge at each point of exit of their network or, in the case of: permanent bottlenecks, of a subnetwork (entry-exit system). Operators of a local distribution network shall have access to the network in accordance with a regulation pursuant to § 24 on access to gas supply networks by taking over the gas at the points of supply of their networks for all the connected exit points. (1c) Contracts under paragraphs 1a and 1b shall not impede or impede the right of Article 21b (2). (1d) The operator of the energy supply network to which a customer facility or customer facility for the company's own self-sufficienc is connected, has the required counting points. Where the final consumer is supplied by third parties, the counting values shall be charged via submeters if necessary. (2) Energy supply operators may refuse access in accordance with paragraph 1 to the extent that they demonstrate that: it is not possible for them to grant access to the network for operational or other reasons, taking into account the objectives of § 1, or is not reasonable. The rejection shall be given in text form and shall be notified immediately to the regulatory authority. At the request of the requesting party, in the event of a lack of capacity, the justification shall also contain meaningful information as to what measures and related costs would be required to develop the network in order to provide access to the network , the justification may be required. For the justification provided for in the third sentence, a charge which may not exceed half of the costs incurred may be required, provided that the occurrence of costs has been referred to above. Unofficial table of contents

§ 20a Supplier Change

(1) In the event of a change of supplier, the new supplier shall immediately confirm to the final consumer, in text form, whether and to what date he can accept a delivery which is desired by the last consumer. (2) The procedure for the change of the supplier's Suppliers shall not exceed three weeks from the date of access by the new supplier of the application for use of the network to the network operator to whose network the tapping point is connected. The network operator shall be obliged to document the date of access. A longer period of procedure deviating from the first sentence is only permissible if the application for the use of the network refers to a delivery date which is further in the future. (3) The change of supplier shall not be allowed for the last consumer with no (4) In the event of a change of supplier not within the time limit laid down in paragraph 2, the final consumer may obtain compensation from the supplier or the network operator who has to represent the delay in the event of a delay in the event of a delay in the supply of goods. § § 249 et seq. of the Civil Code. The supplier or the network operator shall bear the burden of proof that he shall not be responsible for the delay. Unofficial table of contents

Section 21 Conditions and charges for access to the network

(1) The conditions and charges for access to the network shall be proportionate, non-discriminatory, transparent and shall not be less favourable than those provided by the operators of the energy supply networks in comparable cases for services within their (2) The charges shall be applied on the basis of the cost of an operational management, which shall be based on the costs of an efficient and have to comply with structurally comparable network operators, To take account of incentives for efficient service provision and an appropriate, competitive and risk-adjusted return on the capital used, unless a derogation from the law of the law of the cost-oriented degelation is determined. In so far as charges are made in a cost-oriented manner, costs and cost components that would not be set in competition to their extent may not be taken into account. (3) In order to ensure that the charges for access to the network are according to the costs of a management system referred to in paragraph 2, the regulatory authority may periodically compare the charges for network access, the revenue or the costs of the operators of energy supply networks (settlement procedure). To the extent that a cost-oriented payment is made and the charges are approved, only a comparison of the costs takes place. (4) The results of the comparison procedure must be taken into account in the cost-oriented fee-based education provided for in paragraph 2. Where a comparison shows that the charges, revenues or costs of individual operators of energy supply networks for the network as a whole or for individual network or change-over levels are the average charges, revenue or costs of comparable operators of energy supply networks shall be presumed not to correspond to an operational management referred to in paragraph 2. Unofficial table of contents

Section 21a regulatory requirements for incentives for efficient service delivery

(1) Where a cost-oriented payment is made within the meaning of the first sentence of Article 21 (2), the network access charges of the operators of energy supply networks may be different from the provisions of a legal regulation referred to in the first sentence of paragraph 6 of the first sentence of paragraph 6. In accordance with § 21 (2) to (4), it is also determined by means of a method which provides incentives for efficient service provision (incentive regulation). (2) The incentive regulation includes the setting of upper limits, which are usually for the amount of the network access charges or the total revenue from network access charges shall be established for a Regulatory period, taking into account efficiency requirements. The ceilings and efficiency requirements are related to individual network operators or to groups of network operators, as well as to either the entire electricity or gas supply network, to parts of the network or to the various network and circumscutting levels. Upper limits should be provided for at least the beginning and end of the regulatory period. Requirements for groups of network operators require the network operators to be objectively structurally comparable. (3) The regulatory period shall not be less than two years and shall not exceed five years. The requirements can provide for a chronological staggering of the development of the upper limits within a regulatory period. The stipulations remain unchanged for a regulatory period, unless changes in state-induced additional burdens due to levies or the acceptance and remuneration obligations under the Renewable Energies Act and the force-heat-coupling law or other circumstances which are not to be represented by the network operator. Where limits for network access charges are set, the specifications shall take into account the effects of annual fluctuations in consumption on the overall revenue of the network operators (quantity effects). (4) In the determination of upper limits, To distinguish between the cost shares which can be influenced by the respective network operator and the cost components which cannot be influenced by the operator. The non-influenceable share of the total fee is determined in accordance with section 21 (2); this includes, in particular, cost shares, which are attributable to structural differences in the supply areas, which are not attributable to the law, and to the statutory acceptance and/or reduction of the total costs. Remuneration obligations, concession duties and operating taxes are based. In addition, additional costs for the establishment, operation or modification of an earth cable, which has been scheduled in accordance with Article 43, first sentence, point 3 and sentence 3, shall be deemed not to apply to a overhead line in the determination of the upper limits of the first sentence of the first sentence. Influenceable cost shares. Where requirements relate to groups of network operators, the network operators shall be deemed to be structurally comparable to those which have been assigned to a group, taking account of structural differences. The influenceable cost share is determined in accordance with § 21 (2) to (4) at the beginning of a regulatory period. Efficiency requirements can only be related to the influenceable cost share. The requirements for the development or determination of the upper limit within a regulatory period must provide for the compensation of general devaluation, taking into account a general sectoral productivity factor. (5) Efficiency requirements for a regulatory period are determined by determining company-specific or group-specific efficiency goals based on an efficiency comparison, taking into account in particular the existing efficiency of the respective Network operation, objective structural differences, inflation-adjusted productivity development, the quality of supply and the quality of the quality, as well as the legal regulations. Quality specifications are determined on the basis of an evaluation of reliability characteristics or network performance characteristics, in which structural differences must also be taken into account. In the event of a breach of quality requirements, it is also possible to reduce the ceilings for the determination of network access charges for a power supply company. The efficiency requirements must be so designed and distributed throughout the regulatory period that the network operator concerned or the group of network operators concerned shall comply with the requirements, using the measures which may be taken or likely to be taken by the network operator. can be reached and surpassed. The method of determining efficiency requirements must be such that a slight change in the individual parameters of the method used does not result in a change in the specifications, in particular in comparison with the meaning, over-proportional changes. (6) The Federal Government is authorized by means of a legal regulation with the consent of the Federal Council

1.

determine whether and from what date network access charges will be determined by means of incentive regulation,

2.

the detailed design of the method of incentive regulation referred to in paragraphs 1 to 5 and its implementation; and

3.

, in which cases and under which conditions the regulatory authority may, in the course of the implementation of the methods, take a decision and approve measures taken by the network operator.

In particular, by means of a legal regulation according to the

1.

rules determining the structural criteria relevant to group formation and their importance for the design of efficiency targets;

2.

requirements for a group formation, including objective structural circumstances to be taken into account, with separate provisions being provided for transmission system operators,

3.

Minimum and maximum limits for efficiency and quality requirements are provided for, and rules are laid down for the case of overrun or overrun, as well as arrangements for the design of these requirements, including the development path,

4.

provisions shall be made under which conditions the ceiling may be adapted within a regulatory period, at the request of the network operator concerned, by the regulatory authority, by way of derogation from the development path,

5.

rules on the procedure for taking into account the rate of inflation, taking into account the specificities of the development of income prices and the progress of productivity in the network economy;

6.

More stringent requirements are placed on the reliability of a method for determining efficiency requirements,

7.

rules are made which shall be deemed to be permanently or temporarily as non-influenceable cost shares,

8.

adopt rules providing for the promotion of investments which, taking into account the objectives of § 1, are intended to improve security of supply;

9.

Rules for the determination of reliability characteristics for network operations taking into account the information in accordance with § 51 and their effects on the regulatory requirements, including reductions in the upper limits for the determination of the network operation the network access charges may be provided; and

10.

Rules for the collection of data required for the implementation of incentive regulation by the regulatory authority.

(7) In the regulation referred to in the first sentence of paragraph 6, detailed rules for the calculation of the additional costs of underground cables as referred to in the third sentence of paragraph 4 shall be taken. Unofficial table of contents

§ 21b Measuring point operation

(1) The operation of the measuring point shall be the responsibility of the operator of energy supply networks unless otherwise agreed in accordance with paragraph 2. (2) If requested by the terminal user concerned, the operator may, in lieu of that referred to in paragraph 1, be able to: shall be carried out by a third party of the measuring point establishment, if the proper and appropriate measurement site operation, including the measurement and transmission of the data to the authorised operators, shall be carried out by a third party of the measurement establishment. market participants, which is guaranteed by the third party, so that a , and where the conditions laid down in the second sentence of the second sentence of paragraph 4 are met, the full settlement of the accounts is possible. The network operator shall be entitled to refuse the operation of the measurement site by a third party, provided that the conditions set out in the first sentence are not available. The rejection shall be justified in text form. The third party and the network operator are obliged to conclude a contract for the design of their legal relationships. In the event of a change of the measuring point operator, the existing and the new measuring point operator shall be obliged to conclude the contracts necessary for the implementation of the exchangeable process and the data required for this shall be immediately mutually exclusive shall be transmitted. Insofar as the storage requirements do not determine otherwise, the previous measurement site operator shall delete personal data immediately. § 6a (1) shall apply accordingly. (3) In a legal regulation pursuant to Section 21i (1) point 13, provision may be made for a measuring point not to be equipped with a measuring system within the meaning of Section 21d (1) or to such a measuring point in such a way as to be provided for in such a way. , at the request of the terminal user concerned, by way of derogation from the rule set out in the first sentence of paragraph 2, only the measurement service can be transferred to a third party; paragraph 2 shall apply accordingly. (4) The operator of the measurement station shall have a claim to the installation of measuring devices or measuring systems which are in their possession. Both must

1.

comply with the legal provisions and

2.

comply with the minimum technical requirements laid down by the network operator in respect of its network area and the minimum requirements for data and quality of data.

The minimum requirements of the network operator must be objectively justified and non-discriminatory. (5) The right of choice referred to in paragraph 2 may also be exercised by the contractor as long as and in so far as the express consent of each of the network operators is concerned. the terminal users concerned. The freedom of the connection user for the choice of a supplier as well as of a tariff and for the choice of a measuring point operator must not be restricted. More details may be laid down in a legal regulation pursuant to Section 21i (1) (1). Unofficial table of contents

§ 21c Installation of measuring systems

(1) Measuring point operators shall have

a)

in buildings which are newly connected to the energy supply network or a major renovation within the meaning of Article 2 (10) (b) of Directive 2010 /31/EU of the European Parliament and of the Council of 19 May 2010 on the Energy performance of buildings (recast version) (OJ C 327, 28.4.2002 13, OJ L 155, 22.6.2010, p.61),

b)

in the case of final consumers with an annual consumption of more than 6 000 kilowatt hours,

c)

in the case of plant operators according to the Renewable Energy Sources Act or the Kraft Heat Coupling Act for new plants with an installed power of more than 7 kilowatts

in each case measuring systems which meet the requirements of § 21d and § 21e, insofar as this is technically possible,

d)

to incorporate measurement systems in all other buildings which meet the requirements of § 21d and § 21e, insofar as this is technically possible and economically justifiable.

(2) Technically, it is possible to install if measuring systems which meet the legal requirements are available on the market. It is economically justifiable to install if the connection user for installation and operation does not generate any additional costs or if an economic assessment of the Federal Ministry for Economic Affairs and Energy, which is all long-term, (3) If counting points are equipped with a measuring system, measuring point operators shall have to be provided with a measuring system, according to the Renewable energy law or the Kraft-Heat-Coupling Act for the connection of their production plants to to ensure the measurement system. The obligation applies only to the extent that a connection is technically possible and economically justifiable within the meaning of paragraph 2; Approximation is governed by a regulation according to § 21i (1) (8). (4) The connection user is not entitled to install a (5) Without prejudice to the installation obligations arising from paragraph 1, a legal regulation may be applied in accordance with the provisions of the following: Article 21i (1) (8) provides that as soon as this is technically possible and in Cases in which it is economically justifiable to install at least measuring devices which reflect the actual energy consumption and the actual time of use, and which are safe in a measuring system which meets the requirements of § § 21d and 21e is sufficient; § 21g is to be applied to measuring devices according to sentence 1 and their integration into a measuring system accordingly. The inclusion in accordance with the first sentence must comply with the requirements to be met in order to ensure data protection, data security and interoperability in protective profiles and technical guidelines pursuant to a legal regulation pursuant to § 21i (1) (1) 3, 4 and 12 as well as by means of a legal regulation within the meaning of Article 21i (1) (3), (4) and (12). Unofficial table of contents

§ 21d Measurement Systems

(1) A measuring system within the meaning of this Act is a measuring device for the detection of electrical energy, which is integrated into a communication network and which reflects the actual energy consumption and the actual useful life. (2) Requirements for the functionality and equipment of measuring systems shall be laid down in a Regulation in accordance with Section 21i (1) (3). Unofficial table of contents

§ 21e General requirements for measuring systems for the detection of electrical energy

(1) Only measuring systems which comply with the legal provisions of the law may be used. In order to ensure data protection, data security and interoperability, measurement systems must comply with the requirements set out in paragraphs 2 to 4. (2) For data collection, processing, storage, verification, and transmission, only such data may be used. technical systems and components which

1.

comply with the requirements of protection profiles in accordance with the legal regulation to be drawn up pursuant to section 21i;

2.

special requirements for ensuring interoperability in accordance with the legal regulation to be drawn up in accordance with Article 21i (1) (3) and (12).

(3) The authorities involved in the transmission of data shall take appropriate measures to ensure data protection and data security, in particular the confidentiality and integrity of the data, and the data security and security of the data, as well as the data security and data security. Ensure the identification of the identity of the agency that is to be transmitted. In the case of the use of generally accessible communications networks, encryption methods shall be used which correspond to the respective state of the art. More details are laid down in a legal regulation according to § 21i (1) (4). (4) Only measuring systems in which compliance with the requirements of the protection profile has been established in a certification procedure, which has been previously established, must be installed. The reliability of data processed outside the measuring device, the safety and interoperability requirements. Certificates may be issued for a limited period of time, limited or provided with conditions. Details of the design of the procedure shall be governed by the legal regulation in accordance with Article 21i (1) (3) and (12). (5) Measurement systems which do not comply with the requirements of paragraphs 2 and 4 may still be subject to the date of the legal regulation in accordance with § § § 21i (1) (3) and 21i, paragraph 1, point 11, shall be installed, at least until 31 December 2015, and shall be used for up to eight years from installation,

1.

if their use is not associated with disproportionate risks, and

2.

as long as there is a written consent of the connecting user for the installation and use of a measuring system, which he has informed in that the measuring system does not meet the requirements of paragraphs 2 and 4. The connection user may revoke the consent.

As long as the conditions set out in the first sentence are met, the obligations under Section 21c (1) shall not exist and on the basis of a regulation adopted in accordance with Section 21c (5). Unofficial table of contents

§ 21f Measuring equipment for gas

(1) New measuring devices for gas may only be installed if they can be connected securely to a measuring system which meets the requirements of § 21d and § 21e. They may also be installed only if they also comply with the requirements laid down in order to ensure data protection, data security and interoperability in protective profiles and technical directives by means of a legal regulation. in accordance with Article 21i (1) (3) and (12) and by means of a legal regulation within the meaning of Article 21i (1) (3) and (12). (2) Inventory equipment which does not meet the requirements of a special protection profile can still be used until the end of the the date on which a regulation is determined in accordance with Article 21i (1) (11), but at least until will be installed as of December 31, 2015 and may continue to be used until the next expiry of the existing calibration validity, unless they were previously to be exchanged on the basis of an installation according to § 21c or their re-use is with disproportionate risks. Unofficial table of contents

§ 21g Collection, processing and use of personal data

(1) The collection, processing and use of personal data from the measuring system or with the aid of the measuring system shall be carried out exclusively by authorized bodies for the purpose of data transfer and, on the basis of this law, only insofar as this is necessary for

1.

the reasons, the content of the content and the modification of a contractual relationship on the initiative of the connecting user;

2.

the measurement of energy consumption and feed-in quantity;

3.

the supply of energy, including settlement;

4.

the supply of energy, including billing;

5.

the control of interruptible consumables in low voltage within the meaning of § 14a;

6.

the implementation of variable tariffs within the meaning of Article 40 (5), including the processing of price and tariff signals for consumables and storage facilities, as well as the illustration of energy consumption and the feed-in power of its own production facilities;

7.

the identification of the network condition in substantiated and documented cases;

8.

the clarification or undercommitment of performance crews in accordance with paragraph 3.

(2) The measuring point operator, the network operator and the supplier as well as the body, which demonstrate a written consent of the connection user, which meets the requirements of § 4a of the Federal Data Protection Act, are entitled to use the data to complete data transfer. can. In order to comply with data protection regulations, the authority authorized to use the data is responsible. (3) If there are actual indications of the unlawful use of a measurement system or its services, the in accordance with paragraph 2 of the data transfer, shall document the data. In order to secure its claim for payment, it may use the data and traffic data necessary to detect and prevent the unlawful use of the measurement system or its services. The person entitled to use the data referred to in paragraph 2 may use the traffic data collected in accordance with paragraph 1 in such a way that the total stock of all traffic data which is not older than six months shall use the data of those links with the data transfer. measuring system, for which actual indications are based on the suspicion of the illegal use of the measurement system and its services. The person entitled under paragraph 2 for the data transfer may form a pseudonymized total data collection from the traffic data and inventory data collected in accordance with the second sentence, which shall provide information on the revenue generated by individual participants and shall be subject to the following conditions: Based on suitable abuse criteria, it is possible to find such connections of the measurement system, where there is a suspicion of misuse. The data of other connections must be deleted immediately. The Federal Network Agency and the Federal Commissioner for Data Protection and Freedom of Information are to be informed without delay of the introduction and modification of a procedure pursuant to sentence 2. (4) Measuring point operators, network operators and suppliers may be responsible for the collection, processing and use of personal data by a service provider on their behalf; § 11 of the Federal Data Protection Act (Bundesdatenschutzgesetz) is to be observed and § 43 of the German Data Protection Act (Bundesdatenschutzgesetz) (5) Personal data are to be anonymized or to be used for pseudonymisieren, insofar as this is possible after the intended use and does not require a disproportionate effort in relation to the intended protection purpose. (6) Approximation is to be settled in a legal regulation according to § 21i (1) (4). This has in particular provisions on the protection of personal data of those involved in the energy supply, which govern the collection, processing and use of these data. The rules shall take account of the principles of proportionality, in particular the restriction of collection, processing and use to the required, and the principle of earmarking. In particular, the supply of energy must not be made subject to the indication of personal data which is not necessary for this purpose. Remote action and distance measurement may only be carried out if the final consumer has previously been informed of the intended use and of the nature, scope and period of use and has consented to it after the notification. The rules must provide the final consumer with control and intervention options for remote and remote measurement. The legal regulation provides for maximum periods for storage and, in general, to take due account of the legitimate interests of undertakings and those concerned. The properties and functionalities of measuring systems as well as of storage and processing media are to be regulated in accordance with data protection requirements. Unofficial table of contents

§ 21h Information requirements

(1) At the request of the connection user, the measuring point operator shall:

1.

to grant him access to the readable data stored in the electronic storage and processing medium; and

2.

to a certain extent, to transmit data to and make use of such data free of charge.

(2) In the case of a body authorized to transfer data, it is established that stored contract or usage data has been unlawfully stored, processed or transmitted, or otherwise unlawfully brought to the knowledge of third parties and § 42a of the German Federal Data Protection Act (Bundesdatenschutzgesetz) is subject to serious adverse effects on the rights or the legitimate interests of the terminal user concerned. Unofficial table of contents

Section 21i Legal Regulations

(1) The Federal Government is empowered to do so by means of a regulation with the consent of the Federal Council

1.

to regulate the conditions for the establishment of the measuring point, and in so doing also to determine the conditions under which the operation of the measuring point may be carried out by a network operator and the other requirements for the exercise of the operation of the measuring point. the right to vote in accordance with Article 21b (2) shall be made by the contractor in accordance with Article 21b (5);

2.

the obligation to be further developed in accordance with Article 21c (1) and (3);

3.

, the requirements referred to in § 21c (5), § 21d, § 21e and § 21f shall be further developed and further uniform technical minimum requirements as well as characteristics, scope of equipment and functionalities of measuring systems shall be uniform throughout the country and to determine the measuring equipment for electricity and gas in compliance with the requirements of the law;

4.

to regulate the handling of personal data arising from a line-based supply of electricity or gas in accordance with section 21g, in accordance with the data protection law;

5.

, in which cases and under which conditions the regulatory authority may lay down requirements and conditions as set out in points 1 to 3;

6.

to provide for special arrangements for pilot projects and model regions;

7.

to describe the method of measuring meter reading as a special form of load response;

8.

the installation of measuring systems within the meaning of § 21d and § 21e and measuring equipment within the meaning of § 21c (5) and the requirements of section 21c (2) following the requirements of Directives 2009 /72/EC and 2009 /73/EC as defined in Article 21c (2), in the sense of Article 21f only under certain conditions and in respect of certain cases, and for other cases to provide for the obligations of measuring point operators to supply such measuring systems and measuring equipment, as well as a timetable and specifications for a rollout for measurement systems as defined in § 21d and § 21e and to provide measuring equipment within the meaning of Article 21c (5);

9.

to specify the obligation for operators of electricity distribution networks from § 14a to specify, in particular, a framework for the reduction of network charges and to provide for the contractual design and to designate acts of control which shall: network operators shall be reserved and shall designate acts of control reserved to third parties, in particular to the supplier, as well as to establish requirements for the communicative integration of the interruptible consumable; and to specify that the control system exclusively uses measurement systems within the meaning of § 21d and § 21e shall be effected;

10.

to allow network operators or measurement point operators in a manner which can reasonably be expected to be economically viable for the latter, for reasons of system operation and network security in particular cases, measuring systems which meet the requirements of § 21d and § 21e , or to install other technical equipment and to lay down the requirements for such equipment;

11.

to determine the content and time of the inventory protection in accordance with Articles 21e (5) and 21f (2) in terms of content and time and, if necessary, also to make a differentiation by group;

12.

within the meaning of § 21e Protection profiles and technical guidelines for measurement systems within the meaning of § 21d (1) as well as for individual components and procedures to ensure data protection, data security and requirements to ensure the to specify the interoperability of measurement systems and their parts, as well as requirements for the secure integration in accordance with § 21c (5), first sentence, and to regulate the procedure in accordance with procedures in certification procedures;

13.

the right to be approved and closer to the connecting user, in the case of the equipment of the measuring point with a measuring device which is not included in a communication network within the meaning of § 21d (1), by way of derogation from the rule in § 21b (2) to appoint a third party to carry out the measurement service. Legal regulations pursuant to points 3, 4 and 12 shall require the consent of the German Bundestag. Consent shall be deemed to have been granted to the German Bundestag by the end of the sixth week after the draft regulation of the Federal Government has been sent to the German Bundestag.

(2) Legal orders referred to in paragraph 1 may in particular:

1.

Regulations governing the uniform design of the rights and obligations of the parties concerned, the provisions of the contracts referred to in Article 21b (2) sentence 4 and the legal relationship between the network operator and the connecting user, and the conclusion of the contract, the the object and the termination of the procedures are taken;

2.

provisions at the time of transmission of the measurement data and on the national data formats to be used for the transmission;

3.

the specifications for the documentation and archiving of the relevant data are determined;

4.

the liability for errors in measurement and data transmission are regulated;

5.

the specifications for the change of the third party are to be developed;

6.

the procedure for the failure of the third party is regulated;

7.

the provisions governing the

a)

for certain case and household groups, specify different minimum requirements for measuring systems, their scope of equipment and functionality;

b)

provide that a measuring system as defined in § 21d shall consist of at least one electronic measuring device for the collection of electrical energy and a communication device for the processing, storage and forwarding of this and other data;

c)

provide that measurement systems must be bidirectionally designed with regard to communication, can process tariff and control signals and are open to further services;

d)

provide that measuring systems have a low internal power consumption, are suitable for the connection of electricity supply, gas, water, heat meters and heating heat meters, and have the ability to count the two-direction system, To receive tariff information and to implement variable tariffs within the meaning of § 40 (5), allow an external tariff classification in accordance with the legal requirements of the law, and have open specified standard interfaces, an appropriate standard interface Ensure remote area communication and for at least one other are open to the same type of distance communication as well as are suitable for the connection of domestic EEG and KWKG plants in low voltage and installations within the meaning of Article 14a (1);

e)

provide that it is necessary for measurement systems to be able to manage, to the extent technically feasible and economically justifiable, the network operator, irrespective of its position as a measuring point operator, in addition to accounting-related consumption values in relation to the power supply, also supply-related data such as, in particular, frequency, voltage and current values as well as phase angles, if necessary, be made available without delay and protocols relating to voltage failures with date and time to deliver;

f)

provide for metering systems to be able to measure meter level;

8.

the details of the technical requirements for the storage of data as well as protection of access to the data stored in the electronic storage and processing medium are regulated;

9.

Provisions will be laid down to ensure that the details of the requirements for interoperability in technical guidelines of the Federal Office for Information Security in the Information Technology or in the provisions of the Federal Network Agency shall be regulated;

10.

the Federal Office for Information Security, the Federal Network Agency and the Physikalisch-Technische Bundesanstalt (Physikalisch-Technische Bundesanstalt) competences in connection with the development and application of protection profiles and the adoption of technical guidelines , while ensuring adequate participation by the authorities through a solution of the agreement;

11.

the details of certification procedures for measurement systems are determined.

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Section 22 Procurement of energy for the provision of compensation

(1) Energy supply network operators shall have the energy they need to cover losses and to compensate for differences between input and exit, according to transparent, also related or associated companies to obtain non-discriminatory and market-oriented procedures. The aim of an energy supply that is as cheap as possible is to attach particular importance in the design of the procedures, for example through the use of under-daily procurement, provided that this does not fulfil the obligations under § § 13, 16 (2) In the case of the procurement of control energy by the transmission system operators, a non-discriminatory and transparent tendering procedure is to be applied, in which the requirements of the providers of control energy shall be required to participate, as far as is technically possible, from the operators of transmission networks shall be required to be unified. The operators of transmission networks have to set up a common Internet platform for the call for tenders of control energy. The establishment of the platform referred to in the second sentence shall be notified to the regulatory authority. The operators of transmission systems shall be obliged to cooperate in order to reduce the cost of regulating energy, taking into account the conditions of the network, while respecting their respective system responsibilities. In order to achieve efficient procurement and the purposes referred to in Article 1 (1), the regulatory authority may also, by determining in accordance with Article 29 (1), also other transparent, non-discriminatory and market-oriented A method for the procurement of control energy. Unofficial table of contents

Section 23 Provision of compensation

Where energy supply network operators are responsible for balancing the energy supply network, the rules they have laid down for this purpose, including those to be paid by network users for energy imbalances, shall be subject to the following conditions: they are objectively justified, transparent, non-discriminatory and must not be less favourable than those of the operators of the energy supply networks in comparable cases for services within their undertaking or in relation to associated companies, and actually or calculated shall be taken into account. The charges shall be determined on the basis of an operating management pursuant to section 21 (2) in a cost-oriented way and are to be published together with the other regulations on the Internet. Unofficial table of contents

Section 23a Approval of the charges for access to the network

(1) Insofar as a cost-oriented payment is made within the meaning of section 21 (2) sentence 1, charges for the access to the network shall be subject to a permit pursuant to section 21 unless the provision of the fees for the (2) The authorization shall be granted in so far as the charges are subject to the requirements of this Act and to the legal regulations issued pursuant to Section 24 of this Act. . The approved charges are maximum prices and may only be exceeded if the excess is exceeded solely on the basis of the transfer after the approval of increased cost-rolling rates of a pre-stored network or substation (3) The authorisation shall be requested in writing at least six months prior to the date on which the charges are to take effect. The application shall be accompanied by the documents required for an examination; at the request of the regulatory authority, the applicant shall also have to submit documents electronically. The regulatory authority may provide a model and a uniform format for electronic transmission. The documents shall contain the following information:

1.

a comparison of the previous charges as well as the charges applied for and their respective calculation,

2.

the information required in accordance with the rules on the structural classes and the report on the identification of network charges in accordance with a regulation on charges for access to energy supply networks in accordance with Article 24, and

3.

the justification for the modification of the charges taking into account the provisions of § 21 and a regulation on the charges for access to the energy supply networks according to § 24.

The regulatory authority shall provide the applicant with a written confirmation of receipt of the application. It may require the submission of further information or documents, in so far as it is necessary to verify the conditions laid down in paragraph 2; the fifth sentence shall apply in accordance with the information and documents which have been redeemed. The Federal Ministry for Economic Affairs and Energy is authorized, by means of a legal regulation, with the consent of the Federal Council, to elaborate the procedure and the requirements for the documents to be submitted in accordance with the fourth sentence. (4) The authorisation shall be granted for a limited period and with a reservation of withdrawal; it may be granted under conditions and subject to conditions. If the regulatory authority does not take a decision within six months of the existence of the complete dossiers referred to in paragraph 3, the requested fee shall be deemed to have been approved for a period of one year under the reservation of the withdrawal. Sentence 2 shall not apply if:

1.

the requesting company has agreed to an extension of the period referred to in the second sentence, or

2.

the regulatory authority has not been able to decide, on the grounds of incorrect information or of information which has not been given in good time, and which has notified the applicant before the expiry of the period, indicating the reasons for the decision.

(5) If a new authorisation has been requested before the expiry of the freezing order or before the date on which a withdrawal pursuant to the first or second sentence of paragraph 4 has taken effect, the fees authorised up to that date may be maintained until the decision on the application has been made. If a new decision is not requested in time, the regulatory authority may provisionally set a charge as the maximum price, taking account of sections 21 and 30 and the legal regulations adopted pursuant to section 24. Unofficial table of contents

Section 24 Regulations on network access conditions, charges for access to the network and for the provision and procurement of compensation

The Federal Government is authorized, by means of a regulation with the consent of the Federal Council

1.

to lay down the conditions for access to the network, including the procurement and provision of compensation or methods for determining those conditions, and methods for determining the charges for access to the network, in accordance with § § 20 to 23;

2.

, in which cases and under which conditions the regulatory authority may lay down these conditions or methods or, at the request of the network operator, authorise it,

3.

in which specific cases of network use and under which conditions the regulatory authority may, in individual cases, approve or prohibit individual charges for access to the network; and

4.

to determine the cases in which the regulatory authority has to exercise its powers under Section 65.

In particular, by means of legal orders according to sentence 1

1.

the operators of energy supply networks shall be obliged to establish the most uniform possible conditions for the granting of access to the network in a manner which is more closely related, in particular, to the same extent as the users of the network are to be covered, cooperate,

2.

the rights and obligations of the parties concerned, in particular the cooperation and obligations of the operators of energy supply networks, including the exchange of the necessary data and the information required for access to the network, ,

2a.

the rights of consumers in the handling of a change of provider are defined,

3.

the nature and design of the network access and the procurement and provision of compensation services, including the contracts and legal relationships required for this purpose and the tendering procedure, also by way of derogation from § 22 (2) sentence 2 , the provisions of the Treaties and the design of legal relationships shall be laid down in a uniform manner, as well as rules on the conclusion of agreements and the termination of contracts and legal relationships,

3a.

in the context of the design of network access to gas supply networks for biogas production facilities, priority shall be given, in the context of the selection procedure, in the event of imminent capacity constraints and access to local distribution networks;

3b.

the regulatory authority shall have the power to order the summary of subnets, where technically possible and economically reasonable,

4.

rules for determining the charges for access to the network, where it is possible to provide for, in particular, the costs of network operation, which can be attributed to the integration of decentralised plants for the production of renewable energy sources , and the method for determining charges must be designed in such a way as to ensure that an operational management according to Article 21 (2) is secured and that the operation and security of supply as well as the the ability of the networks to invest in the networks is guaranteed; and an incentive for grid-free energy supply and energy consumption,

5.

(dropped)

6.

(a) the rules governing the collection of network-related and otherwise necessary data for the operators of energy supply networks and the period during which they must be kept;

7.

Regulations for the implementation of a settlement procedure pursuant to section 21 (3), including the collection of the data required for this purpose, are taken.

In the case of the 2 Nos. 1 and 2 sentence, the interest in enabling efficient and non-discriminatory access to the network within the framework of a model which is as independent as possible to the transaction, taking into account the specific nature of the electricity supply, shall be of interest to the and the gas industry; the cooperation shall serve the purpose of Section 1 (2). The provisions of the second sentence of the second sentence may also include other requirements for cooperation between the operators of transmission systems in the procurement of control energy and the reduction of the expenditure on control energy, as well as in deviation from § 22 (2) sentence 1. provide for conditions and methods for other efficient, transparent, non-discriminatory and market-oriented procedures for the procurement of control energy. The rules set out in points 4 and 5 of the second sentence may provide that charges shall be calculated and invoied not only on the basis of supplies, but also on the basis of energy feed-in, where the feed-in of energy shall be based on: Electricity from distributed generation plants should also be provided for a refund of reduced charges for access to the network in the upstream network levels. Unofficial table of contents

Section 25 Exceptions to access to the gas supply networks in connection with unconditional payment obligations

The granting of access to the gas supply networks is not reasonable within the meaning of Article 20 (2), in particular if a gas supply company is responsible for its obligations under the gas supply contracts serious economic and financial difficulties would arise. At the request of the gas supply undertaking concerned, the regulatory authority shall decide whether the conditions of the first sentence to be verified by the applicant are available. The examination shall be based on Article 48 of Directive 2009 /73/EC (OJ L 73, 27.2.2009, p. OJ L 211, 14.8.2009, p. 94). The Federal Ministry for Economic Affairs and Energy is authorized to determine the procedural rules to be applied in the examination under Article 48 of Directive 2009 /73/EC, by means of a regulation which does not require the consent of the Bundesrat. The legal regulation referred to in the fourth sentence may provide that a decision of the regulatory authority may be taken, including by way of derogation from the provisions of this Act, in so far as this is in a decision of the Commission of the European Communities. Communities. Unofficial table of contents

Section 26 Access to the upstream pipeline networks and storage facilities in the area of pipeline supply with natural gas

By way of derogation from § § 20 to 24, access to the upstream pipeline networks and to storage facilities shall be effected on a contractual basis in accordance with § § 27 and 28. Unofficial table of contents

Section 27 Access to the upstream pipeline networks

Operators of upstream pipeline networks shall make available to other undertakings the upstream pipeline network for transmission to conditions which are appropriate and not less favourable than they are in comparable cases in the case of services within their undertaking or in relation to associated or associated undertakings, in fact or in a costing way. This shall not apply in so far as the operator proves that it is not possible or not reasonable for him to be carried out for operational or other reasons, taking into account the objectives of § 1. The rejection shall be justified in text form. The refusal of access to the system in accordance with the second sentence shall be admissible only if one of the reasons referred to in Article 20 (2), third sentence, points (a) to (d) of Directive 2003 /55/EC is present. The Federal Ministry for Economic Affairs and Energy is authorized, by means of a regulation with the consent of the Federal Council, to determine the conditions of access to the upstream pipeline networks and the methods for calculating the charges for access to the in the case of upstream pipeline networks, taking into account the objectives set out in § 1. Unofficial table of contents

Section 28 Access to storage facilities

(1) Operators of storage facilities shall grant other undertakings access to their storage facilities and ancillary services on reasonable and non-discriminatory technical and economic conditions, provided that access is made to an efficient Access to the network is technically or economically necessary with regard to the supply of customers. Access to a storage facility shall be deemed to be technically or economically necessary for efficient access to the network with a view to the supply of customers if the storage facility is a sub-standard storage, with the exception of: subterranean tube storage. Access shall be granted by means of negotiated access. (2) Storage facilities operators may refuse access under paragraph 1 to the extent that they demonstrate that they have access for operational or other reasons, taking into account the The aim of § 1 is not possible or is not reasonable. The refusal shall be justified in writing. (3) Storage facilities operators shall be obliged to provide the location of the storage facility, information on available capacity, on which storage facilities are to be granted access to the storage facility, and to publish their main terms and conditions for access to the Internet. This applies in particular to the procedural handling of requests for access to storage, the nature of the gas to be stored, the nominal working gas capacity, the storage period, to the extent that an offer by the operators of Storage facilities as well as the technically minimally required volumes for storage and storage. The operators of storage facilities consult the storage users when drafting the essential terms and conditions. (4) The Federal Ministry for Economic Affairs and Energy is authorized, by means of a legal regulation with the consent of the Federal Council, to: technical and economic conditions as well as the content of the contracts relating to access to storage facilities. Unofficial table of contents

Section 28a New infrastructures

(1) Connection lines between Germany and other countries or LNG and storage facilities may be exempted from the application of § § 8 to 10e as well as § § 20 to 28 for a limited period if:

1.

by investing in competition in gas supply and security of supply,

2.

the new infrastructure is larger, within the meaning of Article 36 (1) of Directive 2009 /73/EC, in which, in particular, the risk associated with the investment is so high that the investment will not be granted without an exception was made,

3.

the infrastructure is the property of a natural or legal person, separated from the network operators in accordance with § § 8 to 10e, in whose networks the infrastructure is created,

4.

charges are levied by users of such infrastructure, and

5.

the exception does not adversely affect competition or the effective functioning of the internal gas market or the efficient functioning of the regulated network to which the infrastructure is connected.

Paragraph 1 shall also apply to capacity increases in existing infrastructures, which are essential, in particular with regard to their volume of investments and the additional volume of capacity, when considered objectively, and for changes in those infrastructures. (3) At the request of the gas supply undertaking concerned, the regulatory authority shall decide whether the conditions to be met by the applicant in accordance with paragraph 1 or 2 shall be determined by the regulatory authority. exist. The examination and the procedure shall be determined in accordance with Article 36 (6) to (9) of Directive 2009 /73/EC. To the extent that Article 36 (4) and (5) of Directive 2009 /73/EC provides for the participation of the Agency for the Cooperation of Energy Regulators, the regulatory authority shall initiate this procedure. The regulatory authority shall amend or abolish a decision on an application under the first sentence, in accordance with a final decision of the Commission pursuant to Article 36 (9) of Directive 2009 /73/EC, in accordance with Articles 48 and 49 of the Administrative procedural law shall remain unaffected. (4) The decisions shall be published by the regulatory authority on its website.

Section 4
Powers of the regulatory authority, sanctions

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Section 29 Procedure for determination and approval

(1) The regulatory authority shall take decisions in the cases designated in this Act and on the conditions and methods for the network connection or access to the network in accordance with the legal regulations referred to in Article 17 (3), Section 21a (6), § 21i and Article 24 by definition to a network operator, a group of or all network operators or the other in the relevant provision, or by authorisation to the applicant. (2) The regulatory authority shall have the power to: (1), the conditions and methods defined or approved by it shall be retrospected , to the extent necessary to ensure that they continue to meet the requirements for a determination or authorisation. § § 48 and 49 of the Administrative Procedure Act shall remain unaffected. (3) The Federal Government may adopt the procedure for the determination or approval referred to in paragraph 1 and the procedure for amending the conditions and methods referred to in paragraph 2 by Legal regulation with the consent of the Federal Council. In particular, it may be envisaged that decisions of the regulatory authority shall be taken in agreement with the Federal Cartel Office. Unofficial table of contents

§ 30 The abusive behaviour of a network operator

(1) Electricity network operators shall be prohibited from abuse of their market position. In particular, an abuse shall be provided for when an operator of energy supply networks

1.

the provisions of Sections 2 and 3 or of the legal regulations adopted pursuant to these provisions shall not comply;

2.

directly or indirectly obstructs other undertakings, or significantly impedes their competitive opportunities, without any objectively justified reason;

3.

Other undertakings are treated, directly or indirectly, differently from similar undertakings, without any objectively justified reason,

4.

shall allow access to its internally used or offered goods and services on more favourable terms or charges under Section 3 (38) of the affiliated undertakings, either by itself or by undertakings in accordance with section 3, point 38, when it is used by other undertakings in the use of the the goods and services or the goods or services relating to them, unless the operator of the energy supply network proves that the granting of unfavourable conditions is objectively justified,

5.

requires, without any objectively justified reason, charges or other conditions of business for access to the network which differ from those which would be likely to arise in the event of effective competition, and in particular: to take account of the conduct of undertakings in comparable markets and the results of the settlement procedures in accordance with Article 21; charges which do not exceed the limits of an authorisation granted to the undertaking concerned in accordance with Section 23a, and in the case of the implementation of incentive regulation in accordance with section 21a of the concerned undertakings for a regulatory period shall not exceed predetermined ceilings, shall be considered objectively justified, or

6.

calls for unfavourable charges or other terms and conditions of business, as they themselves call for them on comparable markets from similar buyers, unless the difference is objectively justified.

Sentence 2 (5) shall also apply to the networks in which the principle of cost-orientation is deviated in accordance with Article 24, second sentence, point 5, in accordance with the provisions of a regulation. Special legislation on the abuse of the market position in such networks shall remain unaffected. (2) The regulatory authority may require an operator of energy supply networks who abusively exploits its position to: To remedy the infringement against paragraph 1. It may give up all the measures necessary to ensure that the infringement is effectively removed. It may in particular:

1.

Amendments shall require, in so far as the resulting charges or their use, and the application of the conditions for connection to the network and the granting of access to the network by the approved or established method, or the existing may vary, or

2.

, in cases where the network connection or access to the network is illegal, order the network connection or access to the network.

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Section 31 Special abuse procedures of the regulatory authority

(1) Persons and associations of persons whose interests are significantly affected by the behaviour of an operator of energy supply networks may submit a request to the regulatory authority for a review of that conduct. This has to examine the extent to which the behaviour of the operator of energy supply networks with the requirements laid down in Sections 2 and 3 or the legal regulations adopted on this basis, as well as those laid down in accordance with Article 29 (1), or approved conditions and methods. In so far as the behaviour of the operator of energy supply networks is authorised in accordance with section 23a, the regulatory authority shall also have to examine whether the conditions for the termination of the authorisation are met. The interests of consumer centres and other consumer organisations which receive public funding shall be significantly affected, in the sense of the first sentence, even if the decision affects a large number of consumers; and (2) A request referred to in paragraph 1 shall require, in addition to the name, address and signature of the applicant, the following information:

1.

the company and the registered office of the network operator concerned;

2.

the conduct of the network operator concerned to be reviewed;

3.

the reasons for which there are serious doubts as to the legality of the network operator's conduct, and

4.

the reasons for which the applicant is affected by the behaviour of the network operator.

If an application does not meet the conditions set out in the first sentence, the regulatory authority shall reject the application as inadmissible. (3) The regulatory authority shall decide within a period of two months after receipt of the complete application. This period may be extended by two months if additional information is requested by the regulatory authority. With the consent of the applicant, a further extension of this deadline is possible. Where an application in accordance with the first sentence relates to charges for the connection of major new generation plants or installations for the storage of electrical energy and storage facilities, the regulatory authority may extend the time limits set out in the first and second sentences. (4) In so far as a procedure is not concluded with a decision taken by the parties pursuant to section 73 (1), its termination shall be communicated to the parties in writing or electronically. The regulatory authority may, at its reasonable discretion, impose the costs of a survey on the costs of the payment. Unofficial table of contents

§ 32 Subversion claim, liability for damages

(1) Anyone who violates a provision in Sections 2 and 3, a regulation adopted pursuant to the provisions of these sections or a decision taken by the regulatory authority on the basis of these provisions, shall be the subject of the for the elimination of impairment and in the event of a repetition of risk of omission. The claim already exists when an infringement threatens. The provisions of Sections 2 and 3 shall also be used to protect other operators if the infringement does not target them in a targeted manner. A claim is not excluded because the other market participant has participated in the infringement. (2) The claims from paragraph 1 can also be made by legally competent associations to promote professional or independent professional interests where they belong to a significant number of undertakings which distribute goods or services of the same or related nature on the same market, in particular in accordance with their human, factual and financial nature, Equipment is capable of carrying out its statutory tasks of persecution professional or self-employed professional interests and in so far as the infringement affects the interests of its members. (3) Any person who intentionally or negligently violates a breach of paragraph 1 shall be the substitute for the infringement shall be obliged to do so. The company has to pay interest after the loss of the damage after the first sentence. § § 288 and 289 sentence 1 of the Civil Code shall apply. (4) If a breach of a provision in Sections 2 and 3 is sought for damages, the Court of First Instance shall be bound by the determination of the infringement; how it was taken in a final decision by the regulatory authority. The same applies to corresponding findings in final court decisions which have been taken as a result of the ruling of decisions in accordance with sentence 1. (5) The limitation of a claim for damages under paragraph 3 shall be inhibited if the regulatory authority shall initiate proceedings in respect of an infringement within the meaning of paragraph 1. Section 204 (2) of the Civil Code applies accordingly. Unofficial table of contents

§ 33 Benefit levy by the regulatory authority

(1) Where a company has intentionally or negligently opposed a provision in Sections 2 and 3, a legal regulation adopted pursuant to the provisions of those sections, or a decision taken pursuant to those provisions, of the regulatory authority, and thereby obtain an economic advantage, the regulatory authority may order the levy of the economic advantage and impose on the undertaking the payment of the corresponding amount of money. (2) Paragraph 1 shall not apply, provided that the economic advantage is due to compensation for damages or has been exhausted by the imposition of the fine or by the arrangement of the decay. In so far as the enterprise provides services in accordance with the first sentence only after the benefit levy, the amount of money taken is to be reimbursed to the company at the level of the payments which have been proven. (3) If the implementation of the benefit levy would be a uncheap hardship, the order should be limited to a reasonable amount of money or be completely left out. It should also be maintained if the economic advantage is low. (4) The amount of the economic advantage can be estimated. The amount of money to be paid is to be determined in number. (5) The benefit levy can only be arranged within a period of up to five years since the end of the infringement and for a maximum period of five years. (6) The Paragraphs 1 to 5 shall apply in accordance with the provisions of Articles 3 and 5 of Regulation (EU) No 1227/2011 or against a decision taken by the Federal Network Agency on the basis of these provisions. Unofficial table of contents

Section 34 (repealed)

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§ 35 Monitoring

(1) The regulatory authority shall carry out a monitoring exercise in order to carry out its tasks in accordance with this law, in particular for the production of market transparency.

1.

the rules for the management and allocation of interconnection capacity, in coordination with the regulatory authority or the regulatory authorities of the Member States with which a network exists;

2.

the mechanisms for dealing with capacity constraints in the national electricity and gas supply network and in connection lines;

3.

the time taken by operators of transmission, transmission and distribution systems for the production of connections and repairs;

4.

the publication of appropriate information on interconnectors, network usage and capacity allocation for interested parties by the operators of transmission, transmission and distribution networks, taking into account the need to: to treat non-statistically processed individual data as trade secrets;

5.

technical cooperation between transmission system operators within and outside the European Community;

6.

the conditions and tariffs for the connection of new electricity producers, paying particular attention to the costs and benefits of the different technologies for the generation of electricity from renewable energy sources, decentralised production and power-to-heat coupling;

7.

the conditions for access to storage facilities in accordance with § § 26 and 28 and in particular on changes in the situation on the storage market, with the aim of reviewing the regulations with a view to the to enable access to storage facilities, as well as the conditions for access to the system for the production of biogas and the number of biogas fed into the natural gas grid, the amount of biogas fed into kilowatt-hours and the quantities of biogas supplied pursuant to § 20b of the Federal gas network charges regulation, costs encumbent on Germany;

8.

the extent to which the operators of transmission, transmission and distribution networks fulfil their tasks in accordance with § § 11 to 16a;

9.

the fulfilment of the obligations laid down in § 42;

10.

prices for household customers, including pre-payment systems, supplier and product changes, interruption of the supply pursuant to § 19 of the Electricity Basic Supply Ordinance or the Gas Basic Supply Ordinance, complaints from household customers, the effectiveness and enforcement of consumer protection measures in the area of electricity or gas, maintenance services at the home or measuring facilities, and the quality of service provided by the networks;

11.

the extent of competition and the technical development of measuring equipment, including the use of modern measuring equipment, the measurement, the supply of variable tariffs and, nationwide, uniform minimum requirements for measuring equipment and the data and quality of data referred to in Article 21b (4), second sentence, point 2;

12.

the inventory and planned decommissioning of generation capacity, the investment in generation capacity with a view to security of supply, and the inventory, the delivered power, the amount of electricity supplied and the the expected date of the decommissioning of storage with a nominal output of more than 10 megawatts;

13.

the degree of transparency, including wholesale prices, as well as the degree and effectiveness of market opening and the extent of competition at wholesale and retail level, as well as on the electricity and natural gas exchanges, provided that this is not done by law was transferred to a different location.

(2) In order to carry out the monitoring, the powers in accordance with § 69 shall apply accordingly.

Part 4
Energy supply to the final consumer

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§ 36 Basic supply obligation

(1) Energy supply undertakings shall publicly disclose general conditions and general prices for the supply of low-voltage or low-pressure supply to network areas in which they carry out the basic supply of household customers; and to publish on the Internet and to supply each household customer with these conditions and prices. The obligation to provide basic services does not exist if the supply of energy to the energy supply company is not reasonable for economic reasons. (2) The basic supplier referred to in paragraph 1 is the energy supply company, which is the most important supplier of energy supply. Supplies to household customers in a network area of general supply. Operators of energy supply networks of the general care provided for in Article 18 (1) shall be obliged to provide the basic supplier for the next three calendar years every three years as at 1 July 2006, for the first time as of 1 July 2006, in accordance with the conditions laid down in sentence 1. , and to publish it on the Internet by 30 September of the year, and to inform the competent authority of the country in writing by the competent authority. The competent authority in accordance with national law may take the necessary measures to ensure that the procedure laid down in sentences 1 and 2 is carried out properly. On objection to the findings of the findings of the second sentence, which shall be up to 31 December 2005. In the case of the competent authority responsible for national law, the latter shall decide in accordance with the conditions laid down in the first and second sentences of each year. If, after the first sentence, the basic supplier is to carry out its business, the rates 2 and 3 shall apply accordingly. (3) In the event of an exchange of the basic supplier as a result of a determination in accordance with paragraph 2, the energy supply contracts concluded by household customers with the previous basic supplier on the basis of paragraph 1 shall apply to those contracts concluded at the time of the change (4) The provisions of paragraphs 1 to 3 shall not apply to: closed distribution networks. Unofficial table of contents

Section 37 Exceptions to the basic supply obligation

(1) Anyone who operates a plant to generate energy or can be supplied by a third party in order to meet their own requirements shall not be entitled to a basic supply pursuant to § 36 (1) sentence 1. It can, however, require basic supplies to the extent and to conditions which are economically feasible for the energy supply company. The first sentence shall not apply to own-installations (emergency power units), which are intended solely to ensure energy consumption when public energy supplies are used, if, outside their actual destination, they do not have more than 15 hours per month are used for testing, as well as for covering the own needs of household customers supplied in low voltage from power-to-heat-coupling systems up to 50 kilowatts of electrical power and from renewable energy sources. (2) Reserve supply is for Energy supply undertakings within the meaning of the second sentence of paragraph 1 only be reasonable if it includes the needs for the entire household, which are continuously covered by its own facilities, and if a fixed rate of benefit, which is independent of the amount of energy used in each case, is paid at least for the duration of one year. In this connection, the possibility of putting into service all the reserve connections connected to the power supply undertaking's line network shall be assumed and the normal, in the entire low-voltage or low-pressure line network, of the (3) The Federal Ministry for Economic Affairs and Energy may, with the consent of the Federal Council, regulate the extent to which and the extent to which they are based. Conditions under the second sentence of paragraph 1 shall be economically reasonable. In this connection, the interests of the energy supply companies and of the household customers shall be taken into consideration in accordance with the objectives of § 1. Unofficial table of contents

§ 38 Replacement supply with energy

(1) Where the final consumer refers to the energy supply network of the general supply of low-voltage or low-pressure energy, without the latter being able to be associated with a supply or a specific supply contract, the Energy as supplied by the company, which is entitled and obligated pursuant to section 36 (1). The provisions of this Part shall apply to this legal relationship with the proviso that the basic supplier is entitled to publish separate general prices for this energy supply and to charge it for the supply of energy. For household customers, the prices may not exceed the first sentence of § 36 (1) sentence 1. (2) The legal relationship referred to in paragraph 1 shall end if the energy supply takes place on the basis of an energy supply contract of the customer, but no later than three months. after the start of the replacement energy supply. The energy supply undertaking may estimate the energy consumption attributable to the amounts of energy referred to in paragraph 1 on the basis of a computerised delimitation, and shall take into account the determined consumption of energy. Unofficial table of contents

Section 39 General prices and conditions of supply

(1) The Federal Ministry for Economic Affairs and Energy, in agreement with the Federal Ministry of Justice and Consumer Protection, may, by means of a regulation with the consent of the Federal Council, approve the design of the General Prices pursuant to § 36 (1) and § 38 Section 1 of the basic supplier, taking into account the provisions of Section 1 (1). The Federal Ministry for Economic Affairs and Energy can provide information on the content and structure of the general prices, as well as the rights and obligations of the electricity supply companies and their customers. (2) Agreement with the Federal Ministry of Justice and Consumer Protection with the consent of the Federal Council, with the consent of the Federal Council, the general conditions for the supply of household customers in low voltage or low pressure with energy in the framework make the basic or replacement supply appropriate and, in doing so, the provisions define the contracts in a uniform manner and make arrangements for the conclusion of the contract, the subject matter and the termination of the contracts, as well as the rights and obligations of the contractual partners. In this connection, the mutual interests must be duly taken into account. Sentences 1 and 2 shall apply in accordance with conditions laid down in the public sector, with the exception of the regulation of the administrative procedure. Unofficial table of contents

§ 40 Electricity and gas bills, tariffs

(1) Invoices for energy supplies to the final consumer must be simple and comprehensible. The calculation factors relevant to receivings must be fully and in a generally comprehensible form. (2) Suppliers are obliged to pay in their invoices for energy supplies to the final consumer.

1.

their name, their charge-bearing address and the relevant register court, as well as information enabling rapid electronic contact, including the address of the electronic mail;

2.

the duration of the contract, the applicable prices, the next possible date of termination and the period of notice of notice,

3.

the date of reference and the code number of the network operator,

4.

the estimated consumption in the accounting period and the initial count of the household customers and the final count of the period for which it was calculated,

5.

the consumption of the comparable prior-year period,

6.

in the case of household customers, using graphics to show how their own annual consumption is for the annual consumption of comparison groups,

7.

the charges arising from the concession levy and the network charges for the final consumer and, where appropriate, the charges for the operation of the measuring point and the measurement for the final consumer, and

8.

Information on the rights of household customers with regard to dispute settlement procedures available to them in the event of a dispute, including the arbitration body to be set up for consumer complaints in accordance with Section 111b and their address as well as contact details of the Consumer Service of the Federal Network Agency for Electricity and Gas

shall be rejected separately. If the supplier did not supply the last consumer in the same period of the previous year, the former supplier is obliged to inform the new supplier of the consumption of the comparable prior-year period. If the supplier is unable to determine the consumption for reasons which he is not responsible for, the estimated consumption shall be stated. (3) Suppliers shall be obliged to use the energy consumption after their choice on a monthly basis or in other periods of time, which may not, however, substantially exceed twelve months. Suppliers are obliged to offer the final consumers a monthly, quarterly or semi-annual billing. The final consumer, whose consumption values are read out through a measurement system as defined in § 21d (1), shall be provided with monthly consumption information, which also reflects the costs, free of charge. (4) Suppliers must ensure that: the final consumer shall receive the account referred to in paragraph 3 at the latest six weeks after the end of the period to be paid and the final invoice at the latest six weeks after the end of the delivery relationship. (5) shall have suppliers, where technical Feasible and economically reasonable, for the last consumer To offer electricity a tariff that will encourage energy savings or control of energy consumption. Rates within the meaning of the first sentence are, in particular, variable or time-dependent tariffs. Suppliers must also always offer at least one tariff, for which the data recording and transmission of data to the communication of the total amount of electricity consumed within a specified period of time remains limited. (6) Suppliers have for (7) The Federal Network Agency may be responsible for invoices for energy supplies to the last consumer. Decisions relating to the minimum content referred to in paragraphs 1 to 5, as well as details of the shall meet the suppliers in accordance with Article 29 (1), in accordance with paragraph 6. Unofficial table of contents

Section 41 Energy supply contracts with household customers, regulation empowerment

(1) Contracts for the supply of energy outside the basic services to household customers must be simple and comprehensible. In particular, the Treaties shall contain provisions on:

1.

the duration of the contract, the adjustment of prices, dates of termination and periods of notice, as well as the right of withdrawal of the customer,

2.

services to be provided, including maintenance services offered,

3.

the payment method;

4.

Liability and compensation schemes for non-compliance with contractually agreed services,

5.

the free and rapid exchange of suppliers,

6.

the way in which up-to-date information on the applicable tariffs and maintenance charges is available,

7.

Information on the rights of household customers with regard to dispute settlement procedures available to them in the event of a dispute, including the arbitration body to be set up for consumer complaints in accordance with Section 111b and their address as well as the contact details of the Consumer Service of the Federal Network Agency for the area of electricity and gas.

The information requirements pursuant to Article 246 § § 1 and 2 of the Introductory Act to the Civil Code remain unaffected. (2) The household customer is to offer various payment options before the contract is concluded. If an advance payment is agreed, it must be based on the consumption of the preceding accounting period or on the average consumption of comparable customers. If the customer convincingly shows that his consumption is considerably lower, this shall be duly taken into account. A prepayment shall not be due before the delivery begins. (3) Suppliers shall have the final consumer in good time, but in any case before the end of the normal settlement period and in a transparent and comprehensible manner about an intended To notify changes to the terms and conditions of the contract and of their rights of withdrawal. If the supplier unilaterally changes the terms of the contract, the final consumer may terminate the contract without complying with a notice period. (4) Energy supply companies are obliged to make their invoices to household customers in or as an asset (5) The Federal Ministry of Economics and Energy may, in agreement with the Federal Ministry of Justice and the Federal Ministry of Justice, provide information on the provisions of the following paragraph and consumer protection by means of a regulation with the consent of the Federal Council detailed rules for the supply of energy outside the basic supply to household customers, lay down the provisions of the Treaties in a uniform manner and, in particular, regulations on the conclusion of the contract, the subject matter and the To terminate the contracts and to determine the rights and obligations of the contracting parties. In this connection, the mutual interests must be duly taken into account. The measures provided for in Annex I to Directive 2009 /72/EC and Directive 2009 /73/EC are to be taken into account. Unofficial table of contents

Section 42 Electricity labelling, transparency of electricity bills, regulation empowerment

(1) Electricity supply undertakings shall be obliged to state, in or as an installation, their invoices to the final consumer and to the advertising material in question, and to their website for the sale of electricity:

1.

the share of the individual energy sources (nuclear power, coal, natural gas and other fossil fuels, renewable energy sources, funded under the Renewable Energy Sources Act, other renewable energy sources) in the overall energy mix, which the supplier is responsible for in the used last year or last year; at the latest from 1 November of each year, the values of the preceding calendar year shall be indicated;

2.

Information on the environmental impact, at least in terms of carbon dioxide emissions (CO2 emissions) and radioactive waste, due to the total energy mix referred to in point 1 above for electricity generation.

(2) The information on the fuel mix and the environmental impact shall be supplemented by the corresponding average values of electricity production in Germany, and in a manner that is user-friendly and in an appropriate size in graphically visualized form. (3) Where an electricity supply undertaking carries out a product differentiation with different energy-carrier mix as part of the sale to the last consumer, these products and the remaining energy-carrier mix shall apply in accordance with paragraphs 1 and 2. The commitments referred to in paragraphs 1 and 2 shall remain unaffected. (4) In the case of quantities of electricity which cannot be clearly attributed to one of the energy carriers referred to in paragraph 1 (1), the ENTSO-E-energy mix shall be used for: Germany shall, under the deduction of the shares in electricity from renewable energy to be issued in accordance with paragraph 5 (1) and (2), be used. To the extent possible with reasonable effort, the ENTSO-E-Mix shall be cleaned up prior to its use so as to avoid any other double counting of electricity. In addition, the composition of the energy mix calculated in accordance with the first and second sentences shall be given in accordance with the categories referred to in paragraph 1 (1). (5) The use of electricity from renewable energy for the purpose of electricity labelling pursuant to paragraph 1 (1) and (3), only if the electricity supply undertaking is

1.

Guarantees of origin for electricity produced from renewable energy sources, which have been devalued by the competent authority in accordance with § 79 (4) of the Renewable Energy Sources Act,

2.

Electricity, which is funded under the Renewable Energy Sources Act, in compliance with the provisions of the Renewable Energy Sources Act, or

3.

Electricity produced from renewable energy sources as a share of the energy mix calculated in accordance with paragraph 4 shall be provided in accordance with paragraph 4.

(6) In the context of their supply relationships, producers and suppliers of electricity shall make available, on request, the data provided in accordance with paragraph 1 in such a way that they can meet their duty to provide information. (7) Electricity supply undertakings shall be required, once a year to verify the accuracy of the electricity labelling, to use the data to be supplied to the final consumers in accordance with paragraphs 1 to 4, and those relating to electricity labelling current quantities of the Federal Network Agency shall be reported. The Federal Network Agency shall transmit the data to the Federal Environment Agency, insofar as they relate to the share of renewable energy sources. The Federal Network Agency can make guidelines on the format, scope and reporting date. If it provides form templates, the data are to be transmitted electronically in this form. (8) The Federal Government is authorized to provide information on the presentation of the information by means of a regulation which does not require the consent of the Federal Council. in accordance with paragraphs 1 to 4, in particular for a presentation comparable throughout the country, and for the determination of the energy mix for electricity which cannot be clearly attributed to the production side, by way of derogation from paragraph 4, and the methods used for the purpose of determining the energy carrier mix Collection and dissemination of data for the provision of the information referred to in paragraphs 1 to 4. As long as a legal regulation has not been adopted, the Federal Network Agency shall be entitled to determine the requirements set out in the first sentence by definition in accordance with Article 29 (1).

Part 5
Plan determination, route use

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Section 43 requirement of plan determination

The establishment and operation, as well as the modification of

1.

High-voltage overhead lines, with the exception of railway lines, with a nominal voltage of 110 kilovolts or more,

2.

Gas supply lines with a diameter of more than 300 millimetres,

3.

High-voltage power lines used for grid connection of wind turbines at sea within the meaning of § 5 (36) of the Renewable Energies Act of 25. October 2008 (BGBl. 2074) in the version in force in the territorial sea as submarine cables and inland as overhead lines or underground cables up to the technically and economically most favourable linking point of the next transmission or distribution system , and

4.

Cross-border direct-current high-voltage power lines which are not covered by point 3 and which are to be laid as sea cables in the territorial sea, as well as their continuation as a overhead line or earth cable up to the technical and economic the most favourable linking point of the next transmission or distribution network,

5.

Direct current high-voltage lines according to § 2 paragraph 2 of the German Federal Requirements Planning Act,

shall be subject to planning by the competent authority in accordance with the law of the country. At the request of the institution of the project, the installations necessary for the operation of power lines, in particular the substations and network links, may be integrated into the planning procedure and approved by plan-setting . When determining the plan, the public and private interests in question are to be taken into account in the context of the assessment. For high-voltage power lines with a nominal voltage of 110 kilovolts in the coastal area of the North Sea and the Baltic Sea, which are to be laid in a 20-kilometre-wide corridor which runs along the coastline inland, it is possible to supplement the first sentence of the first sentence of 1 for the construction and operation as well as for the modification of an earth cable, a plan determination procedure will be carried out. The coastline is the one contained in the maritime border map No. 2920 "Deutsche Nordseeküste und contiguous waters", edition 1994, XII., and in the maritime border map No. 2921 "Deutsche Ostseeküste und contiguous waters", edition 1994, XII., of the Federal Office for Seagoing and hydrography respectively on a scale of 1: 375 000 coastline. § § 72 to 78 of the Administrative Procedure Act shall apply in accordance with the provisions of this Act. At the request of the institution of the project, the establishment and operation of, and the modification of, an earth cable with a nominal voltage of 110 kilovolts, with the exception of railway lines, may also be planned; this shall also apply in the case of section formation, if the earth cabling is directly related to the requested section of a overhead line. The measures shall apply accordingly, insofar as the procedure is governed by an administrative procedure law in the country. Unofficial table of contents

Section 43a Hearing procedure

§ 73 of the Administrative Procedure Act shall apply to the hearing procedure with the following measures:

1.

The plan is to be interpreted within two weeks of access in accordance with Section 73 (2) of the Administrative Procedure Act.

2.

A discussion date shall not take place if:

a)

Objections to the project have not been made or have not been collected in good time,

b)

the objections raised in good time have been withdrawn;

c)

have been levied solely on the basis of private-law titles, or

d)

All users do not have a discussion date.

In the absence of any discussion, the Hearing Authority shall deliver its opinion within six weeks of the end of the period of application and shall, together with the other in Article 73 (9) of the Authority, submit its opinion to the Planning Authority. Administrative procedural law.

3.

If a plan is to be changed, the discussion within the meaning of Section 73 (6) of the Administrative Procedure Act and the third sentence of Section 9 (1) of the Law on Environmental Impact Assessment (EIA) may normally be discussed.

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§ 43b Planning order decision, planning approval

In the case of planning approval and planning permission, § § 73 and 74 of the Administrative Procedure Act shall apply with the following measures:

1.

In the case of plan findings for projects within the meaning of § 43 sentence 1

a)

for a project for the establishment and operation of a high-voltage supply line or gas supply lines, which has been objected to by 31 December 2010, with a view to ensuring security of supply, prevention or elimination of longer-term transmission, transport or distribution bottlenecks,

b)

for a project carried out in the annex to the Energy Management Act of 21 August 2009 (BGBl. 2870), as amended,

the public, including the associations within the meaning of Article 73 (4), sentence 5 of the Administrative Procedure Act, are exclusively involved in accordance with Section 9 (3) of the Environmental Impact Assessment Act, with the proviso that the The opportunity to submit comments and opinions within one month of the submission of the full plan shall be granted for a period of six weeks.

2.

Procedures for planning or planning for projects which have an impact beyond the territory of a country shall be coordinated between the competent authorities of the countries concerned.

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Section 43c Legal effects of plan determination and planning permission

§ 75 of the Administrative Procedure Act shall apply to the legal effects of the planning and planning approval with the following measures:

1.

If the implementation of the plan does not commenced within ten years from the date of entry into force, it shall not enter into force unless, at the request of the institution of the project, it shall be no longer than five years before the plan-setting authority has submitted a request. Years extended.

2.

Prior to the decision referred to in point 1, a hearing limited to the application shall be carried out in accordance with the procedures laid down for the determination of the plan or the planning authorisation.

3.

For the delivery and interpretation of the decision and the dispute over the extension, the provisions relating to the decision on the planning of the decision shall be applied accordingly.

4.

(dropped)

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Section 43d Plan change before completion of the project

Section 76 of the Administrative Procedure Act shall apply to the planning supplement and the supplementary procedure within the meaning of section 75 (1a) sentence 2 of the Administrative Procedure Act and to the plan change before the completion of the project, with the proviso that in the case of the Article 76 (1) of the Administrative Procedure Act may be dissected from a discussion within the meaning of Section 73 (6) of the Administrative Procedure Act and Section 9 (1) sentence 3 of the Act on Environmental Impact Assessment. Moreover, the provisions of this law shall apply to the new procedure. Unofficial table of contents

Section 43e Legal remedies

(1) The action against a plan determination decision or a planning authorisation shall not have suspensive effect. The request for an order for the postponement action to be taken against a decision to arrest a plan or a planning permission in accordance with § 80 (5) sentence 1 of the Administrative Court order may only be submitted within one month after the date of notification of the Planning approval decision or planning permission shall be provided and justified. This is to be pointed out in the right of appeal. Section 58 of the Administrative Court of Justice applies accordingly. (2) Treten later facts which justify the order of the suspenseful effect may be obtained by the decision of the planning approval or the planning permission. In accordance with § 80 (5) sentence 1 of the Administrative Court order, the request shall be submitted within one month and shall be justified. The time limit shall begin at the time when the complain becomes aware of the facts. (3) The plaintiff shall, within a period of six weeks, indicate the facts and evidence serving to justify his action. Section 87b (3) of the Administrative Court of Justice applies accordingly. (4) (omitted) Unofficial table of contents

Section 43f Insignificant changes

Non-essential changes or extensions may be permitted by a display procedure instead of the planning procedure. A change or extension is insignificant only if:

1.

it is not a change or extension for which an environmental impact assessment must be carried out in accordance with the Environmental Impact Assessment Act,

2.

other public concerns are not affected or where the necessary administrative decisions are available and they do not conflict with the plan; and

3.

The rights of others will not be affected, or the relevant agreements will be concluded with those affected by the plan.

The subcarrier shall indicate the measure which it intends to take in relation to the authority responsible under national law. The ad shall be accompanied in sufficient manner by explanations indicating that the proposed change is insignificant. In particular, it is necessary to provide a description of the expected environmental impact. The competent authority of the country shall decide within one month whether a plan approval or planning procedure is to be carried out in place of the notification or if the measure is exempted from a formal procedure. The decision shall be made known to the subcarrier. Unofficial table of contents

§ 43g Project Manager

The competent authority in accordance with national law may provide a third party with the preparation and execution of procedural steps such as:

1.

the drawing up of procedural guidelines, with the provision of procedural stages and interim dates,

2.

the control of the fries,

3.

the coordination of the necessary expert opinions,

4.

the draft hearings report,

5.

the first evaluation of the opinions submitted,

6.

the organizational preparation of a discussion date and

7.

the management of the debate

on a proposal or with the consent of the institution of the project and at the cost of the project. The decision on the application for a planning request shall be the sole responsibility of the competent authority. Unofficial table of contents

§ 43h Expansion of the high-voltage grid

High-voltage power lines on new routes with a nominal voltage of 110 kilovolts or less shall be constructed as underground cables, provided that the total cost of erecting and operating the earth cable is the total cost of the technically comparable overhead line Do not exceed 2.75 and do not preclude matters relating to nature protection; the authority responsible for the approval of the project may, at the request of the subcarrier, authorise the establishment as a free-line if public interests do not conflict. Unofficial table of contents

§ 44 preparatory work

(1) Owners and other users of the rights of use shall have the necessary measurements, soil and groundwater tests, including the temporary nature of the project, in preparation for the planning and the execution of a project or of maintenance activities. The affixing of marks and other preparatory work by the institution of the project or of the person responsible for the project. If the pledge refuses to tolerate the measures provided for in the first sentence, the competent authority in accordance with the law of the country may, at the request of the institution of the project, order the acquiescence of such measures to the owner and other persons entitled to use. (2) The intention to carry out such work shall be the owner or other person entitled to use at least two weeks before the scheduled date, either directly or through the usual publication in the municipalities in which the preparatory work is carried out. shall be carried out by the institution of the project. (3) The project shall be carried out by a If the measure referred to in paragraph 1 is a direct asset to an owner or other person entitled to use, the institution of the project shall have the appropriate compensation in respect of money. In the event of an agreement not being reached on the compensation for money, the competent authority in accordance with the law of the country shall, at the request of the institution of the project or of the person concerned, determine the compensation. Before the decision, the participants must be heard. Unofficial table of contents

Section 44a Change lock, pre-emption law

(1) From the beginning of the interpretation of the plans in the planning procedure or from the date on which the person concerned is given the opportunity to see the plan, the areas affected by the plan shall be subject to a substantial amount of changes in value or the planned construction measures are not subject to significant aggravating changes (change barrier). Changes which have been initiated in a legally permissible manner beforehand, maintenance work and the continuation of a previously exercised use will not be affected by this. Inadmissible changes are not taken into consideration in the case of orders pursuant to § 74 (2) sentence 2 of the Administrative Procedure Act and in the compensation procedure. (2) Dauert the change lock over four years, in the case of high-voltage overhead lines over five years, the owners may claim compensation for the resulting financial disadvantages. They may also require the agreement of a limited personal serviceability for the land affected by the plan if, in view of the curfew, it is not economically appropriate to them, the land in the previous or any other acceptable way of use. If no agreement is reached in accordance with the second sentence, the owners may request the corresponding restriction of the property on the land. In addition, § 45. (3) In the cases referred to in the first sentence of paragraph 1, the institution of the project shall be entitled to a right of pre-emption on the areas concerned. Unofficial table of contents

§ 44b Early possession of the property

(1) If the commencement of works is immediately commenced and the owner or owner refuses to possess one for the construction, modification or change of operation of high-voltage overhead lines, earth cables or gas supply lines within the meaning of § 43 leave the property required by agreement, subject to all compensation claims, the expropriation authority shall have the institution of the project in possession at the request of the plan or grant of the plan-approval. . The plan approval decision or the planning permission must be fully enforceable. Further requirements are not required. (1a) The institution of the project may require that after the conclusion of the consultation procedure in accordance with § 43a an early possession instruction is carried out. In such a case, the decision to determine the plan to be applied in accordance with the procedure shall be taken as the basis for the early possession of the procedure for the possession of the property. The decision on the transfer of property is to be adopted with the postponing condition that its result is confirmed by the decision on the planning of the decision. Otherwise, the early ownership procedure should be supplemented on the basis of the decision of the planning decision. (2) The expropriation authority shall have no later than six weeks after the date of receipt of the application for possession of the property with the parties concerned. to negotiate orally. For this purpose, the applicant and the persons concerned shall be invited. In so doing, the person concerned must be informed of the request for possession. The charge period shall be three weeks. With the summons, the persons concerned shall be asked to submit any objections to the application before the oral proceedings with the expropriation authority. The persons concerned must also be informed that, even in the case of non-appearance, the application for possession of the property and other applications to be made in the proceedings can be decided. (3) As far as the condition of the plot is of importance, the The expropriation authority shall establish it in a minutes until the beginning of the oral proceedings, or be determined by an expert. A copy of the minutes or of the result of the investigation must be sent to the parties concerned. (4) The decision on the possession of the possession shall be sent to the applicant and the person concerned no later than two weeks after the oral proceedings. The transfer of possessions shall take effect in the date referred to by the expropriation authority. This date shall be set at a maximum of two weeks after the date of notification of the pre-possession order to the immediate owner. The owner of the property is removed from the property by the owner of the property and the owner of the project owner. The institution of the project may carry out on the property the building project referred to in the application for possession of the project and take the necessary measures for this purpose. (5) The institution of the project shall be responsible for the project for the purpose of the advance possession of the project , in so far as the drawbacks are not offset by the interest in compensation for the deprivation or restriction of property or other law, compensation shall be made available. The nature and amount of the compensation shall be determined by the expropriation authority in a decision. (6) If the identified plan or the planning permission is removed, the early possession of the property shall also be lifted and the previous owner shall be re-established. to be held in possession. The institution of the project has to pay compensation for all the special disadvantages resulting from the possession of the project. (7) An appeal against an early possession of the project does not have suspensive effect. The request for an order for the postponing effect pursuant to § 80 (5) sentence 1 of the Administrative Court order can only be filed and justified within one month after the notification of the possession-in-order decision has been made. Unofficial table of contents

Section 45 Enpropriation

(1) The deprivation or restriction of land ownership or of rights in the land of property by way of expropriation shall be permitted as far as it is to be carried out

1.

a project according to § 43 or § 43b, no. 1, for which the plan is identified or approved; or

2.

an other project for the purpose of energy supply

(2) A further determination of the admissibility of the expropriation shall not be required in the cases referred to in paragraph 1 (1); the established or approved plan shall be the basis of the expropriation procedure and shall be applied to the expropriation authority binding. If a party has agreed to the transfer or restriction of ownership or any other right in writing, the compensation procedure may be carried out directly. The admissibility of the expropriation in the cases referred to in paragraph 1 (2) shall establish the competent authority in accordance with national law. (3) The expropriation procedure shall be governed by national law. Unofficial table of contents

§ 45a Compensation procedure

To the extent that, on the basis of a plan determination decision or a planning authorisation, the subcarrier is obliged to pay compensation in cash and the amount of the compensation does not reach an agreement between the person concerned and the institution of the In the event of a project, the competent authority of one of the parties shall decide upon the request of one of the parties; the laws of expropriation of the Länder shall apply mutagentily to the proceedings and to the legal proceedings. Unofficial table of contents

Section 45b Parallel management of planning and expropriation procedures

The institution of the project may require that a preliminary expropriation procedure be carried out after the end of the consultation. In so doing, the decision to determine the plan to be expected in accordance with the procedure is to be based on the expropriation procedure. The decision on expropriation shall be issued with the suspensive condition that its outcome will be confirmed by the decision to determine the plan. Otherwise, the expropriation procedure should be supplemented on the basis of the decision of the planning decision. Unofficial table of contents

§ 46 Weworn Contracts

(1) Municipalities have their public transport routes for the installation and operation of lines, including transmission lines for network control and accessories, for the direct supply of final consumers in the municipal area non-discriminatory to be made available by contract. Without prejudice to their obligations under the first sentence, the municipalities may refuse to conclude contracts as long as the energy supply company refuses to pay concession charges in the amount of the maximum rates pursuant to section 48 (2) and an agreement is reached (2) Contracts for energy supply companies with municipalities on the use of public transport routes for the installation and operation of pipelines to a power supply network of the General supply in the municipal area may not exceed Duration of 20 years will be completed. If such contracts are not renewed after the expiry of the contract, the person entitled to use the contract shall, to date, be obliged to supply the new distribution facilities necessary for the operation of the networks of general supply in the municipal area. Energy supply companies against payment of an economically reasonable remuneration. The new energy supply company may, instead of having to do so, demand that it be granted possession of it. The previous user is obliged to provide the municipality with information on the technical and economic situation of the network at the latest one year before the date of publication of the municipality referred to in paragraph 3, which information shall be available for: An evaluation of the network in the context of an application for the conclusion of a contract according to sentence 1 are required. The Federal Network Agency may, in agreement with the Federal Cartel Office, take decisions on the scope and format of the data to be made available by definition vis-à-vis the energy supply companies. (3) The municipalities shall make no later than two years before the end of the contracts referred to in paragraph 2, the end of the contract and an explicit reference to the data to be published by the municipality in appropriate form pursuant to the fourth sentence of paragraph 2, and to the place of publication by Published in the Federal Gazette. Where more than 100 000 customers in the municipality are directly or indirectly connected to the supply network, the notice shall be published in addition to the Official Journal of the European Union. Where congregations intend to extend contracts under paragraph 2 before the expiry of the term of the contract, the existing contracts shall be terminated and the early termination and the end of the contract shall be publicly announced. Contracts with companies may not take place at the earliest three months after the announcement of the premature termination. In selecting the company, the municipality is obligated to the objectives of § 1. In the event that several undertakings apply, the municipality shall make public its decision in the event of a new or extension of contracts referred to in paragraph 2, stating the relevant reasons. (4) The provisions of paragraphs 2 and 3 shall apply to own holdings of the (5) The tasks and responsibilities of the antitrust authorities in accordance with the law against restrictions on competition shall remain unaffected. Unofficial table of contents

Section 47 (repealed)

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Section 48 Concession duties

(1) Concession duties shall be the charge of the energy supply undertakings for the granting of the right to use public transport routes for the installation and operation of pipelines, which shall be used for the direct supply of the latter in the Community area with energy, pay. The supply of final consumers within the meaning of this provision shall also be provided when a distribution distributor is supplied via public transport routes with electricity or gas to the final consumer without the use of such transport routes (2) The Federal Government may, with the consent of the Federal Council, regulate the admissibility and dimensioning of the concession duties by means of a regulation. It can in each case set different maximum rates in cents per kilowatt hour supplied for electricity or gas, for different customer groups and uses and staggered according to the number of inhabitants of the municipalities. (3) Concession duties shall be paid in the contractually agreed amount by the energy supply company which has been granted the right of way pursuant to section 46 (1). (4) The obligation to pay the concession duties agreed upon shall also exist after the expiry of the The use of a service contract for a year, unless an interim period is will be adopted for other purposes.

Part 6
Security and reliability of energy supply

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Section 49 Requirements for energy installations

(1) Energy installations shall be constructed and operated in such a way as to ensure technical safety. Subject to any other legislation, the generally accepted rules of technology must be complied with. (2) Compliance with the generally accepted rules of technology is presumed to be in the case of installations for the production, management and supply of

1.

Electricity The technical rules of the Association of Electrical Engineering Electronics Information Technology e. V.,

2.

Gas the technical rules of the German Association of Gas and Water Fold e. V.

have been complied with. The Federal Network Agency may lay down detailed rules and procedures for the introduction of technical safety rules, in particular on the expiry of time, in the procedure provided for in Article 29 (1), in so far as the technical safety rules are in operation. of energy supply networks. The Federal Network Agency has the principles of the DIN Deutsches Institut für Normung e. V. (3) In the case of installations or components of installations which are in accordance with the rules in force in another Member State of the European Union or in another State Party to the Agreement on the European Economic Area, or Where requirements have been lawfully manufactured and placed on the market and ensure the same level of security, it must be assumed that the requirements of paragraph 1 are met with respect to the nature of the installations. In justified individual cases, it is necessary to prove, at the request of the competent authority according to the country's law, that the requirements set out in the first sentence are fulfilled. (4) The Federal Ministry of Economic Affairs and Energy is authorized to ensure the technical Safety, the technical and operational flexibility of energy systems and the interoperability of publicly accessible charging devices for electric vehicles by means of a legal regulation with the consent of the Federal Council

1.

to lay down requirements for the technical safety of such installations, their establishment and their operations;

2.

to regulate, in particular, the administrative procedure for ensuring the requirements referred to in point 1;

a)

and where the establishment of such installations, their commissioning, the taking of changes or extensions and other circumstances relating to the installations must be indicated,

b)

that the ad referred to in point (a) must be accompanied by certain evidence and

c)

that the establishment and operation of the installations must be initiated only after certain test rists have expired;

3.

to provide for testing prior to the establishment and entry into service and inspection of the installations, and to specify that these tests and verifications shall be carried out by competent experts;

4.

to lay down official regulatory powers, in particular the power to prohibit the construction and operation of energy installations if the project does not comply with the requirements laid down in the regulation;

5.

to determine the information which the competent authority may require from the operator of the energy installation referred to in the first sentence of paragraph 6;

6.

the details of the procedure for the recognition of experts working in the examination of energy installations and the indication of the temporary activity of experts from other Member States of the European Union or of an expert the contracting state of the Agreement on the European Economic Area;

7.

requirements and reporting requirements to be met by experts as defined in point 6 and by the bodies to which they belong, in particular in order to ensure their professional qualifications, independence and reliability;

8.

requirements for the technical and operational flexibility of new energy generation plants.

The provisions of the Renewable Energy Sources Act and the Kraft-Heat-Coupling Act remain unaffected. (4a) The Federal Ministry for Economic Affairs and Energy is authorized to submit a committee by means of a legal regulation with the consent of the Federal Council. To provide advice on the technical safety of gas supply networks and direct gas lines, including those used for the management of the pipeline. This Committee may, in particular, be entrusted with the task of proposing to meet the requirements of experts who consider the technical safety of these energy installations in order to comply with the requirements laid down in a Regulation referred to in paragraph 4. to meet the requirements laid down. The Federal Ministry for Economic Affairs and Energy can publish the requirement profile in the Federal Gazette. Experts shall be appointed to the Committee, in particular from the circle of persons

1.

of the experts who are involved in the testing of energy installations,

2.

of the bodies to which experts referred to in point 1 are members,

3.

the competent authorities and

4.

of the operators of energy installations.

(5) The competent authority of the country may, on a case-by-case basis, take the necessary measures to ensure the technical safety of energy installations. (6) The operators of energy plants shall, at the request of the competent authorities, have The competent authority shall provide information on the technical and economic conditions necessary for the performance of the tasks referred to in paragraph 5. The party responsible for providing the information may refuse to provide information on such questions, the answers to which he or she himself or one of the members of the risk of criminal prosecution or proceedings referred to in § 383 (1) to (3) of the Code of Civil Procedure in accordance with the law on administrative offences. (7) The persons responsible for the supervision by the competent authority under national law shall be entitled to operate premises, premises and facilities of the operators of energy installations. , to carry out exams there, and to enter into business and to see in-company documents from the operators of energy installations, to the extent that this is necessary for the performance of the tasks referred to in paragraph 5. Unofficial table of contents

§ 50 Supply of supply to secure energy supply

The Federal Ministry of Economics and Energy is authorized to secure the energy supply by means of a legal regulation with the consent of the Federal Council

1.

Provisions to be adopted on the obligation of energy supply undertakings and of such producers of electricity whose power plants have a nominal electrical power of at least 100 megawatts for their installations for the production of

a)

Electricity constantly increasing quantities of mineral oil, coal or other fossil fuels,

b)

Gas from liquefied petroleum gas continuously the amounts of liquid gas

as a supply of supplies of electricity or gas for 30 days, or to meet their own requirements for electricity,

2.

to adopt rules on the exemption from such a storage obligation and the time-limited release of supply quantities, to the extent necessary to avoid operational difficulties or to supply fuel to maintain,

3.

to extend the period for the calculation of the quantities of stocks, to the extent that this is necessary in order to adapt the obligation of supply to European Community legislation on the minimum stocks of fossil fuels.

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Section 51 Monitoring of security of supply

(1) The Federal Ministry for Economic Affairs and Energy shall monitor the security of supply in the area of the supply of electricity and natural gas. (2) The monitoring referred to in paragraph 1 shall relate in particular to the relationship between: between supply and demand on the domestic market, the expected demand trend and the available supply, the additional capacity in the planning and under construction, the quality and the extent of the network, an analysis of Network disturbances as well as measures for the operation of demand peaks and the management of Failure of one or more suppliers as well as in the natural gas sector the available supply also taking into account the storage capacity and the share of import contracts with a delivery period of more than ten years (longer term Natural gas supply contract) and the remaining term of the contract. In carrying out the monitoring, the Federal Ministry of Economic Affairs and Energy has the powers under § § 12a, 12b, 14 (1a) and (1b), § § 68, 69 and 71. § § 73, 75 to 89 and 106 to 108 shall apply accordingly. Unofficial table of contents

Section 52 Reporting requirements for supply disruptions

Operators of energy supply networks shall submit a report to the Federal Network Agency by 30 April of one year on all supply interruptions that have occurred in their network in the last calendar year. This report shall contain at least the following information for each supply interruption:

1.

the date and duration of the supply disruption;

2.

the extent of the supply disruption and

3.

the cause of the supply disruption.

In the report, the network operator shall set out the measures taken to avoid future supply disruptions, as a result of the incident. In addition, the report shall indicate the average supply interruption in minutes of the last consumer for the last calendar year. The Federal Network Agency may make provisions for the formal design of the report, as well as to request additions and explanations of the report, insofar as this is necessary to verify the supply reliability of the network operator. Immediate reporting requirements for disruptions with a cross-regional impact are based on § 13 para. 6. Unofficial table of contents

Section 53 Call for tender for new generation capacity in the electricity sector

Provided that the security of supply within the meaning of § 1 is not guaranteed by existing generation capacities or energy efficiency and demand management measures alone, the Federal Government may, by means of a legal regulation with the consent of the The Federal Council shall, on the basis of criteria for new capacity or energy efficiency and demand management measures, provide for a tendering procedure or a procedure equivalent to transparency and non-discrimination on the basis of criteria for new capacity or energy efficiency and demand for energy Federal Ministry for Economic Affairs and Energy Federal Gazette published. Unofficial table of contents

Section 53a Ensure the supply of natural gas to household customers

Gas supply undertakings supplying household customers or operators of gas-powered district heating systems shall ensure that:

1.

the household customers directly supplied by them; and

2.

District heating systems, to the extent that they supply heat to household customers, are connected to a natural gas distribution network or a transmission system and cannot carry out any change of fuel,

at least in the case referred to in Article 8 (1) of Regulation (EU) No 994/2010 of the European Parliament and of the Council of 20 June 2010, October 2010 on measures to safeguard security of natural gas supply and repealing Council Directive 2004 /67/EC (OJ L 327, 28.12.2004, p. 1) are to be provided for. In addition, in the event of a partial interruption of supply of natural gas, or in the case of exceptionally high gas demand, gas supply undertakings shall have household customers and district heating systems as defined in the first paragraph of sentence 2 with natural gas. supply, as long as the supply is reasonable for economic reasons. In order to ensure the safe supply of natural gas to household customers, recourse may be made in particular to the instruments listed in Annex II to Regulation (EU) No 994/2010. Unofficial table of contents

Section 53b Regulation empowerment of the entire register

In order to improve the guarantee and monitoring of security of supply, in particular the safe operation of energy supply networks, the monitoring of security of supply, and the simplification of energy-related reporting obligations, the Federal Ministry of Economic Affairs and Energy authorised to regulate by means of a legal regulation without the consent of the Bundesrat:

1.

the establishment of a directory by the Federal Network Agency, in which installations for the production and storage of electrical energy, their authorisations, publicly accessible charging facilities for electromobile, controllable consumables industrial and industrial final consumers, including the operators of the installations referred to in the first sentence of point 1, the operators of the energy supply networks, the relevant balance-sheet managers, and Gas suppliers, gas supply system operators and storage facilities to collect their operators (entire register of installations),

2.

the design of the whole register, in particular where it is possible to determine:

a)

which information must be provided, in particular:

aa)

contact details of the person responsible for the transmission of the information,

bb)

the location of the plant,

cc)

the energy sources used,

dd)

the installed capacity of the installation,

ee)

the technical characteristics of the plant,

ff)

Information on the remote control of the installation,

gg)

information on the energy supply network to which the installation is connected;

hh)

the membership of the balance sheet,

b)

to transmit the information referred to in point (a), and in particular the persons referred to in paragraph 1, second half,

c)

the deadlines to be used for the transmission of data and the nature, format and scope of the data to be transmitted,

d)

the comparison with data of other registers based on this law, § § 6 and 79 (3) of the Renewable Energy Act, § § 47a to 47j of the Act against restrictions on competition or on the basis of decree-law decrees issued by the Act of the European Union or Provisions and Regulation (EU) No 1227/2011 of the European Parliament and of the Council on the integrity and transparency of the wholesale energy market shall be established and operated, provided that the registers and data sets for each of these registers and records are do not conflict with relevant provisions;

e)

the performance of the tasks of the asset register in accordance with the second sentence of § 6 (1) of the Renewable Energy Act by the entire register of assets,

3.

the possibility of matching the information supplied by the plant operators with data from the competent licensing authority to installations in need of approval,

4.

The nature and extent of the transmission of the data to network operators and to third parties, in so far as this is necessary for the performance of the tasks provided for in this Act, with due regard for data protection,

5.

the extent of the data to be published, in compliance with data protection requirements, where information on the person referred to in point 2 (a), including their contact data, is not published, and the relationship to other statutory publication obligations,

6.

the ratio to reporting obligations under other provisions of this Act or under the Renewable Energy Sources Act;

7.

Rules on the protection of personal data in connection with the data to be transmitted under points 2 to 4, in particular information, information and cancellation obligations,

8.

the empowerment of the Federal Network Agency, by laying down provisions in accordance with Section 29 (1) and subject to compliance with data protection rules:

a)

other data to be transmitted, including those relating to it,

b)

that, by way of derogation from a legal regulation referred to in paragraph 1, certain information must no longer be provided to the extent that such information is no longer necessary in order to ensure and monitor security of supply, and

c)

Type and extent of access to information provided by the Global Register for certain categories of persons.

Part 7
Authorities

Section 1
General provisions

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Section 54 General responsibility

(1) The tasks of the regulatory authority shall be carried out by the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Bundesnetzagentur) and, in accordance with paragraph 2, by the national regulatory authorities. (2) National regulatory authorities shall be responsible for:

1.

the authorisation of network access charges in accordance with section 23a,

2.

approval or determination in the context of the determination of the network access charges by means of incentive regulation in accordance with § 21a,

3.

the approval or submission of individual charges for access to the network, in so far as these are provided for in a legal regulation adopted pursuant to Article 24, first sentence, point 3,

4.

the monitoring of the rules on unbundling in accordance with § 6 (1) in conjunction with § § 6a to 7a,

5.

the monitoring of the rules on the system responsibility of the operators of energy supply networks in accordance with § § 14 to 16a,

6.

the monitoring of the provisions relating to the network connection in accordance with Articles 17 and 18, with the exception of the provisions concerning the establishment or approval of technical and economic conditions for a network connection or the methods for the determination of these conditions imposed by the regulatory authority, in so far as such provisions are provided for in a regulation adopted pursuant to Article 17 (3), first sentence, point 2,

7.

the monitoring of technical requirements in accordance with § 19,

8.

the supervision of abuse in accordance with § § 30 and 31 as well as the benefit levy in accordance with § 33 and

9.

the decision on the existence of the conditions laid down in Article 110 (2) and (4);

as far as energy-supply companies are concerned, less than 100 000 customers are directly or indirectly connected to the electricity or gas distribution network of the power supply companies. Sentence 1 shall not apply if an electricity or gas distribution network extends beyond the territory of a country. The provisions of paragraphs 6, 7 and 8 shall not apply to the extent to which the performance of the tasks is related to the connection of biogas plants. For the purpose of determining the number of connected customers, the conditions on 13 July 2005 for the year 2005 and the year 2006 and thereafter those on 31 December of each year shall be relevant for the duration of the following year. Administrative or judicial proceedings which have been initiated shall be terminated by the authority which was responsible at the beginning of the administrative procedure. (3) A provision of this law does not give a jurisdiction to a specific authority, the The Federal Network Agency shall carry out the tasks and powers conferred on the Authority by this law. If, in order to maintain equivalent economic conditions in the Federal territory, a uniform national definition in accordance with Article 29 (1) is required, the Federal Network Agency shall adopt the provisions of this Act or under this Act. Establishment powers are true. In particular, it shall be responsible for the uniform definition of

1.

Price indices in accordance with the Regulations on the charges for access to electricity and gas supply networks in accordance with § 24,

2.

Equity interest rates in accordance with the Regulations on charges for access to electricity and gas supply networks in accordance with § 24 and

3.

Guidelines for the collection of comparative parameters for the determination of the efficiency values in accordance with the regulation on incentive regulation in accordance with Article 21a (6).

If the Federal Network Agency intends to make uniform provisions within the meaning of the second sentence of sentence 2 which do not concern the areas mentioned in the third sentence, the Federal Network Agency shall, before establishing the Länder committee, have the proposed content with the Federal Network Agency of the proposed definition. The Federal Network Agency takes into account the majority view of the Federal Network Agency by the Federal Network Agency in its determination as far as possible. Unofficial table of contents

Section 54a competences in accordance with Regulation (EU) No 994/2010, Regulation authorisations

(1) The Federal Ministry for Economic Affairs and Energy is the competent authority for the implementation of the measures laid down in Regulation (EU) No 994/2010. § § 3, 4 and 16 of the 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) and § § 5, 8 and 21 of the German Economic Protection Act, as amended by the Notice of 3. October 1968 (BGBl. 1069), which was last amended by Article 134 of the Regulation of 31 December 2008. October 2006 (BGBl. 2) The following tasks in Regulation (EU) No 994/2010 shall be transferred to the Federal Network Agency:

1.

the implementation of the risk analysis referred to in Article 9;

2.

the following tasks relating to the development of bi-directional load flows: the tasks under the procedure referred to in Article 7, the monitoring of the fulfilment of the obligation under Article 6 (5), the power to demand the extension of capacity pursuant to Article 6 (6), tasks referred to in Article 6 (7), and

3.

the tasks referred to in the first sentence of Article 6 (1), (4) and (9), first sentence.

The Federal Network Agency is responsible for these tasks under the supervision of the Federal Ministry for Economic Affairs and Energy. The responsibility of the Federal Ministry of Economic Affairs and Energy in accordance with paragraph 1 for regulations in respect of the standards referred to in Article 6 (1) to (3) and Article 8 in conjunction with Article 2 (1) of Regulation (EU) No 994/2010 (3) The determination of the essential elements to be taken into account and examined in the context of risk analysis, including the scenarios referred to in Article 9 (1) (c) of Regulation (EU) No 994/2010. , the Federal Ministry of Economics and Energy requires the approval of the Federal Ministry of Economics and Energy. The Bundesnetzagentur may, by specifying in accordance with Article 29, details of the content and procedures for the transmission of information referred to in Article 9 (3), the procedure referred to in Article 7 and the cost allocation referred to in Article 6 (8), second sentence and (3) of the Regulation (EU) No 994/2010 rules. (4) The Federal Ministry for Economic Affairs and Energy is authorized to do so by means of a regulation which does not require the approval of the Federal Council:

1.

to carry out further tasks to the Federal Network Agency for the purposes of the implementation of Regulation (EU) No 994/2010,

2.

define the procedures and responsibilities of federal authorities with regard to the transmission of data in accordance with Article 13 of Regulation (EU) No 994/2010 and determine which natural gas undertakings shall be subject to the information requirements set out therein,

3.

the procedures and content of the reporting obligations referred to in Article 10 (1) (k) of Regulation (EU) No 994/2010, and

4.

to regulate further reporting and reporting requirements which are necessary to assess the gas supply security situation.

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§ 55 Federal Network Agency, State Regulatory Authority and competent authority according to national law

(1) For decisions of the regulatory authority under this law, the provisions of Part 8 shall apply with respect to the administrative and judicial proceedings, unless otherwise provided in this Act. Where the Bundesnetzagentur initiates proceedings, conducts investigations or closes a procedure, it shall at the same time notify the national regulatory authorities in the territory of which the undertakings concerned have their registered office. (2) Leitet the competent authority in accordance with the law of the country has a procedure in accordance with § 4 or section 36 (2), conducts investigations in accordance with these provisions, or closes a procedure, it shall immediately notify the Federal Network Agency, if the latter Role is touched. Unofficial table of contents

Section 56 Acting of the Federal Network Agency in the enforcement of European law

The Federal Network Agency shall carry out the tasks entrusted to the regulatory authorities of the Member States by means of the following acts:

1.

Regulation (EC) No 714/2009,

2.

Regulation (EC) No 715/2009,

3.

Regulation (EU) No 994/2010,

4.

Regulation (EU) No 1227/2011.

In order to carry out these tasks, the Federal Network Agency shall have the powers conferred on it by the Regulations referred to in the first sentence and in the application of this Law. The procedural rules of this law shall apply. Unofficial table of contents

Section 57 Cooperation with the regulatory authorities of other Member States, the Agency for the Cooperation of Energy Regulators and the European Commission

(1) The Federal Network Agency shall cooperate with the regulatory authorities of other Member States, the Agency for the Cooperation of Energy Regulators and the European Commission, for the purpose of applying energy-related legislation. (2) In the performance of the duties under this Act or the regulations adopted pursuant to this Act, the Federal Network Agency may take into account the facts and decisions of regulatory authorities of other Member States, to the extent that: may have these effects within the scope of this law. The Bundesnetzagentur may, at the request of a network operator and with the agreement of the relevant regulatory authorities of other Member States, depart from the regulation of installations or parts of a cross-border energy supply network, to the extent that: this energy supply network is, to a large extent, outside the scope of this law, and the installation or part of the energy supply network within the scope of that law is not of sufficient importance to the Domestic energy supply. Sentence 2 shall apply only in so far as the installation or the part of the regulation within the scope of this Act is subject to regulation by a regulatory authority of another Member State and this does not lead to any significant gender-related status of the persons concerned. Similarly, the Bundesnetzagentur may, at the request of a network operator and with the agreement of the regulatory authorities of other Member States concerned, apply the provisions of this Act to installations or parts of a cross-border energy supply networks which are outside the scope of this Act and which have a major importance for domestic energy supply, to the extent that the regulatory authorities of other Member States concerned are subject to a Disregard for regulation and do not lead to any significant gender-related gender (3) In order to strengthen cooperation in regulatory activity, the Federal Network Agency may, with the agreement of the Federal Ministry for Economic Affairs and Energy, conclude general cooperation agreements with regulatory authorities of others Member States shall conclude. (4) The Bundesnetzagentur may, within the framework of cooperation referred to in paragraph 1, be responsible for the regulatory authorities of other Member States, the Agency for the Cooperation of Energy Regulators and the European Commission. for the fulfilment of the duties of these authorities under the law of the European Union shall transmit the necessary information to the extent necessary to enable those authorities to carry out their duties under the law of the European Union. The Bundesnetzagentur shall identify confidential information in the transmission of information referred to in the first sentence. (5) Insofar as the Bundesnetzagentur, in the framework of cooperation referred to in paragraph 1, information from the regulatory authorities of others Member States, the Agency for the Cooperation of Energy Regulators or the European Commission, shall ensure that all information, which is confidential, is handled in a confidential way. The Federal Network Agency shall be bound by the same degree of confidentiality as the issuing authority or the authority which has collected the information. The rules on mutual legal assistance in criminal matters, as well as mutual legal and legal assistance agreements, remain unaffected. Unofficial table of contents

Section 57a Review procedure

(1) The Bundesnetzagentur may request an opinion from the Agency for the Cooperation of Energy Regulators for an opinion on whether a decision taken by another national regulatory authority in accordance with the Directive 2009 /72/EC, Directive 2009 /73/EC, Regulation (EC) No 714/2009, Regulation (EC) No 715/2009, or the guidelines adopted pursuant to those provisions. (2) The Federal Network Agency may decide to take any decision of the European Commission in respect of: Regulatory authority of another Member State with a view to the to submit for an examination within two months from the date on which the decision in question has been taken, if it considers that the decision of the other regulatory authority does not apply to the decisions taken pursuant to the Directive 2009 /72/EC, Directive 2009 /73/EC, Regulation (EC) No 714/2009 or Regulation (EC) No 715/2009 is in accordance with the guidelines. (3) The Federal Network Agency shall have the power to amend any decision of its own retrospectily to the extent that: this is necessary in order to provide an opinion of the Agency for the cooperation of the Energy regulators in accordance with Article 39 (2) of Directive 2009 /72/EC or Article 43 (2) of Directive 2009 /73/EC or Article 7 (4) of Regulation (EC) No 713/2009. § § 48 and 49 of the Administrative Procedure Act shall remain unaffected. (4) The Federal Network Agency shall have the power to make any own decision at the request of the European Commission pursuant to Article 39 (6) (b) of Directive 2009 /72/EC or Article Article 43 (6) (b) of Directive 2009 /73/EC should be amended or repealed retrospectively. (5) The rules on mutual assistance in criminal matters, as well as mutual legal and legal assistance agreements, shall remain unaffected. Unofficial table of contents

Section 58 Cooperation with the antitrust authorities

(1) In the cases of § 65 in conjunction with § § 6 to 6b, 7 to 7b and 9 to 10e, § 25 sentence 2, § 28a para. 3 sentence 1, § 56 in conjunction with Article 17 (1) (a) of Regulation (EC) No 714/2009 and of decisions that are after a legal regulation pursuant to § 24 sentence 1 no. 2 in conjunction with sentence 2 no. 5, the Bundesnetzagentur decides in agreement with the Federal Cartel Office, but with regard to the decision in accordance with § 65 in conjunction with § § 6 bis 6a, 7 to 7b and 9 to 10e only in respect of the determination of the pledge and with regard to the Decision in accordance with Section 28a (3) sentence 1, the agreement is only required with regard to the condition of the conditions of § 28a (1) No. 1. If the Federal Network Agency takes decisions in accordance with the provisions of Part 3, it shall give the Federal Cartel Office and the Land Regulatory Authority, in the province of which the registered office of the network operator concerned is situated, in good time before the conclusion of the (2) Performs the antitrust authority in the area of the supply of electricity and gas in accordance with Articles 19, 20 and 29 of the Act, in accordance with the Law on Competition Restrictions. Restrictions on competition, Article 102 of the Treaty on the Functioning of the In accordance with Article 40 (2) of the Act, the Federal Network Agency shall give the Bundesnetzagentur an opportunity to comment in good time before the end of the procedure. (2a) Paragraph 2 shall apply accordingly if the Federal Agency for Economic Affairs and Social Affairs The Federal Network Agency is working with the European Commission to carry out competitive investigations by the European Commission in the field of electricity or gas supply. The European Commission in the field of line-bound Supply of electricity and gas together. (3) Bundesnetzagentur and Bundeskartellamt (Bundesnetzagentur) and Bundeskartellamt (Bundesnetzagentur und Bundeskartellamt) act on a uniform interpretation of this law that is consistent with the law against restrictions on competition. (4) The regulatory authorities and the antitrust authorities may, irrespective of the type of procedure chosen, exchange information with each other, including personal data and business secrets, to the extent that this is necessary for the performance of their respective tasks. , as well as the use of these in their procedures. Prohibition of proof of exploitation shall remain unaffected. Unofficial table of contents

Section 58a Cooperation for the implementation of Regulation (EU) No 1227/2011

(1) For the implementation of Regulation (EU) No. 1227/2011, the Federal Network Agency cooperates with the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht), with the Bundeskartellamt (Bundeskartellamt) as well as with the Exchange Supervisory Authorities and the Trade Surveillance Authority (TSOs). (2) The Federal Network Agency and the market transparency office established there, the Bundesanstalt für Finanzdienstleistungsaufsicht, the Bundeskartellamt, the Exchange Supervisory Authorities and the Trade Surveillance Authority have each other independently of each other. Type of procedure such information, observations and findings, including personal data, as well as operational and business secrets required for the performance of their respective tasks. You can use this information, observations, and findings in your procedures. (3) A right of access to the official information referred to in paragraph 2 and in Article 17 of Regulation (EU) No 1227/2011 is available in accordance with the provisions of Article 17 (3) of Regulation (EU) No 1227/2011 (4) The Bundesnetzagentur may, pursuant to Article 29 (1) of Regulation (EU) No 1227/2011, lay down more detailed provisions for the implementation of Regulation (EU) No 1227/2011, in particular with regard to the obligation to publish information in accordance with Article 29 (1) of the Treaty Article 4 of Regulation (EU) No 1227/2011, on the registration of market participants Article 9 (4) and (5) and for the data declaration referred to in Article 8 (1) or (5) of Regulation (EU) No 1227/2011, unless the European Commission is required to comply with the provisions of Article 8 (2) or (6) of Regulation (EU) No 1227/2011. 1227/2011. Provisions concerning the data reporting requirements laid down in Article 8 of Regulation (EU) No 1227/2011 shall be established with the consent of the market transparency body. Unofficial table of contents

Section 58b Participation of the Federal Network Agency and communications in criminal matters

(1) The Public Prosecutor's Office shall inform the Federal Network Agency of the initiation of an investigation procedure concerning the offences referred to in § 95a or § 95b. If experts are required in the investigation procedure, expert employees of the Federal Network Agency can be consulted. If the Public Prosecutor's Office considers that the proceedings are to be stopped, it must be heard by the Federal Network Agency. (2) The Federal Network Agency shall inform the Federal Network Agency of the date of the main hearing in proceedings concerning the offences referred to in § 95a or § 95b. (3) The Federal Network Agency shall be granted access to the file on request, unless the legitimate interests of the person concerned are in breach of or the investigative success of the investigation is endangered thereby. (4) In criminal proceedings, the offences in accordance with § 95a or § 95b, the Federal Network Agency shall be in the case of the survey the public action shall:

1.

the indictup or an application to be sent to its place;

2.

the request for the adoption of a criminal order; and

3.

the final decision on the grounds of the procedure; if an appeal has been brought against the decision, it shall be forwarded, with reference to the decision.

In proceedings for recklessly committed offences, the Bundesnetzagentur shall be informed of the transfers specified in paragraphs 1 and 2 only if decisions or other measures are immediately taken from the point of view of the transferring body of the Federal Network Agency.

Section 2
Federal Authorities

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§ 59 Organisation

(1) The decisions of the Federal Network Agency pursuant to this Act shall be taken by the decision-making chambers. Sentence 1 shall not apply to the preparation and verification of catalogues of security requirements pursuant to § 11 (1a) and (1b), the collection of fees in accordance with § 91, the implementation of the settlement procedure in accordance with Article 21 (3), the data collection for the performance of Reporting obligations, data collection for the performance of tasks pursuant to section 54a (2), decisions relating to the development of bidirectional gas flows in accordance with § 54a (2) in conjunction with Articles 7 and 6 (5) to (7) of Regulation (EU) No. 994/2010 as well as stipulations in accordance with Article 54a (3), second sentence, with the exception of provisions relating to: Cost allocation, decisions relating to the monitoring of wholesale energy markets pursuant to § 56 sentence 1 point 4 in conjunction with Regulation (EU) No 1227/2011 as well as provisions pursuant to § 5b (1) sentence 2 and § 58a (4), measures according to § 94, the tasks according to § § 12a to 12f, 15a, 17b and 17c as well as the requirements for the network status and network expansion reports in accordance with § 14 paragraph 1a sentence 5, approvals pursuant to § 13a (2) and § 13c (1), as well as stipulations in accordance with § 13b (3) and § 13b (3) and § § 13c (1) 13c (3). The decision-making chambers are formed according to the determination of the Federal Ministry for Economic Affairs and Energy. (2) The decision-making chambers decide in the occupation with one or one chairman and two side-seated members. Chairmen and co-chairs must be officials and have the capacity to judge or pursue a higher service career. (3) The members of the decision-making chambers may not hold or run a business of the energy industry, nor do they have any other they may be a member of the board of directors or supervisory board of a company of the energy industry or belong to a government or a legislative body of the federal government or of a country. Unofficial table of contents

Section 60 Tasks of the Advisory Board

The Advisory Board according to § 5 of the Act on the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways has the task of advising the Federal Network Agency in the preparation of the reports pursuant to Section 63 (3). He is entitled to obtain information and comments from the Federal Network Agency. The Federal Network Agency shall be obliged to provide information in this regard. Unofficial table of contents

Section 60a Tasks of the State Committee

(1) The Land Committee according to § 8 of the Law on the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Country Committee) serves the purpose of the coordination between the Federal Network Agency and the Land Regulators with the aim of: (2) Prior to the enactments of general orders, in particular of provisions pursuant to § 29 (1), and administrative provisions, guidelines and comparable informal regulations by the Federal Network Agency in accordance with Parts 2 and 3, the Committee on Land shall be given the opportunity to To give an opinion. In urgent cases, general provisions may be adopted without an opportunity for an opinion to be given to the State Committee; in such cases, the Committee of National States shall be notified subsequently. (3) The Committee on Regional and Economic Affairs is the shall be entitled, in connection with the adoption of general provisions within the meaning of paragraph 2, to obtain information and opinions from the Federal Network Agency. The Federal Network Agency shall be obliged to provide information to this extent. (4) The report of the Federal Network Agency pursuant to Section 112a (1) of the Federal Network Agency for the introduction of incentive regulation shall be drawn up in consultation with the Länder Committee. For this purpose, the Federal Network Agency shall regularly inform the Länder Committee of the status and progress of the work. Paragraph 3 shall apply accordingly. Unofficial table of contents

Section 61 Publication of general instructions of the Federal Ministry for Economic Affairs and Energy

To the extent that the Federal Ministry of Economics and Energy grants general instructions to the Federal Network Agency for the enactment or omission of dispositions under this Act, these instructions shall be published in the Federal Gazette with the reasons for the instructions. Unofficial table of contents

Section 62 Opinion of the Monopolies Commission

(1) The Monopolies Commission shall draw up an opinion every two years in which it shall assess the state of competition and the foreseeable development of competition, and assess whether there is effective competition in the markets for the supply of electricity to the pipeline. Electricity and gas in the Federal Republic of Germany, the application of the provisions of this law on regulation and supervision of competition is acknowledged and on other current competition policy issues of the line-linked supply position with electricity and gas. The opinion is to be completed in the year in which no major opinion is presented under Section 44 of the Law on Competition Restrictions. The Monopolies Commission may inspect the files held by the Federal Network Agency, including operational and business secrets, to the extent that this is necessary for the proper performance of their tasks. § 46 (3) of the Act against restrictions on competition applies accordingly to the confidential handling of the files. (2) The Monopolies Commission shall forward its opinion to the Federal Government. The Federal Government shall submit the opinions referred to in the first sentence of paragraph 1 without delay to the legislative bodies and shall deliver an opinion on them within a reasonable period of time. The opinions will be published by the Monopolies Commission. In the case of opinions referred to in the first sentence of paragraph 1, this shall take place at the time when they are submitted by the Federal Government to the legislative body. Unofficial table of contents

§ 63 Reporting

(1) The Federal Government shall report to the Bundestag until 31 December 2014 and then annually on the expansion of the network, the construction of power plants and replacement investments, as well as energy efficiency and the consequent challenges, and shall submit necessary Recommendations for action. In the preparation of the report according to the first sentence, the Federal Ministry for Economic Affairs and Energy has the powers under § § 12a, 12b, 14 (1a) and (1b), § § 68, 69 and 71. (1a) The Federal Ministry for Economic Affairs and Energy publishes all two No later than 31 July, no later than 31 July, a report on the findings of the monitoring of security of supply in accordance with Section 51 in the field of wired electricity supply, and any measures taken or envisaged, and transmitted the European Commission. (2) The Federal Ministry of Economics and energy shall publish, not later than 31 July each year, a report on the knowledge gained in the monitoring of security of supply in accordance with Article 51 in the field of wired gas supply, and any measures taken or (2a) The Federal Ministry for Economic Affairs and Energy shall publish no later than 31 July 2014 and, in the event of the continuation of the measures, beyond 31 July 2014. also, on 31 July 2016, a report on the effectiveness and necessity of Measures pursuant to § 13 (1a) and (1b), Articles 13a to 13c and 16 (2a). (3) The Bundesnetzagentur publishes annually a report on its activities and in agreement with the Bundeskartellamt, insofar as there are competitive aspects concerned, on the outcome of its monitoring activities and presenting it to the European Commission and to the European Agency for the Cooperation of Energy Regulators. In the report, the report drawn up by the Bundeskartellamt (Bundeskartellamt) in agreement with the Federal Network Agency (Bundesnetzagentur), insofar as aspects of the regulation of the management networks are concerned, is based on the results of its monitoring activities in accordance with § 48 (3) in conjunction with § 53 (3) of the Law on Competition Restrictions. The report contains general instructions from the Federal Ministry for Economic Affairs and Energy in accordance with § 61. (4) The Federal Network Agency may publish in its Official Journal or on its website any information that may be provided to household customers. It can also be important, even if this includes the naming of company names. Other legal provisions, including the protection of personal data and press law, remain unaffected. (4a) (omitted) (5) The Federal Statistical Office shall inform the European Commission every three months in the preceding three Months of imports of electricity in the form of physically flown energy from countries outside the European Union. Unofficial table of contents

Section 64 Scientific advice

(1) The Federal Network Agency may use scientific commissions in order to prepare its decisions or to assess the questions of regulation. Their members must have special economic, economic, consumer-policy, technical or legal experience and scientific knowledge in the field of energy-related energy supply. (2) The Federal Network Agency may continue to provide scientific support in the performance of its tasks. This concerns in particular:

1.

the periodic review of economic, economic, technical and legal developments in the field of energy-related energy supply,

2.

The preparation and further development of the principles for the design of the regulation of the network operation, the rules on the network connection and access as well as the customer and consumer protection.

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Section 64a Cooperation between the regulatory authorities

(1) The Federal Network Agency and the Land Regulators shall support each other in the performance of the tasks assigned to them in accordance with Section 54. This applies in particular to the exchange of the information required for the performance of the tasks set out in the first sentence. (2) The state regulatory authorities shall assist the Federal Network Agency in the performance of the said agency in accordance with § § 35, 60, 63 and 64. The Federal Network Agency shall provide the national regulatory authorities with the appropriate opportunity to participate, to the extent that the tasks of the Land Regulators are affected. This can also be done through the country committee according to § 60a.

Part 8
Procedures and legal protection in the event of excessive legal proceedings

Section 1
Regulatory procedure

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Section 65 Supervisory Measures

(1) The regulatory authority may require undertakings or associations of undertakings to defer conduct which is contrary to the provisions of this Act and to the provisions of this law. It may, for this purpose, impose any necessary remedial measures of a behavior-oriented or structural nature which are proportionate to the infringement found to be proportionate and necessary for an effective delivery of the infringement. Remedial measures of a structural nature can only be determined in the absence of a behaviorally oriented remedy of the same effectiveness or if the latter are of a structural nature with a greater burden on the the undertakings concerned. (2) If a company or an association of undertakings does not comply with its obligations under this Act or the legal regulations adopted pursuant to this Law, the regulatory authority shall arrange for compliance with the obligations. (2a) Operators of transport networks from other than compelling reasons not to be affected by it shall be an investment which, according to the network development plan referred to in § 12c (4) sentence 1 and 3 or § 15a in the following three years after the entry of the In accordance with Section 12c (4) sentence 1 or § 15a (3) sentence 8, the regulatory authority shall not require it to carry out the investment in question, provided that the investment is carried out under On the basis of the latest network development plan, it is still relevant. The regulatory authority may, after the expiry of the period referred to in the first sentence, carry out a tendering procedure for the implementation of the investment concerned. The regulatory authority may lay down more detailed provisions in accordance with Article 29 (1) of the tendering procedure. (3) Where there is a legitimate interest, the regulatory authority may also establish an infringement after it has been established that the regulatory authority has (4) Paragraph 30 (2) remains unaffected. (5) Paragraphs 1 and 2 as well as § § 68, 69 and 71 shall apply mutatily to the supervision of provisions of this Act and of legal provisions adopted pursuant to these provisions by the according to the competent authority of the country, where such competent authority is responsible for monitoring compliance (6) The Bundesnetzagentur (Federal Network Agency) may apply to persons who are in breach of the provisions of Regulation (EU) No 1227/2011. take all the measures referred to in paragraphs 1 to 3 in so far as they are necessary for the enforcement of the provisions of Regulation (EU) No 1227/2011.

Footnote

(+ + + § 65 (2a): For application, see § 17d para. 9 + + +)
Section 65 (2a) sentence 1 italic print: the word "him" should be right "him" Unofficial table of contents

Section 66 Initiation of the procedure, participant

(1) The regulatory authority shall initiate a procedure on its own account or on request. (2) The procedure before the regulatory authority shall involve the participation of the regulatory authority,

1.

who has requested the initiation of proceedings,

2.

natural and legal persons against which the proceedings are directed,

3.

persons and associations of persons whose interests are significantly affected by the decision and which the regulatory authority has attached to its application for the procedure, with the interests of the consumer centres and of others Consumer organisations, which receive public funding, will be significantly affected even if the decision affects a large number of consumers, thereby significantly affecting the interests of consumers as a whole.

(3) The regulatory authority shall also be involved in proceedings before the competent authorities in accordance with the law of the country. Unofficial table of contents

§ 66a Preliminary ruling on jurisdiction

(1) In the event of a participant claiming the local or factual lack of competence of the regulatory authority, the regulatory authority may, in advance, decide on jurisdiction. (2) If a party has failed to assert the local or factual lack of competence of the regulatory authority, a complaint cannot be based on the fact that the regulatory authority has wrongly assumed its competence. Unofficial table of contents

Section 67 Hearing, oral proceedings

(1) The regulatory authority shall have the opportunity to give its opinion. (2) The regulatory authority may, in appropriate cases, give an opinion to representatives of the business circles affected by the proceedings. (3) On request The regulatory authority may hold a public oral hearing on its own account or on its own account. The public shall be excluded for the negotiation or for part of it if it is a threat to public order, in particular to the security of the State, or to the risk of an important operating or business secrecy (4) § § 45 and 46 of the Administrative Procedure Act are to be applied. Unofficial table of contents

Section 68 Investigation

(1) The regulatory authority may conduct all investigations and collect all the evidence required. (2) For the proof by eye, witnesses and experts are § 372 (1), § 376, 377, 378, 380 to 387, 390, 395 to 397, 398 para. 1, § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 401, 402, 404, 404a, 406 to 409, 411 to 414 of the Code of Civil Procedure should not be applied; detention must not be imposed. The Oberlandesgericht (Oberlandesgericht) is responsible for the decision on the appeal. (3) A copy of the testimony is to be included in the testimony of the issuing member of the regulatory authority and, if a document official is present, also is to be signed by the same. The minutes shall be given the place and day of the trial as well as the names of the participants and participants. (4) The minutes shall be read to the witness for approval or to be submitted for his own review. The authorisation granted shall be noted and shall be signed by the witness. (5) In the case of the hearing of experts, the provisions of paragraphs 3 and 4 shall apply. (6) The regulatory authority may ask the local court for the insult of witnesses, if: it deems the insult to be necessary to make a truthful statement. The Federal Network Agency may only store, modify and use personal data communicated to it for the purpose of implementing Regulation (EU) No 1227/2011, insofar as it is intended to fulfil the obligations of the Federal Network Agency for the implementation of the provisions of the (8) The Bundesnetzagentur may also be responsible for the performance of its duties as auditors or auditors for the purposes of the cooperation referred to in Article 7 (2) and Article 16 of Regulation (EU) No 1227/2011. Use experts as administrative helpers in investigations or verifications. Unofficial table of contents

Section 68a Cooperation with the Public Prosecutor's Office

The Federal Network Agency shall immediately notify the competent public prosecutor's office of facts which justify the suspicion of a criminal offence pursuant to Section 95a or § 95b. It may transmit the personal data of the persons concerned, against which the suspicion is directed or which may be considered as witnesses, to the Public Prosecutor's Office, insofar as this is necessary for the purpose of prosecution. The Public Prosecutor's Office shall decide on the taking of the necessary investigative measures, in particular on searches, in accordance with the provisions of the Code of Criminal Procedure. The powers of the Federal Network Agency in accordance with § 56 sentence 2 and § 69 (3) and (11) shall remain unaffected by this

1.

they are necessary for the implementation of administrative measures or for the cooperation referred to in Article 7 (2) and Article 16 of Regulation (EU) No 1227/2011; and

2.

it is not to be expected that the investigation of investigations by the law enforcement authorities or the courts responsible for criminal matters should be jeopardised.

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Section 69 requests for information, right of access

(1) In so far as it is necessary to carry out the tasks assigned to the regulatory authority in this Act, the regulatory authority may, as far as the stock of its decision, be the

1.

require companies and associations of undertakings to provide information on their technical and economic conditions and the publication of documents, including general market studies carried out by the regulatory authority in the course of the implementation of the its tasks entrusted to it, in particular in the assessment or analysis of the conditions of competition or the market situation, and which are owned by the company or by the association of undertakings;

2.

information of undertakings and associations of undertakings on the economic situation of undertakings connected with them pursuant to Article 3 (2) of Regulation (EC) No 139/2004 and of the publication of documents from such undertakings require, in so far as they have the information available, or in so far as they are in a position to obtain the required information on the associated companies, on the basis of existing legal links;

3.

In the case of companies and associations of companies, within the usual business hours, the business documents can be viewed and examined.

In the case of economic and professional associations of the energy industry, the provisions of the first and third sentences of the first subparagraph shall apply in accordance with their activities, statutes and decisions, as well as the number and names of the members for which the decisions are to be taken. (2) The holders of the Undertakings or persons representing them, in the case of legal persons, companies and non-eligible clubs, the persons appointed to represent them by law or by statute, shall be obliged to issue the documents required to: to supply the information required for the purposes of Submit inspection and examination of these business documents as well as the entering of business premises and land during normal business hours. (3) Persons who are from the regulatory authority with the taking of exams , shall be authorised to enter premises, offices and offices of undertakings and associations of undertakings during the normal business hours. Entering is outside this period or when the premises are located in an apartment without consent only to the extent permitted and condoned in so far as to prevent urgent threats to public security and public order and, as provided by the person responsible for providing information, evidence of a breach of Articles 3 or 5 of Regulation (EU) No 1227/2011. The fundamental right of Article 13 of the Basic Law is restricted to this extent. (4) searches can only be carried out on the order of the local court in whose district the search is to be carried out. Searches shall be admissible if it is to be presumed that there are documents in the rooms concerned that the regulatory authority referred to in paragraph 1 is allowed to inspect, examine or request. § § 306 to 310 and 311a of the Code of Criminal Procedure are applicable to the challenge of this order. In the event of danger in the case of danger, the persons referred to in paragraph 3 may carry out the necessary searches without a judicial order during the business period. A minutes shall be recorded on the spot on the search and its essential result, from which, if a judicial order has not been issued, it shall also give rise to the facts which have led to the adoption of a danger in the course of the proceedings. The fundamental right of inviolability of the home (Article 13 (1) of the Basic Law) is restricted to this extent. (5) Objects or business documents may be taken into custody to the extent necessary or, if they are not voluntary will be confiscated. Upon completion of the search, a list of items taken into custody or hardware, if this is not the case, must be given to the person concerned by the search. (6) For information, Refusing to answer any such questions, the answers to which they themselves or in § 383 (1) (1) to (3) of the Code of Civil Procedure of the Civil Procedure Code (Civil Procedure Code) of the risk of criminal prosecution or of proceedings under the Law on Administrative Offences by default. The knowledge and documents obtained by means of information or measures referred to in paragraph 1 may be used for the purpose of a taxation procedure or a fine on the grounds of unlawfulness or an infringement of a foreign exchange, and for a procedure relating to a procedure for: § § 93 (5) in conjunction with § 105 (1) and Section 116 (1) of the Tax Code are not applicable in this respect. Sentence 2 shall not apply to proceedings in respect of a tax offence and to a related taxation procedure where there is a compelling public interest in the implementation thereof or, in the case of intentionally false information, of the (7) The Federal Network Agency shall request the information provided for in paragraph 1 (1) by a decision, the State regulatory authority shall request it by means of a written individual order. (8) The Bundesnetzagentur (Bundesnetzagentur) shall order the examination referred to in the first sentence of paragraph 1 by order of decision, with the following: Consent of the President or of the President, the State Regulatory Authority, by means of a written individual order. The arrangement shall indicate the time, legal basis, subject-matter and purpose of the examination. (9) Insofar as audits have resulted in a breach of orders or decisions of the regulatory authority, the undertaking of the regulatory authority shall have the following: to reimburse the costs of such tests. (10) In circumstances where circumstances suggest that competition is impaired or distorted within the scope of this law, the regulatory authority may investigate a particular sector of the economy, or of a particular type of agreement or behavior. In the context of this investigation, the regulatory authority may require the undertakings concerned to supply the information necessary for the enforcement of this law and Regulation (EC) No 1228/2003, and to carry out the necessary investigations into that law. . Paragraphs 1 to 9 as well as Articles 68 and 71 and 72 to 74 shall apply. (11) The Federal Network Agency may require all natural and legal persons to provide information and the issueof documents, as well as to invite and hear persons, where there is evidence that this is necessary for the monitoring of compliance with Articles 3 and 5 of Regulation (EU) No 1227/2011. It may, in particular, require the indication of changes in the stock of wholesale energy products, as well as information on the identity of other persons, in particular the contracting entities and persons entitled to or who are entitled to do so from the business. Paragraphs 1 to 9 as well as Articles 68 and 71 and 72 to 74 shall apply. Legal information and non-disclosure rights as well as legal confidentiality obligations remain unaffected. Unofficial table of contents

Section 70 Seizure

(1) The regulatory authority may seize objects which may be considered as evidence for the determination of meaning. The seizure shall be notified without delay to the person concerned. (2) The regulatory authority shall, within three days, seek the judicial confirmation of the local court in whose district the seizure has been made, if at the time of the Seizure neither of the persons concerned nor of an adult member was present or if the person concerned and, in the event of his absence, an adult member of the person concerned has expressly objected to the seizure of the seizure. (3) The person concerned may at any time be able to oppose the seizure by the judicial authorities. Search for a decision. He is to be lecturing on this. The court in charge of the application shall decide on the application. (4) The appeal shall be admissible against the judicial decision. § § 306 to 310 and 311a of the Code of Criminal Procedure apply accordingly. Unofficial table of contents

Section 71 Business or business secrets

In order to secure their rights in accordance with Section 30 of the Administrative Procedure Act, all persons who are obliged to submit information under this Act shall label those parts immediately after the submission, the operating or Trade secrets are included. In this case, they must also submit a version which, in their view, can be viewed without the disclosure of operational or commercial secrets. If this is not the case, the regulatory authority may issue its consent to the inspection, unless it is aware of particular circumstances which do not justify such a presumption. If the regulatory authority considers the identification of the documents to be unauthorised as an operational or trade secret, it must consult the referring persons before deciding on the granting of inspection to third parties. Unofficial table of contents

Section 71a Net charges of pre-stored network levels

To the extent that charges for the use of upstream network levels are included in the network charge of the distribution system operator, they shall be based on the national regulatory authorities, unless otherwise provided by an immediately enforceable or the final decision of the Bundesnetzagentur or a final judgment has been established. Unofficial table of contents

Section 72 Preliminary orders

The regulatory authority may take interim measures until the final decision is taken. Unofficial table of contents

Section 73 Proceed of Procedure, Justification of Decision, Delivery

(1) Decisions of the regulatory authority shall be justified and shall be notified to the parties concerned, in accordance with the provisions of the Administrative Appointing Act, by means of a notification of the legal remedy admissible. Section 5 (4) of the Administrative Appointing Act and Section 178 (1) (2) of the Code of Civil Procedure shall be applied accordingly to companies and associations of undertakings. Decisions taken in respect of a company domiciled abroad shall provide the regulatory authority of the person appointed by the regulatory authority to the regulatory authority as authorised in the territory of the country. If the company has not designated an authorised person domesticated, the regulatory authority shall make the decisions by means of a notice in the Federal Gazette. (1a) Decisions of the Federal Network Agency shall be determined by definition in accordance with § 29 Paragraph 1, or by a decision pursuant to paragraph 29 (2), shall be taken in relation to all or a group of network operators or other pledges of a provision, the service referred to in the first sentence of paragraph 1 may be replaced by public notice . The publication shall be made public by the fact that the operative part of the decision or the decision of the amendment, the right of appeal and a reference to the publication of the complete decision on the website of the Federal Network Agency shall be published in the Official Journal of the Federal Network Agency. The decision or the amending decision shall be deemed to have been delivered on the date on which two weeks have elapsed since the date of the notice in the Official Journal of the Bundesnetzagentur, and shall be referred to in the notice. Section 41 (4) sentence 4 of the Administrative Procedure Law applies accordingly. For decisions of the Federal Network Agency in requests for information to a group of companies, the rates 1 to 5 shall apply accordingly, insofar as the decisions are based on a uniform purpose of information. (2) Insofar as a procedure does not apply to a decision to be notified to the parties referred to in paragraph 1 shall be notified in writing to the parties concerned. (3) The regulatory authority may, at its reasonable discretion, charge the costs of an increase in the amount of the evidence . Unofficial table of contents

Section 74 Publication of procedural instructions and decisions

The initiation of proceedings pursuant to Article 29 (1) and (2) and decisions of the regulatory authority on the basis of Part 3 shall be published on the Internet site and in the Official Journal of the Regulatory Authority. Decisions may also be published by the regulatory authority.

Section 2
Complaint

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§ 75 Admissibility, jurisdiction

(1) The appeal shall be admissible against decisions of the regulatory authority. It may also be based on new facts and evidence. (2) The appeal is due to the parties involved in the proceedings before the regulatory authority. (3) The appeal is also against the omission of a requested decision of the regulatory authority shall, upon the adoption of which the applicant asserts a legal claim. The omission shall also be deemed to be omission if the regulatory authority has not, without sufficient reason, divorced the application for the adoption of the decision without sufficient reason. The omission shall then be deemed to be the same. (4) The appeal shall be made exclusively by the Oberlandesgericht (Oberlandesgericht), which is responsible for the seat of the regulatory authority, and in the cases of § 51 exclusively for the seat of the competent authority. Federal Network Agency competent Higher Regional Court, even if the complaint is directed against a disposition of the Federal Ministry for Economic Affairs and Energy. Section 36 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 76 postponing effect

(1) The appeal does not have suspensive effect unless a decision is taken by the contested decision to enforce the obligations under sections 7 to 7b and 8 to 10d. (2) If a decision is to be taken by which a decision to enforce the obligations under the terms of § § 7 to 7b and 8 to 10d is not taken. The appeal court may order that the decision under appeal shall enter into force in whole or in part only after the conclusion of the appeal procedure or after the performance of a security. The order may be cancelled or amended at any time. (3) § 72 shall apply in accordance with the proceedings before the Appeal Court. This does not apply to the cases of § 77. Unofficial table of contents

Section 77 Order of immediate enforcement and the suspenseous effect

(1) In the cases referred to in Article 76 (1), the regulatory authority may order the immediate enforcement of the decision if it is offered in the public interest or in the overriding interest of a participant. (2) The order referred to in paragraph 1 may be (3) Upon request, the Appeal Court may, in whole or in part, restore the suspensive effect, if:

1.

the conditions for the order referred to in paragraph 1 have not been fulfilled or are no longer available, or

2.

there are serious doubts as to the legality of the contested decision; or

3.

full education would result in an undue hardship that would not be offered by overriding public interests.

In cases where the complaint has no suspensive effect, the regulatory authority may suspend the enforcement. The suspension shall be suspended if the conditions set out in sentence 1 (3) are met. The appeal court may, on application, order the suspensive effect in whole or in part if the conditions set out in sentence 1 (2) or (3) are fulfilled. (4) The application referred to in the first or fourth sentence of paragraph 3 shall be admissible before the filing of the appeal. The facts to which the application is based shall be made credible by the applicant. If the decision of the regulatory authority has already been taken, the court may also order the annulment of the enforcement order. The restoration and the arrangement of the suspenseable effect may be made conditional on the performance of a security or other conditions. They may also be limited in time. (5) Decisions referred to in the first sentence of paragraph 3 and decisions on requests pursuant to the fourth sentence of paragraph 3 may be amended or repealed at any time. Unofficial table of contents

Section 78 Deadline and form

(1) The complaint shall be submitted to the regulatory authority in writing within one month. The time limit shall begin with the notification of the decision of the regulatory authority. It is sufficient if the appeal is received by the appeal court within the time limit. (2) If no decision is taken on an application, the appeal is not bound by any time limit. (3) The appeal is to be justified. The time limit for the statement of grounds of appeal is one month; it begins with the filing of the appeal and may, upon request, be extended by the chairman or the chairman of the appeal court. (4) The statement of grounds of appeal must contain

1.

the explanation of the extent to which the decision is challenged and its amendment or repeal is requested,

2.

an indication of the facts and evidence on which the complaint is based.

(5) The notice of appeal and the statement of grounds of appeal must be signed by a lawyer; this does not apply to complaints from the regulatory authority. Unofficial table of contents

Section 79 Participants in appeal proceedings

(1) The proceedings before the Appeal Court shall involve:

1.

the complainant,

2.

the regulatory authority,

3.

Persons and associations of persons whose interests are significantly affected by the decision and which the regulatory authority has attached to its application for the procedure.

(2) The appeal against a decision by a competent authority in accordance with the law of the country is also involved in the proceedings of the regulatory authority. Unofficial table of contents

§ 80 Anwaltszwang

Before the appeal court, the parties must be represented by a lawyer acting as an authorized representative. The regulatory authority may be represented by a member of the Authority. Unofficial table of contents

§ 81 Oral proceedings

(1) The Board of Appeal decides on the appeal on the basis of oral proceedings; with the consent of the parties concerned, it can be decided without oral proceedings. (2) If the parties are in the process of negotiation, despite the right time of the hearing. Notification not appearing or being represented, however, can be negotiated and decided in the case. Unofficial table of contents

Section 82 Investigation principle

(1) The Board of Appeal shall investigate the facts of its own motion. (2) The Chairman or the Chairperson shall seek to remove formal errors, explain unclear applications, submit relevant applications, supplement insufficient actual information, and further (3) The Board of Appeal may give up the parties to submit their comments within a time-limit to be determined on the points in need of information, to identify evidence and to hold documents in its hands, as well as other Evidence to be provided. In the event of a failure to meet the deadline, it is possible to decide on the situation of the matter without taking into account the documents which have not been provided. (4) If the requirement pursuant to section 69 (7) or the order pursuant to section 69 (8) is challenged with the appeal, the regulatory authority to provide a credible indication of the actual evidence. Section 294 (1) of the Code of Civil Procedure shall apply. Unofficial table of contents

Section 83 Appeal decision

(1) The Board of Appeal shall decide by a decision on its free conviction, which is obtained from the overall result of the proceedings. The decision may only be based on facts and evidence to which the parties have been able to express their views. The Board of Appeal may derogate from this, if, for important reasons, in particular for the purpose of safeguarding operational or business secrets, the appellants have not been granted access to the file and the contents of the file have not been made available for these reasons. is. This does not apply to those invited who are involved in the legal relationship in dispute in such a way that the decision can only be given to them in a uniform manner. (2) If the appeal court considers the decision of the regulatory authority to be inadmissible or unfounded, it shall lift it up. If the decision has previously been taken by withdrawal or otherwise, the appeal court shall, on request, claim that the decision of the regulatory authority has been inadmissible or unfounded if the appellant is a (3) If a decision has been taken in accordance with § § 29 to 31 because of a subsequent change in the actual circumstances or in any other way, the appeal court shall, at the request of the Appeal Court, whether, in the case of the extent to which the decision was based and the date on which the decision was taken. (4) the appeal court refusing or omission of the decision inadmissible or unfounded, it shall declare the obligation of the regulatory authority to make the decision requested. (5) The decision shall also be inadmissible or unfounded, where the regulatory authority has exercised its discretion in a miserable manner, in particular if it exceeds the legal limits of discretion or violates the meaning and purpose of that law by the discretionary decision (6) The decision shall be justified and shall be subject to the right of appeal. To be notified. Unofficial table of contents

Section 83a remedial action in the event of violation of the right to be heard

(1) The proceedings shall be continued on the complaint of a party complained of by a court decision, if:

1.

an appeal or any other appeal against the decision is not given and

2.

the Court of First Instance infringed the right of that party to be heard in a substantial manner in a decision-making manner.

The complaint does not take place against a decision which precedes the decision. (2) The complaint must be made within two weeks of knowledge of the infringement of the legal hearing; the date of the acquisition of knowledge shall be credible. After the expiry of a year since the contested decision has been announced, the complaint can no longer be levied. Decisions notified in a formless form shall be deemed to have been notified to the post of mail with the third day after the assignment. The complaint shall be made in writing or in the minutes of the official of the Office of the Office of the Court of First Instance, whose decision shall be attacked. The complaint must indicate the decision taken and the existence of the conditions set out in the first sentence of the first sentence of paragraph 1. (3) The other parties concerned shall, if necessary, be given the opportunity to comment. (4) Is the beet not shall be rejected as inadmissible or not in the legal form or by a period of time. If the beet is unfounded, the court rejects it. The decision shall be taken by means of an indisputable decision. The decision is to be briefly explained. (5) If the complaint is well founded, the court will assist the court by continuing the proceedings, insofar as this is necessary on the basis of the complaint. The procedure shall be returned to the situation in which it was before the end of the oral proceedings. In the written procedure, the date of the oral proceedings shall be replaced by the date until the pleadings may be filed. § 343 of the Code of Civil Procedure is to be applied for the judgment of the Court of First Instance. (6) § 149 (1) sentence 2 of the Administrative Court order must be applied accordingly. Unofficial table of contents

Section 84 File inspection

(1) The parties referred to in Article 79 (1) (1) and (2) and (2) may inspect the files of the Court of First Instance and may, by means of the place of business, obtain copies, extracts and copies of their costs. Section 299 (3) of the Code of Civil Procedure shall apply in accordance with the provisions of Article 299 (3) of the Code of Civil Procedure. (2) View in the case of acts, conacts, expert opinions and information shall be admissible only with the consent of the bodies to which the files belong or who have obtained the statement. The regulatory authority shall refuse to consent to the inspection of its documents, insofar as this is necessary for important reasons, in particular for the purpose of safeguarding operational or business secrets. If the inspection is rejected or is inadmissible, these documents may only be used for the decision in so far as their content has been put forward. The appeal court may, after hearing the person concerned by the disclosure, disclose facts or evidence whose secrecy is required for important reasons, in particular for the purpose of safeguarding business or commercial secrets. , by order, in so far as it is important for the decision to take these facts or evidence, do not have other means of clarifying the facts and, after weighing all the circumstances of the individual case, the importance of the matter is the interest of the Affected by secrecy outweighs. The decision shall be justified. In the proceedings referred to in the fourth sentence, the person concerned shall not have to be represented by a lawyer. (3) The appeal court may, after hearing the right of disposal, grant access to the file on the same scale to the parties referred to in § 79 (1) (3). Unofficial table of contents

§ 85 Validate of provisions of the Law of the Court of Justice and of the Code of Civil Procedure

In the case of proceedings before the Appeal Court, unless otherwise specified, the following shall apply:

1.

the provisions of § § 169 to 201 of the Law of the Judicial Constitution on the public, the sitting police, court language, consultation and voting, as well as the legal protection in the case of excessive legal proceedings;

2.

the rules of the Code of Civil Procedure on the exclusion and rejection of a judge, on process authorised agents and advisers, on the delivery of officialfunctions, on charges, dates and time limits, on the order of personal apparition of the parties, on the connection of several processes, on the execution of the witness and expert's proof, as well as on the other types of evidence, on the reinstatement of the previous stand against the failure of a time limit.

Section 3
Legal complaint

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Section 86 Legal complaints

(1) In the case of the decisions of the Higher Regional Courts issued in the main proceedings, the appeal to the Federal Court of Justice shall take place if the Higher Regional Court has admitted the appeal. (2) The appeal is to be permitted if:

1.

a legal matter of fundamental importance must be decided or

2.

requires the further training of the law or the assurance of a uniform case-law of a decision of the Federal Court of Justice.

(3) The decision of the Higher Regional Court shall be subject to the admission or non-authorisation of the legal complaint. The reasons for non-authorisation are to be justified. (4) An admission to the lodging of the appeal against decisions of the Board of Appeal shall not be required if one of the following defects of the proceedings is present and is rumors:

1.

if the court decided not to have been filled in accordance with the rules,

2.

if a judge has taken part in the decision, who has been excluded from the exercise of the judge's office by law or who was successfully refused because of the concern of the partiality,

3.

if a party had failed to hear the legal hearing,

4.

if a party was not represented in the proceedings in accordance with the provisions of the law, unless he expressly or implicitly consented to the conduct of the proceedings,

5.

if the decision has been taken on the basis of oral proceedings in which the rules on the public of the proceedings have been infringed, or

6.

if the decision is not reasoned.

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Section 87 Non-admission complaint

(1) Non-admission of the legal complaint can be appealed independently by means of non-admission proceedings. (2) The Federal Court of Justice decides on the non-admissibility complaint by decision which is to be justified. The decision can be taken without oral proceedings. (3) The non-admission complaint must be submitted in writing to the Higher Regional Court within one month. The period begins with the notification of the contested decision. (4) For the non-admission proceedings, § § 77, 78 (3), 4 (1) and (5), § 79, 80, 84 and 85 No. 2 of this Act as well as § § 192 to 201 of the Law of the Court of Justice shall apply. on consultation and voting, as well as on legal protection in the event of excessive legal proceedings. The Board of Appeal is responsible for the adoption of interim measures. (5) If the appeal is not admitted, the decision of the Oberlandesgericht will be final with the notification of the decision of the Federal Court of Justice. If the legal complaint is admitted, the decision of the Federal Court of Justice shall begin to be notified of the course of the appeal period. Unofficial table of contents

Section 88 Board of Appeal, Form and deadline

(1) The appeal shall be made by the regulatory authority and the parties to the appeal proceedings. (2) The appeal may only be based on the fact that the decision is based on an infringement of the law; the § § 546, 547 of the The Civil Procedure Code shall apply accordingly. (3) The appeal shall be submitted in writing to the Higher Regional Court within one month. The period begins with the notification of the contested decision. (4) The Federal Court of Justice shall be bound by the actual findings made in the contested decision, except where, in relation to these findings, the Court of Justice has admissible and (5) § § 76, 78 (3), 4 (1) and (5), § § 79 to 81 as well as § § 83 to 85 shall apply mutas to the legal proceedings. The Board of Appeal shall be responsible for the adoption of interim measures.

Section 4
Common provisions

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Section 89 Participant capacity

In addition to natural and legal persons, the ability to participate in proceedings before the regulatory authority, in the appeal proceedings and in the appeal proceedings, are also non-legal persons ' associations. Unofficial table of contents

Section 90 Costing and fixing of costs

In the appeal proceedings and in the appeal proceedings, the court may order that the costs which were necessary for the appropriate execution of the matter shall be reimbursed in whole or in part by a party if that is the case. Image quality. If a participant has caused costs by means of an unfounded legal remedy or by gross negligence, the costs shall be incurred by him. Moreover, the provisions of the Code of Civil Procedure on the procedure for the fixing of costs and the enforcement of cost-fixing decisions shall apply mutatily. Unofficial table of contents

§ 90a Electronic document delivery

§ 130a (1) and (3) and § 133 (1) sentence 2 of the Code of Civil Procedure shall apply in the appeal proceedings and in the appeal proceedings, with the proviso that the parties may participate in electronic legal transactions in accordance with Section 89. The Federal Government and the national governments shall determine the date on which electronic documents can be submitted to the courts and the appropriate form for the processing of the documents in their area by means of a legal regulation. The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation. The approval of the electronic form may be restricted to individual courts or procedures. Unofficial table of contents

Section 91 Fees subject to fees

(1) The regulatory authority shall charge the following chargeable services charges (fees and expenses):

1.

Certifications in accordance with § 4a (1);

2.

Subsaiings in accordance with § 5 sentence 4;

3.

Official acts pursuant to Section 33 (1) and Article 36 (2) sentence 3;

4.

Official acts pursuant to Sections 12a, 12c, 15a, 17c, 17d, 21a, 23a, 28a (3), § 29, 30 (2), 57 (2) sentences 2 and 4, § § 65 and 110 (2) and (4), and Article 17 of Regulation (EC) No 714/2009;

5.

Official acts pursuant to Article 31 (2) and (3);

6.

Official acts pursuant to § 12g (3), § § 21i and 24 sentence 1 (3);

7.

official acts on the basis of Regulation (EC) No 714/2009, Regulation (EC) No 715/2009, and Regulation (EU) No 994/2010;

8.

the issuing of certified copies from the acts of the regulatory authority and the publication of data in accordance with Article 12f (2);

9.

Registration of market participants in accordance with Article 9 (1) of Regulation (EU) No 1227/2011.

In addition, the expenses for further copies, copies and excerpts, as well as the amounts to be paid in the appropriate application of the Justice and Compensation Act, will be charged. (2) Fees and expenses shall also be charged if: an application for an official act referred to in paragraph 1 is rejected. If an application is withdrawn or, in the case referred to in the first sentence of paragraph 1, the first sentence of paragraph 5 is declared to be completed on both sides before it is decided, half of the fee shall be paid. (3) The rates shall be calculated in such a way as to ensure that the rates of charge are to be paid. Related costs are covered. In addition, the economic value of the subject of the fee-paying action may be taken into account. If, in individual cases, the amount is exceptionally high after the first sentence, the fee may be reduced for reasons of equity. (4) For the payment of multiple similar acts of the same kind, flat-rate fees may be charged to the minor extent of the amount of the (5) Fees may not be levied

1.

for oral and written information and suggestions;

2.

if they did not come into being if the case was properly dealt with.

(6) Cost debtor is

1.

(dropped)

2.

in the cases referred to in the first sentence of paragraph 1 (1) to (4), (6) and (7), who has caused the activity of the regulatory authority by an application, or the person who has received the regulatory authority ' s disposal;

2a.

in the cases referred to in the first sentence of paragraph 1, point 5 of the applicant, if the application is rejected, or the network operator has received an order pursuant to Article 31 (3); if the application is partially rejected, the costs shall be proportionate , the costs may be entirely imposed on a party if the other party is to be subject only to a small part; if the parties agree to the case for doing so, they shall bear the costs in equal parts;

3.

in the cases referred to in the first sentence of paragraph 1, point 8, who has led to the production of the copies or the publication of data in accordance with Article 12f (2).

The debtor shall also be liable for the payment of the costs by a declaration issued or notified to the regulatory authority, or who is liable for the cost liability of another power of law. Several debtors shall be liable as the full debtor. (7) A fixing of costs shall be permissible up to the end of the fourth calendar year after the date of the creation of the debt (limitation period of limitation). If a request for cancellation or amendment of the fixing is made before the expiry of the period, the time limit for the fixing of the application shall be halted until such time as the application has been made indisputable. The right to payment of costs shall be barred with the end of the fifth calendar year after the fixing (payment period). In addition, § 20 of the Administrative Costing Act shall apply in the version valid until 14 August 2013. (8) The Federal Ministry of Economics and Energy is authorized to enter into agreement with the Federal Ministry of Finance by means of a legal regulation Approval by the Federal Council of the fees and the charging of fees by the debtor in implementation of the provisions of paragraphs 1 to 6 as well as the reimbursement of the expenses for those referred to in § 73 para. 1 sentence 4 and § 74 sentence 1 To regulate notices and publications as far as the Federal Network Agency is concerned. In this context, it is possible to determine the manner in which the economic value of the object of the respective official act is to be determined. In addition, the Regulation also provides for rules on the free movement of legal persons under public law, on the statute of limitations and on the raising of costs. (8a) For the official acts of the The Federal Ministry for Economic Affairs and Energy is authorized by the Federal Ministry of Economics and Energy, with the consent of the Federal Council, to provide further information on the reimbursement of the costs arising from the proceedings before the regulatory authority in accordance with the principles of § 90 (10) In addition, the Administrative Costing Act shall apply for the performance of the regulatory authority in federal jurisdiction in the version valid until 14 August 2013. Unofficial table of contents

§ 92 (omitted)

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Section 93 Notification of the Federal Network Agency

The Federal Network Agency shall publish an annual overview of its administrative costs and the total amount of levies taken. To the extent necessary, fees and contribution rates shall be adjusted in the regulations according to § 91 (8) and § 92 (3) for the future.

Section 5
Penalties, fines

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§ 94 Forced money

The regulatory authority may enforce its orders in accordance with the rules applicable to the enforcement of administrative measures. The amount of the penalty is at least 1,000 euros and a maximum of ten million euros. Unofficial table of contents

Section 95 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.

operate an energy supply network without authorisation pursuant to Article 4 (1),

1a.

without a certification pursuant to Article 4a (1), first sentence, a transport network,

1b.

Contrary to the first sentence of Article 4c (2) or the second sentence, the regulatory authority shall not, not properly, be informed in full or in time,

1c.

(dropped)

1d.

(dropped)

2.

Contrary to § 5 sentence 1, an advertisement is not reimbursed, not correct, not complete or not in good time,

2a.

(dropped)

3.

a fully-retractable arrangement according to

a)

§ 5 sentence 4, § 12c (1) sentence 2, § 15a (3) sentence 5, § 65 (1) or (2) or § 69 (7) sentence 1, paragraph 8 sentence 1 or paragraph 11 sentence 1 or sentence 2, or

b)

Section 30 (2)

shall be contrary to

3a.

the data referred to in the first sentence of Article 5a (1) shall not be transmitted, not correct, in full or in a timely manner,

3b.

, contrary to § 12b (5), § 12c (5) or § 15a (1) sentence 1, a draft or a network development plan shall not be submitted in time, or

3c.

Contrary to Article 12g (1), third sentence, in conjunction with a legal regulation referred to in paragraph 3, a report shall not be presented, not correct, in full or in good time,

3d.

Contrary to Article 12g (2), in conjunction with a legal regulation referred to in paragraph 3, a safety plan shall not be established, not correct, not complete or not provided in good time, or a security officer shall not be appointed or not determined in good time,

3e.

, contrary to the first sentence of Article 13a (1), an indication is not reimbursed, not correct or not timely,

3f.

contrary to the second sentence of Article 13a (1) or the second sentence of paragraph 2, a plant referred to in that paragraph shall be

4.

Contrary to Section 30 (1) sentence 1, a market position is abused or

5.

a legal regulation in accordance with

a)

§ 17 (3), first sentence, no. 1, sentence 1, sentence 1, or § 27 sentence 5, in so far as the regulation contains obligations relating to communication, secrecy, participation or publication,

b)

§ 17 (3) sentence 1 no. 2, § 21a (6) sentence 1 no. 3, § 24 sentence 1 no. 2 or 3 or § 29 para. 3, or

c)

a legal regulation pursuant to § 49 (4) or § 50

or a enforceable order by virtue of such a decree, to the extent that the legal regulation refers to that fine for a certain amount of the offence.

(1a) Administrative offences are those who are intentional or reckless

1.

, contrary to the first sentence of Article 5b (1) or (2), another person shall be informed or

2.

Contrary to Article 12 (5), a report referred to in paragraph 12 shall not be transmitted, not correct, in full or in time.

(1b) Contrary to Article 5, which is in conjunction with Article 2 (2) (a) of Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 November 2011. On 12 October 2011 on the integrity and transparency of the wholesale energy market (OJ C 139, 30.4.2011, p. 1) on a wholesale energy market. (1c) Contrary to the provisions of Regulation (EU) No 1227/2011, it is in breach of Regulation (EU) No 1227/2011 by deliberately or recklessly

1.

as person referred to in Article 3 (2) (e)

a)

, contrary to Article 3 (1) (b), insider information shall be forwarded to third parties, or

b)

Recommends, contrary to Article 3 (1) (c), of another person, or encourages them to purchase or sell a wholesale energy product,

2.

, contrary to the provisions of Article 4 (1), first sentence, insider information shall not be disclosed, not correct, in full or without delay, as soon as it has gained knowledge,

3.

, contrary to Article 4 (2), second sentence, insider information shall not be transmitted, not correct, in full or in a timely manner,

4.

do not ensure the disclosure of insider information, contrary to the first sentence of Article 4 (3),

5.

the second sentence of Article 4 (3) does not ensure that insider information is disclosed,

6.

Contrary to Article 5, in conjunction with Article 2 (2) (b), first sentence, market manipulation on a wholesale energy market shall be carried out,

7.

, contrary to Article 8 (1), first sentence, in conjunction with a Regulation referred to in the first sentence of Article 8 (2), a record referred to in that paragraph shall not be transmitted, not correct, in full or in time,

8.

the first sentence of Article 8 (5), in conjunction with a regulation referred to in the first sentence of Article 8 (6), does not provide information, not correct, complete or not in good time,

9.

Contrary to Article 15 (1), the Federal Network Agency, as the national regulatory authority, does not, not correct, not fully or not informed in good time.

(1d) Contrary to the provisions of Regulation (EU) No 1227/2011, it is in breach of Regulation (EU) No 1227/2011, by deliberately or negligently

1.

, contrary to Article 9 (1), first sentence, cannot be registered or not registered with the Federal Network Agency in good time; or

2.

, contrary to Article 9 (1), second sentence, it shall be registered with more than one national regulatory authority.

(2) In the cases referred to in paragraph 1 (3f), the administrative offence may be subject to a fine of up to EUR 5 million, in the cases referred to in points 1a, 3 (b), 4 and 5 (b), (1b) and (1) (2) and (6) of paragraph 1, with a fine a fine of up to one million euros, beyond this amount up to three times the amount of the multiple proceeds obtained by the infringement, in the cases referred to in paragraph 1 (5) (a), and (1a) (2) and (1c) (7) and (8) of paragraph 1 (1), a fine of up to ten thousand euros and, in the other cases, punishable by a fine of up to one hundred thousand euros . The amount of the surplus can be estimated. (3) The regulatory authority may lay down general administrative principles on the exercise of its discretion in the assessment of the fine. (4) The limitation period for the prosecution of administrative offences in accordance with Paragraph 1 shall be governed by the provisions of the Law on Administrative Offences. The prosecution of the administrative offences referred to in paragraph 1 (4) and (5) shall be statute-barred in five years. (5) The administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be the competent authority pursuant to Section 54. Unofficial table of contents

Section 95a Penal provisions

(1) A term of imprisonment of up to five years or a fine shall be punishable by the person who enters into an intentional act referred to in Article 95 (1b) or (1c) (6) and thereby acts on the price of a wholesale energy product. (2) shall be punished for who is against Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 June 2011 on the On 12 October 2011 on the integrity and transparency of the wholesale energy market (OJ C 139, 30.4.2011, p. OJ L 326, 8.12.2011, p.

1.

, contrary to Article 3 (1) (a), use insider information, or

2.

As a person referred to in Article 3 (2) (a), (b), (c) or (d) or

a)

, contrary to Article 3 (1) (b), insider information shall be forwarded to third parties, or

b)

, contrary to Article 3 (1) (c) of another person, or tempt it to purchase or sell a wholesale energy product.

(3) In the cases referred to in paragraph 2, the trial shall be punishable. (4) If the offender is reckless in the cases referred to in paragraph 2 (1), the penalty shall be a custodial sentence of up to one year or a fine. Unofficial table of contents

§ 95b Criminal Code

A term of imprisonment of up to one year or a fine shall be punished for which a premeditated act, referred to in Article 95 (1b) or (1c) (2) or (6), is repeated. Unofficial table of contents

Section 96 Competence for procedures relating to the fixing of a fine against a legal person or association of persons

The regulatory authority shall be responsible for procedures relating to the fixing of a fine against a legal person or association of persons (Section 30 of the Code of Administrative Offences) in cases exclusively of those to which:

1.

a criminal offence which also implements the facts of Article 95 (1) (4), or

2.

an intentional or negligent administrative offence in accordance with Section 130 of the Code of Administrative Offences, in which a breach of duty threatened with punishment also materially implements the facts of Section 95 (1) (4) of the Act,

on the basis of This does not apply if the authority issues Section 30 of the Law on Administrative Offences to the Public Prosecutor's Office. Unofficial table of contents

Section 97 competences in the judicial fine procedure

Where the regulatory authority has been acting as the managing authority of the preliminary proceedings, the enforcement of the fine and the amount of money the decay of which has been ordered shall be carried out by the regulatory authority as the executing authority on the basis of one of the the certified certified copy of the judgment in accordance with the provisions relating to the enforcement of fines, issued to the official of the Office of the Court of First Instance, certified in accordance with the certificate of enforceability. The fines and the sums of money whose decay has been ordered shall be paid by the Bundeskasse, which also carries the costs imposed on the treasury. Unofficial table of contents

§ 98 Jurisdiction of the Oberlandesgericht in the judicial proceedings

(1) The Oberlandesgericht (Oberlandesgericht), in whose district the competent regulatory authority has its registered office, decides in the court proceedings for an administrative offence pursuant to § 95; it also decides on a request for a court decision (§ 62 of the German Federal Constitutional Court). Law on Administrative Offences) in the cases of Section 52 (2) sentence 3 and Section 69 (1) sentence 2 of the Law on Administrative Offences. § 140 (1) No. 1 of the Code of Criminal Procedure in conjunction with Section 46 (1) of the Code of Administrative Offences does not apply. (2) The Oberlandesgericht decides in the occupation of three members, including the chairperson of the chairperson. Unofficial table of contents

Section 99 Legal complaint to the Federal Court of Justice

The Federal Court of Justice (Bundesgerichtshof) decides on the legal complaint (§ 79 of the Code of Administrative Offences). If it raises the contested decision without ruling itself in the matter itself, it shall refer the matter back to the Oberlandesgericht, whose decision will be repealed. Unofficial table of contents

Section 100 Readmission procedure against fine-fines

In the case of the retrial of the administrative authority's fine decision (§ 85 (4) of the Law on Administrative Offences), the court decides in accordance with § 98. Unofficial table of contents

Section 101 Judicial decisions on enforcement

The court decisions which become necessary in the case of enforcement (§ 104 of the Code of Administrative Offences) shall be issued by the court having jurisdiction in accordance with Section 98.

Section 6
Civil litigation

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Section 102 Exclusive Jurisdiction of the Regional Courts

(1) In the case of civil disputes arising from this Act, the District Courts shall be solely responsible for the value of the object of the dispute. Sentence 1 shall also apply if the decision of a dispute depends in whole or in part on a decision to be taken under this Act. (2) The litigation shall be commercial matters within the meaning of Articles 93 to 114 of the Court Constitutional Law. Unofficial table of contents

Section 103 Jurisdiction of a district court for several jurisdictions

(1) The State Governments are empowered to assign to a district court a district court for the districts of several district courts by means of a legal regulation, for which, according to § 102, exclusively the regional courts are competent to assign, if one such court A summary of the administration of justice, in particular the safeguarding of a uniform case-law. The State Governments can transfer the authorization to the Land Justice Administrations. (2) State contracts between countries may lead to the jurisdiction of a district court for individual districts or the entire territory of several countries. (3) The parties may, before the courts determined in accordance with paragraphs 1 and 2, also be represented in a lawyer by persons who are admitted to the court of law before which the dispute is without the rules referred to in paragraphs 1 and 2 Would. Unofficial table of contents

Section 104 Notification and participation of the regulatory authority

(1) The court has to inform the regulatory authority of all litigation in accordance with section 102 (1). The Court of First Instance shall, on request, send to the regulatory authority copies of all the pleadings, minutes, dispositions and decisions. (2) The President or the President of the regulatory authority may, if he or she is responsible for the protection of the The members of the regulatory authority shall appoint a representation from the members of the regulatory authority with the power to make written declarations to the court, to refer to facts and evidence, to attend the dates, to make statements in them, and to ask questions on parties, witnesses, and Experts shall be responsible. Written declarations of the representative are to be communicated to the parties by the court. Unofficial table of contents

Section 105 dispute-value adjustment

(1) In a dispute in which a claim is asserted in accordance with § 32, a party credibly shows that the burden of litigation costs after the full dispute would seriously endanger its economic situation, the Order the Court of First instance to order that the obligation of this party to pay legal expenses shall be determined according to a part of the dispute adjusted in accordance with its economic situation. The court may make the order conditional on the party believable that the costs of the lawsuit, which it has to bear, are not directly or indirectly taken over by a third party. The consequence of the arrangement is that the beneficiary party also has to pay the fees of its lawyer only after that part of the dispute. In so far as the costs of the lawsuit are imposed or insofar as it is assumed, it shall reimburse the court fees paid by the opponent and the fees of his attorney only after the part of the dispute. In so far as the extra-judicial costs are imposed on the opponent or taken over by him, the attorney of the beneficiary party may contribute his fees from the opponent in accordance with the dispute in force. (2) The application referred to in paragraph 1 may be before the office of the Court of First Instance, shall be declared a copy. It shall be affixed to the main proceedings before the hearing. Thereafter, it shall be admissible only if the approved or established dispute is subsequently brought up by the court. Before deciding on the application, the opponent is to be heard.

Section 7
Common rules applicable to judicial proceedings

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Section 106 Permanent Senate to the Higher Regional Court

(1) The antitrust proceedings established in accordance with § 91 of the Act against restrictions on competition in the Oberlandesgericht (Oberlandesgericht) decide on the cases assigned to the Higher Regional Courts under this Act and in the cases of § 102 on the appeal (2) § § 92 and 93 of the Act against restrictions on competition shall apply mutagentily. Unofficial table of contents

Section 107 Permanent Senate to the Federal Court of Justice

(1) The antitrust council formed by the Federal Court of Justice in accordance with Section 94 of the Law on Competition Restrictions shall decide on the following remedies:

1.

in administrative matters concerning the appeal against decisions of the Higher Regional Courts (§ § 86 and 88) and on the non-admissions complaint (§ 87);

2.

in fine-fine proceedings concerning the appeal against decisions of the Higher Regional Courts (§ 99);

3.

in civic litigation arising out of this law,

a)

on the revision, including the non-admission complaint against the endurance of the Higher Regional Courts,

b)

on the review of the final parts of the county courts,

c)

on the appeal against decisions of the Higher Regional Courts in the cases of Section 574 (1) of the Code of Civil Procedure.

(2) § 94 (2) of the Act against restrictions on competition applies accordingly. Unofficial table of contents

Section 108 exclusivity

The jurisdiction of the courts appointed under this Act shall be exclusive.

Part 9
Other provisions

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Section 109 Companies of the public sector, scope

(1) This Act shall also apply to companies which are wholly or partly owned or managed by the public authorities. (2) This law applies to all types of conduct that are in force in the the scope of this law, even if it is initiated outside the scope of this law. Unofficial table of contents

Section 110 Closed distribution networks

(1) § 14 (1b), § § 14a, 18, 19, 21a, 22 (1), § § 23a and 32 (2), § § 33, 35 and 52 shall not apply to the operation of a closed distribution system. (2) The regulatory authority classifies a power supply network with which: Energy for the purpose of enabling the supply of customers in a geographically limited industrial or commercial area or in an area in which services are shared, shall be deemed to be a closed distribution network if:

1.

the activities or production processes of the terminal users of this network are linked for specific technical or safety reasons, or

2.

, the network shall primarily distribute energy to the network owner or operator or to undertakings associated with them; the average of the last three calendar years shall be determined; knowledge of future shares shall be guaranteed; consideration.

The classification shall be carried out only if no final consumer purchasing energy for domestic consumption in the household is supplied through the network, or only a small number of such final consumers, if the latter is an employment relationship or an employment relationship. (3) The classification shall be carried out at the request of the network operator. The application must contain the following information:

1.

the company and the registered office of the network operator and the net owner,

2.

Information in accordance with § 27 (2) of the Electricity Network Regulation, or § 27 (2) of the Gas Network Regulation,

3.

the number of household customers who are supplied,

4.

the upstream network, including the voltage or pressure with which the distribution system is connected,

5.

other distribution networks operated by the network operator.

The distribution network shall be deemed to be a closed distribution network from the full application until the decision of the regulatory authority. (4) Each network user of a closed distribution system may carry out a review of the charges by the regulatory authority § 31 shall not apply in this respect. It is presumed that the determination of the network usage fees corresponds to the legal requirements if the operator of the closed distribution system does not demand a higher charge than the operator of the upstream energy supply network for the the use of the energy supply network of general supply at the same network or peripheral level, adjacent to the closed distribution network, and shall limit a number of energy supply networks of general supply at the same level of power supply or resupply, the lowest fee shall be the relevant one. Section 31 (1), (2) and (4) and 32 (1) and (3) to (5) shall apply accordingly. Unofficial table of contents

Section 111 Relationship with the law against restrictions on competition

(1) § § 19, 20 and 29 of the Act against restrictions on competition are not to be applied to the extent that the law or legal regulations adopted pursuant to this Act expressly provide for final regulations. The tasks and responsibilities of the antitrust authorities remain unaffected. (2) The provisions of Part 3 and the legal regulations adopted pursuant to these provisions are final provisions within the meaning of the first sentence of paragraph 1. (3) In proceedings by the antitrust authorities in accordance with Articles 19, 20 and 29 of the Act against restrictions on competition, which concern the prices of energy supply companies for the supply of final consumers, the actual or calculated component of which is Network access charges within the meaning of Article 20 (1) shall be those of operators of Energy supply networks pursuant to Article 20 (1) shall be deemed to be lawfully based, unless otherwise provided by an immediately enforceable or final decision of the regulatory authority or a final final decision. Judgment has been established. Unofficial table of contents

Section 111a Consumer complaints

Energy supply companies, measurement point operators and measurement service providers (companies) are obliged to apply complaints to consumers within the meaning of § 13 of the Civil Code (consumer), in particular for the conclusion of the contract or the quality of the goods. of the company's services (consumer complaints), which relate to the connection to the supply network, the supply of energy and the measurement of energy, within a period of four weeks from access to the company. If the consumer complaint is not remedied by the company, the company has to explain the reasons in writing or electronically and to refer to the dispute settlement procedure in accordance with § 111b. The undertaking concerned with the complaint has other undertakings which are involved in the supply of the complain consumer with regard to the connection to the supply network, the supply of energy or the measurement of the energy, by means of: inform the content of the complaint if these companies are able to remedy the complaint. Unofficial table of contents

Section 111b Schlichtungsstelle, Ordinance empowerment

(1) In order to settle disputes between undertakings and consumers concerning the connection to the supply network, the supply of energy and the measurement of energy, the recognised or commissioned conciliation body may be called upon to settle disputes. If a consumer requests mediation at the conciliation body, the company is obliged to take part in the conciliation procedure. The consumer's request for the initiation of the conciliation procedure shall be admissible only if the undertaking has not remedied the complaint in accordance with Section 111a of the consumer complaint. The Schlichtungsstelle (Schlichtungsstelle) may be other undertakings which are involved in supplying the consumer who requests the application in accordance with the second sentence with regard to the connection to the supply network, to the supply of energy or to the measurement of the energy, as To take part in the dispute settlement procedure. Dispute settlement procedures shall be concluded on a regular basis within three months. The right of the parties to appeal to the courts or to apply for a different procedure under this Act shall remain unaffected. (2) Where a payment procedure has been initiated on account of a claim affected by the conciliation procedure, (3) The Federal Ministry of Economics and Technology may, in agreement with the Federal Ministry of Food, Food, Agriculture and Food, Agriculture and consumer protection a private-sector body as the central conciliation body for the out-of-court settlement of disputes referred to in paragraph 1. The recognition shall be published in the Federal Gazette (Bundesanzeiger). (4) A body organised under private law may be recognised as a court of law in accordance with paragraph 3 if it meets the requirements of Commission Recommendation 98 /257/EC of 30 March 1998 on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputes (OJ L 327, 30.4.2004, p. 1 OJ L 115, 17.4.1998, p. In particular:

1.

shall ensure the independence and impartiality of the conciliators;

2.

that the parties have a right to be heard, in particular with regard to facts and assessments;

3.

the organisational and technical conditions for the implementation of the conciliation procedure are available;

4.

(b) the rapid implementation of the dispute resolution procedure;

5.

the conciliators and auxiliary staff ensure the confidentiality of the information which they receive in the light of the dispute; and

6.

the rules of procedure shall be accessible to interested parties.

(5) The recognised arbitration body shall be obliged to reply to any request for mediation in accordance with paragraph 1 in writing or in electronic form and to justify it. It is obliged to publish an annual activity report. It should regularly publish decisions of general interest to the consumer on their Internet site. (6) The recognised dispute resolution body may, in the case of a dispute settlement procedure, be subject to the undertakings concerned pursuant to the second sentence of paragraph 1 and 4 a charge levied. In the case of clearly abusive applications as referred to in the second sentence of paragraph 1, the consumer may also be required to pay a fee. The amount of the fee must be appropriate in proportion to the effort of the recognised Schlichtungsstelle. (7) As long as no private-law-organized institution has been recognized as the Schlichtungsstelle in accordance with paragraph 4, the Federal Ministry of Education and Research has Economy and technology the tasks of the Schlichtungsstelle by means of legal regulation in agreement with the Federal Ministry of Food, Agriculture and Consumer Protection without the consent of the Federal Council of a Federal Supreme Authority or Federal Institute (commissioned Schlichtungsstelle) and their procedures, and to regulate the collection of fees and levies. Paragraphs 4 and 5 shall apply accordingly. (8) The powers of the regulatory authorities on the basis of this Act and of the antitrust authorities shall remain unaffected on the basis of the Law on Competition Restrictions. Unofficial table of contents

Section 111c Meeting of conciliation procedures and abuse or supervisory procedures

(1) The Schlichtungsstelle (Schlichtungsstelle) is aware of the fact that the operator of a power supply network in connection with the facts on which a request for the execution of a conciliation procedure pursuant to Section 111b is based, is required. Abuse proceedings pursuant to § 30 (2) or a special abuse procedure pursuant to § 31 or against a company (§ 111a sentence 1) a supervisory procedure pursuant to § 65 has been initiated shall be subject to the conciliation procedure. (2) The following shall be the case in point 1 suspended conciliation procedures shall be completed with the conclusion of the abuse procedure, or (3) The conciliation body and the regulatory authorities may, in accordance with the provisions of the German Data Protection Act (Bundesdatenschutzgesetz), provide information, including personal data, on pending conciliation and/or conciliation proceedings. exchange procedures where necessary for the performance of their respective tasks. It is necessary to ensure that the confidentiality of commercially sensitive data within the meaning of Section 6a is respected.

Part 10
Evaluation, final provisions

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Section 112 Evaluation report

The Federal Government has submitted a report to the legislative bodies by 1 July 2007 on the experience and results achieved with the regulation (evaluation report). If the report shows the need for legislative measures, the Federal Government is to make a proposal. The report shall in particular:

1.

contain proposals for network regulation methods which encourage the efficiency of the network operation,

2.

Outline the impact of the legislation on the environmental sustainability of energy supply,

3.

examine the effects of network regulation and of the provisions of Part 4 on the final consumer,

4.

include an assessment of the need for the planning of distribution grid expansion to include authorisation to adopt a regulation to ensure that demand-driven and efficiency-enhancing measures are properly respected;

5.

the conditions relating to the procurement and use of balancing energy and, where appropriate, proposals to improve the procurement procedure, in particular the joint call for rules on cross-rules, and to a possible -cooperation between transmission system operators to further reduce the cost of control energy,

6.

discuss the possibility of introducing a single market area for gas supply networks and examine proposals for the development of a cross-network regulatory zone model for electricity supply networks; and

7.

examine competition in gas storage systems and the conditions for access to the grid for biogas production facilities.

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§ 112a Report of the Federal Network Agency for the introduction of incentive regulation

(1) The Federal Network Agency has to submit a report to the Federal Government by 1 July 2006 on the introduction of the incentive regulation in accordance with § 21a. This report shall contain a concept for the implementation of incentive regulation, which can be implemented within the framework of the legal requirements. In order to prepare and prepare the report, the Federal Network Agency has the powers of investigation under this Act. (2) The Federal Network Agency is to report with the participation of the countries, the scientific community and the economic groups concerned. , as well as taking into account international experience with incentive regulation systems. It shall give the economic sector concerned the opportunity to comment after the draft report has been drawn up; it shall publish the opinions received on the Internet. Documents of the relevant business circles for the development of a methodology for incentive regulation and the opinion in accordance with the second sentence shall be excluded from the regulations pursuant to § 69 (1), first sentence, no. 1 and 3, as well as the second sentence. (3) The Federal Network Agency has the Federal Government two years after the first determination of network access charges by means of an incentive regulation according to § 21a a report on the experience with it. The Federal Government has to forward the report to the German Bundestag within three months; it can add an opinion to it. Unofficial table of contents

Section 113 End-of-life contracts

In addition, current land use contracts, including the agreed concession duties, shall remain unaffected without prejudice to their amendment by § § 36, 46 and 48. Unofficial table of contents

Section 114 Reaction of unbundling provisions

In the case of accounting and internal accounting, § 10 shall apply for the first time at the beginning of the first full financial year in each case after the entry into force of this law. Until then, § § 9 and 9a of the Energy Economics Act of 24 April 1998 (BGBl. 730), as last amended by Article 1 of the Law of 20 May 2003 (BGBl I). 686), it has been amended to continue to apply. Unofficial table of contents

Section 115 Existing contracts

(1) Existing contracts relating to the network connection and network access to the energy supply networks with a term of validity up to six months after the entry into force of this Act shall remain unaffected. No later than six months after the entry into force of a regulation adopted pursuant to § § 17, 18 or 24 of this Act, contracts with a longer duration shall be subject to the relevant provisions of this Act and the respective provisions of this Act. In accordance with the provisions of this Regulation, a Contracting Party shall be required to comply with this Regulation. § 19 (1) in conjunction with paragraph 2 (1) of the Act against restrictions on competition shall apply in accordance with Section 111. (1a) By way of derogation from the first sentence of paragraph 1, the contracts referred to therein shall be subject to charges, insofar as they are referred to in Article 23a. (2) Existing contracts for the supply of energy to the latter with energy within the framework of the general provisions of this law until the date of entry into force of this Act. Obligation to supply a period of validity up to six months after the entry into force of this Law shall remain unaffected. Until then, the conditions set out in § 310 (2) of the Civil Code shall be deemed to have been fulfilled, provided that the existing Treaties have fulfilled these conditions at the time of the entry into force of this Act. No later than six months after the entry into force of a regulation pursuant to Section 39 or 41 of this Act, contracts with a longer duration shall be subject to the relevant provisions of this Act and to the respective legal regulation in accordance with the provisions of this Act. (3) Existing contracts for the supply of energy to household customers outside the general obligation to supply the household with a residual maturity of twelve months, which is in existence until the entry into force of this Act after the entry into force of this law. Until then, the conditions set out in § 310 (2) of the Civil Code shall be deemed to have been fulfilled, provided that the existing Treaties have fulfilled these conditions at the time of the entry into force of this Act. No later than 12 months after the entry into force of a regulation pursuant to this law pursuant to § 39 or § 41, contracts with a longer duration shall be subject to the relevant provisions of this Act and to the respective legal regulation in accordance with the conditions laid down in this law of this Regulation. Moreover, other existing supply contracts remain unaffected. Unofficial table of contents

Section 116 Previous Collective Agreements

Without prejudice to § 115, § § 10 and 11 of the Energy Economics Act of 24 April 1998 (BGBl. 730), as last amended by Article 126 of the Regulation of 25 November 2003 (BGBl I). 2304), as well as the Regulation on general conditions for the supply of electricity to tariff customers of 21 June 1979 (BGBl. 684), as last amended by Article 17 of the Law of 9 December 2004 (BGBl I). 3214), and the regulation on general conditions for the gas supply of tariff customers of 21 June 1979 (BGBl. 676), as last amended by Article 18 of the Law of 9 December 2004 (BGBl I). 3214), to continue to apply to existing collective agreements, which have not been concluded with household customers within the meaning of this Act, pending the termination of the existing contracts. In the event of amendments to these contracts and the resigning thereof, the provisions of this Act and the legal regulations adopted pursuant to this Act shall apply. Unofficial table of contents

Section 117 Concession duties for water supply

§ 48 shall apply mutagenly to the supply of final consumers in the context of public water supply. Unofficial table of contents

§ 117a Regulation in case of electricity injection to a small extent

Operator

1.

of installations within the meaning of § 5 (1) of the Renewable Energy Act with an electrical power of up to 500 kilowatts or

2.

installations within the meaning of Section 3 (2) of the Force-Heat-Coupling Act with an electrical power of up to 500 kilowatts,

which are only considered to be energy-supply companies because they feed electricity into a network in accordance with the provisions of the Renewable Energy Act or the combined heat and power law, or in accordance with § 5 (9) of the German Renewable Energy Act ("Renewable Energy Act"). The provisions of Section 10 (1) shall be exempt from the provisions of the Renewable Energy Sources Act directly. A number of installations for the production of electricity from solar radiation energy shall be deemed to be a facility, irrespective of the ownership and exclusively for the purpose of determining the electrical power within the meaning of the first sentence of sentence 1, if they are to: are located in the same property or in the immediate vicinity of the property and have been put into service within 12 consecutive calendar months. The first sentence shall not apply if the operator is a vertically integrated undertaking or is connected to such a vertically integrated undertaking as defined in section 3 (38). Accounting, audit and publication obligations arising from other regulations shall remain unaffected. A number of installations within the meaning of the first and second sentences of the first subparagraph, which are directly connected to one another, shall be considered as an installation, the respective electrical output being to be combined. Unofficial table of contents

§ 117b Administrative regulations

With the consent of the Federal Council, the Federal Government shall adopt general administrative provisions concerning the implementation of the procedures in accordance with § § 43 to 43d and 43f and 43g, in particular on:

1.

the preparation of the procedure;

2.

the official dialogue with the project holder and the public,

3.

the definition of the examination framework,

4.

the content and form of the planning documents,

5.

the simplicity, usefulness and consistency of the procedures and of the tests to be carried out,

6.

the conduct of the hearings procedure,

7.

the inclusion of the environmental impact assessment in the procedure,

8.

the participation of other authorities and

9.

the announcement of the decision.

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Section 118 Transitional arrangements

(1) The Federal Government is to submit a draft legal regulation pursuant to § 21a (6) (2) (2) § 6 (2) to (4) with effect from July 13, 2009 after the submission of the report pursuant to Section 112a (1) of the German Act on the introduction of incentive regulation. (3) Planning procedures or planning approval procedures applied for before 17 December 2006 shall be brought to an end in accordance with the provisions of this Act in the version in force as from 17 December 2006. § 43c also applies to planning decisions and planning permits issued before 17 December 2006, in so far as the plan has not yet come into force. (4) Planning procedures applied for before 26 August 2009, and Plan-approval procedures for high-voltage power lines with a nominal voltage of 220 kilovolts or more shall be completed in accordance with the rules in force until then. They will only be continued as a planning approval procedure or planning approval procedure in the version of this law in force as from 26 August 2009, if the institution of the project so requests. Prior to 26 August 2009, planning procedures and planning approval procedures for high-voltage power lines with a nominal voltage of less than 220 kilovolts shall be applied in accordance with the provisions of this Act in the applicable law of 26 August 2009. (5) Before 26 August 2009, individual licences for projects subject to the planning approval or planning approval pursuant to § 43 sentence 1 (3) or sentence 3 shall be submitted in accordance with the provisions of the current regulations. Provisions to be completed. The implementation of a plan-setting procedure or plan-approval procedure pursuant to § 43 sentence 1 no. 3 or sentence 3 in the version of this law as of August 26, 2009 shall only be carried out if the institution of the project requests this. (6) After New installations for the storage of electrical energy, which will be put into service within 15 years from 4 August 2011, shall be re-established for a period of 20 years from the date of entry into service of the installation of electrical energy, which shall be commend on 4 August 2011. Storing electrical energy from the charges for access to the network. Pumped storage power plants, whose electric pumping or turbine power can be proven to be at least 7.5 percent or their storable amount of energy, increased by at least 5 percent after August 4, 2011, are available for a period of ten years. Years from commissioning in respect of the reference to the electrical energy to be stored, exempted from the charges for access to the network. The exemption provided for in the first sentence shall be granted only if the electrical energy is taken from a transport or distribution system for storage in an electrical, chemical, mechanical or physical energy storage system and which is used for the purpose of supplying power to the power supply. Recovered electrical energy is fed back into the same network with time delay. The exemption provided for in the second sentence shall require that, on the basis of existing or forecasted consumption data or due to technical or contractual conditions, it is clear that the maximum load contribution of the installation is foreseeable significantly by the same annual maximum annual load of all withdrawal from this net or peripheral surface. It is carried out by approval in accordance with the procedural requirements of § 19 (2) sentences 3 to 5 and 8 to 10 of the Ordinance on the Electricity Network Regulation. The initial receipt of electrical energy for the test operation shall be deemed to be put into service; in the case of existing pumped storage power plants, the first-time reference shall be made after completion of the measure to increase the electric pump or turbine power and the storable energy quantity. Sets 2 and 3 do not apply to installations in which hydrogen is produced by water electrolysis or in which gas or biogas has been produced by hydrogen produced electrolytically and subsequently methanation. These facilities are also exempt from the feed-in charges to the gas network to which they are attached. (7) Exceptions to § 28a, which are granted before 4 August 2011, shall apply until the end of the approved exemption period also for the § § 8 bis 10e as well as, to the extent of the existing derogation, for the § § 20 to 28 as granted. Article 7 of Regulation (EC) No 1228/2003 shall apply in respect of the exemptions granted pursuant to Article 7 of Regulation (EC) No 1228/2003 to the extent that they have been granted before 4 August 2011. (8) § 91 shall be due to the debt incurred before 4 August 2011 in the period up to 3 August 2011. (9) (10) § § 20a, 40 (2) sentence 1 (6) and (8), § 40 (3) sentence 2, and § 40 (4) and (6) shall not apply until six months after the entry into force of this law. (11) Before 5 August 2011, Planning procedures or planning approval procedures for high-voltage power lines with a Nominal voltage of 110 kilovolts is brought to an end in accordance with the regulations currently in force. They will only be continued as a planning approval procedure or planning approval procedure in the version of this law in force from 5 August 2011, if the institution of the project so requests. (12) On wind turbines at sea, which are up to 29 years old. In the event of a conditional net binding commitment, the conditions for an unconditional commitment to a network connection have been established by 1 September 2012 at the latest. § 17 (2a) and (2b) in the version valid until 28 December 2012. (13) The third sentence of Article 17d (6) shall not apply to an operator of wind energy installations at sea as referred to in paragraph 12, which shall, by the end of 1 July 2015, provide the regulatory authority with proof of existing financing up to the end of the first subparagraph of this Regulation. The construction of the wind energy plant at sea started in July 2016 and the technical operational readiness of the wind energy plants at sea was established by the end of 1 January 2019. In order to prove the existing financing, § 17d (6) sentence 4 shall apply. (14) Before 1 January 2018, the regulatory authority may, in consultation with the Federal Maritime and Hydrographic Office, by way of derogation from § 17d (3) sentence 2, be subject to Assign a maximum of 7.7 gigawatts of connection capacity to all existing unconditional netting commitments. (15) For § 6c, as amended by the Law amending the Commercial Code of 4. October 2013 (BGBl. 3746), the provisions of Article 70 (3) of the Introductory Act to the Commercial Code shall apply accordingly. Unofficial table of contents

Section 118a Transitional regime for the reserve operation of generation plants pursuant to § 7 paragraph 1e of the Atomic Energy Act

(1) Where the security or reliability of the electricity supply system in the relevant control zone is threatened or disturbed, in particular due to network bottlenecks or an unjustifiable lower level of the voltage level, and the disturbance cannot be remedied by means of measures pursuant to § 13 (1) and (1a), operators of transmission networks may, by 31 March 2013, be able to supply a feed from the system under the first sentence of Article 7 (1) of the Atomic Energy Act. The production plant shall be subject to the provisions of the second sentence and the third sentence. Transmission system operators shall, where a risk or disturbance is foreseeable in accordance with the first sentence, apply without delay to the Federal Network Agency for authorisation to be able to request the feed-in as specified in the first sentence. The Federal Network Agency shall decide on the application in good time. (2) The reserve establishment of the production plant in reserve operation pursuant to Article 7 (1) (1) of the Atomic Energy Act and the feed-in required in accordance with the first sentence of paragraph 1 shall be the operator of the plant. The operator of the transmission network in whose control zone the production plant is located in accordance with the first sentence of the first sentence shall be adequately remunerated in the scope approved at the request of the Bundesnetzagentur. (3) The operators of Transmission networks shall be obliged to pay the costs incurred in accordance with paragraph 2 over a (4) The decisions of the Federal Network Agency in accordance with paragraphs 1 and 2 may also be retrospected with secondary provisions. shall be provided. Unofficial table of contents

§ 118b (omitted)