Instalment Payment and amended Gas Market Model Regulation

Jun 3, 2022 Benn-Ibler Rechtsanwälte

This article provides a brief overview of two regulations issued by the E-Control Board in connection with the Austrian energy market.

Instalment Payment Regulation (Ratenzahlungs-Verordnung): Section 82 para 2a of the Electricity Industry and Organisation Act 2010 (Elektrizitätswirtschafts- und –organisationsgesetz), ElWOG 2010) allows consumers and small entrepreneurs to pay their electricity arrears in instalments. They may invoke this right without any formalities, whereupon a corresponding offer must be made to them (Sec. 3). Payment must also be permitted by payment slip or in cash. Monthly instalments must be offered at least until the next annual statement (Sec. 5). In addition, a repayment period of 18 months must be offered in justified cases and if the additional payment comprises at least 4 monthly instalment amounts. Early payment by consumers and small entrepreneurs is possible at any time and they may also not be charged any costs (Secs. 6, 7).

BGBl II No 180/2022 (05.05.2022)

Gas Market Model Regulation Amendment (Gas-Marktmodell-Verordnung-Novelle) 2022: The definition of "balancing authority" is amended to the effect that until the balancing group coordinator is legally appointed, the licence holder is the balancing authority (Sec. 2 para 1 no. 2). In addition, each balancing group member may now allocate its nominations for entry and exit quantities per entry and exit point to a sub-balancing account of each balance group of which it is a member for the purpose of settling the volume-based network usage charge (Sec. 9 para 3).

In addition, the mandatory information flows between the market participants are supplemented by the transmission of the nominations of the respective balancing group member for entry and exit quantities per entry and exit point assigned to individual sub-balancing accounts to the transmission system operator for the purpose of settling the quantity-based network usage charge (Sec. 32 para 3 no. 1a). In addition, data concerning online measured flow and pressure values per cross-border interconnection point of the market area must be provided (Sec. 32 para 5 no. 6). 

BGBl II Nr 179/2022 (05.05.2022)