Austrian Energy Efficiency Act to impose new obligations on power traders
On 1 January 2015, the Austrian Federal Energy Efficiency Act (EEffG) came into force. Compared to other national energy efficiency laws and the European energy efficiency directive (2012/27/EU), the Austrian act also requires wholesale energy traders who clarify as so-called central procurement entity (zentrale Beschaffungsstelle) to implement energy efficiency measures and participate in a newly set-up monitoring process starting on 15 February. This obligation does not only apply to the central procurement entity itself but also to its trading partners in case of more than 20 GWh delivered energy.
According to § 5 para. 1, item. 11 EEffG, the central procurement entity that provides energy for self-consumption or distributes the energy exclusively within the same group and not for the use of end consumers is not considered as an energy supplier, but as an end-consumer.
A central procurement entity shall however be regarded as an energy supplier under EEffG, and thus be subject to the energy efficiency obligations, if it supplies energy to third parties, not directly associated with the mother company, thus achieving an economic advantage for itself, or its parent company.
The Federal Ministry for Science, Research and Economy also informed that, in accordance with § 10 EEffG, the central procurement entities are required to register via an application form available on the Ministry website. Pursuant to § 10 para. 6 EEffG, the central procurement entities are required to publish the relevant energy sales volumes, provided the volumes exceeded 20 GWh in the previous year.
More information at: http://www.bmwfw.gv.at/EnergieUndBergbau/Energieeffizienz/Seiten/Verpflichtete-Energielieferanten.aspx
Guidance for energy suppliers according to EEffG:
http://www.bmwfw.gv.at/EnergieUndBergbau/Energieeffizienz/Documents/Leitfaden%20EEffG%2022%2012%202014%20final.pdf
