Energy Efficiency Act (Austria)

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Basic data
Title: Federal law on increasing energy efficiency in companies and the federal government
Abbreviation: EEffG
Type: Federal law
Scope: Republic of Austria
Legal matter: Public law
Reference: Federal Law Gazette I No. 72/2014
Effective date: August 12, 2014,
January 1, 2014 and
January 1, 2015
Please note the note on the applicable legal version !

The Austrian federal Energy Efficiency Act (EEffG) should, according to the Federal Ministry of Science, Research and Economy (BMWFW) 2020

  • Increase energy efficiency in Austria by 20 percent and at the same time
  • security of supply is improved,
  • the share of renewable energies in the energy mix increases and
  • a reduction in greenhouse gas emissions can be achieved, as well
  • set positive impulses for the economy and
  • With a gross domestic product that is 550 million euros higher, around 6,400 new jobs will be created in the future-oriented "energy efficiency" sector.

purpose

The EEffG should by the end of 2020 (quote § 2 EEffG):

  1. Increase the efficiency of energy use by companies and households in Austria in a cost-efficient nationwide manner,
  2. Standardize national indicative targets for energy efficiency,
  3. determine the role model effect of the federal government in terms of energy efficiency,
  4. Strengthen the demand for energy services and other energy efficiency measures as well as define the framework conditions for the quality of energy services nationwide,
  5. Behave energy suppliers to improve final energy efficiency,
  6. on promoting energy efficiency
    1. reduce energy consumption and energy imports and thus improve security of supply,
    2. reduce the demand for nuclear energy,
    3. with explicit reference to the binding targets of the EU climate and energy package for Austria, increase the share of renewable energy sources in final energy consumption and cost-effectively reduce the emission of climate-damaging emissions,
    4. promote the transition to a more energy-efficient economy, accelerate technological innovations and improve the competitiveness of Austrian industry by reducing energy consumption,
    5. Lower energy costs for households and curb energy poverty

and thus contribute to the realization of a cost-optimized, sustainable and secure energy supply.

Concrete goals

According to Section 4 (1) EEffG, this law aims to increase energy efficiency in such a way that

  1. the final energy consumption in Austria based on a standard year in 2020 does not exceed 1050 petajoules (energy efficiency benchmark),
  2. a contribution is made to energy efficiency targets that are binding under Union law and go beyond 2020;
  3. a cumulative final energy efficiency target of 310 petajoules is achieved through additional energy efficiency measures in accordance with Directive 2012/27 / EU in the years 2014 to 2020 inclusive, of which 159 petajoules through contributions from energy suppliers and 151 petajoules through strategic measures, and
  4. can be verified throughout Austria by 31 December 2016 by means of measures of at least 80.4 petajoules that can be counted according to Directive 2006/32 / EC.

These goals and benchmarks are to be achieved while ensuring the greatest possible contribution to the mandatory EU requirements for Austria in accordance with the EU climate and energy package 2020.

However, this is restricted in accordance with Section 4 (2) EEffG with regard to the federal contribution:

  • in the case of energy efficiency measures and programs that were set or set up before the EEffG came into force, by 2020 “ in accordance with budgetary, legal, economic and technical possibilities ”, and
  • " Federal energy efficiency measures and programs must cover the corresponding use of funds within the upper limits of the applicable federal financial framework ".

Union law

The EEffG implements the 2020 climate and energy package , in particular Directive 2012/27 / EU (Energy Efficiency Directive) and Directive 2006/32 / EC on energy end-use efficiency and energy services , as part of the European Union's climate policy .

construction

  • 1st part (general provisions)
    • § 1 to 8
  • Part 2 (energy efficiency in companies)
    • § 9 and § 10
  • Part 3 (industry obligations)
    • § 11
  • 4th part (final energy efficiency at the federal level)
    • Section 1 (General Federal Obligations)
      • § 12 and § 13
    • Section 2 (Special Federal Obligations)
      • § 14 to § 16
  • Part 5 (energy service providers and energy audits)
    • § 17 and § 18
  • Part 6 (securing and procurement of energy efficiency measures)
    • § 19 to § 21
  • 7th part (monitoring of energy efficiency)
    • Section 1 (regulations for space heating and hot water)
      • § 22 and § 23
    • Section 2 (National Energy Efficiency Monitoring Agency)
      • § 24 to § 27
    • 3rd section (statistics)
      • § 28 (energy statistics)
  • 8th part (final provisions)
    • § 29 to § 34
  • Annex I (measures related to reducing the consumption of final energy)
  • Annex II (list of federal agencies)
  • Annex III (minimum criteria for energy audits of large companies)
  • Annex IV (provisions applicable to contracting contracts)
  • Annex V (methods of the Austrian Energy Agency for evaluating the achievement of objectives)

Selected special provisions in the EEffG

Monitoring agency

The national energy efficiency monitoring body provided for in the EEffG has to carry out its tasks (see e.g. § 24 ff EEffG) in an objective and appropriate manner and has a very wide range of tasks.

energy supplier

According to § 5 Zif. 11 EEffG means any “ natural or legal person or registered partnership, regardless of their place of business, who supplies energy to final energy consumers for a fee, regardless of the type of final consumption ”.

Obliged energy suppliers in accordance with Section 10 (1) and (7) EEffG are those who were in the respective previous year

  • have sold more than "25  GWh of energy to their end customers in Austria or"
  • "Are more than 50% owned by another company" and have sold more than 25 GWh of energy to end customers in Austria in the respective previous year,
  • and have not acceded to any industry obligation (Section 11 EEffG).

Energy suppliers who do not meet these first two criteria are generally not subject to the reporting and reporting obligations and the obligation to implement energy efficiency measures under the EEffG, provided they do not exceed this limit in one year. The Federal Minister for Science, Research and Economy can nevertheless change the threshold values ​​for the exemption of small energy suppliers according to § 10 EEffG by ordinance in order to meet the target of 159 petajoules. The self-consumption of energy by an energy supplier is not added to the limit of 25 GWh, nor if excess process heat or waste heat is supplied directly to commercial end consumers for reasons of efficient process management.

All energy suppliers in Austria who not only consume the energy themselves and / or sell the energy to an intermediary ( EVU ) must:

  • register as such with the monitoring office (for the first time by February 14, 2015) if they had more than 20 GWh of energy sales in the previous year. “For energy suppliers who have a relevant energy sales volume of less than 20 GWh in the previous year, no registration is required”.

Obliged energy suppliers must also (examples): possibly

  • carry out an energy or environmental management system or an audit
  • Carry out energy sales and energy efficiency measures and
  • Submit reports on this by February 14 of each year (for the first time by February 14, 2016) and other reports to the monitoring body,

Obliged energy suppliers can fulfill the obligations imposed on them under the EEffG:

  • fulfill oneself;
  • join an industry commitment;
  • Use third parties for the fulfillment (tender / direct award / purchase), or
  • make a compensation payment.

Companies

Companies within the meaning of the EEffG are those based in Austria that are organized under private law and have a long-term organization of independent economic activity, regardless of whether they are final energy consumers or final energy suppliers (§ 5 No. 18 EEffG).

  • large companies: companies that are not small or medium-sized companies (§ 5 No. 19 EEffG);
  • Medium-sized companies: companies with a maximum of 249 employees and a turnover of a maximum of 50 million euros or a balance sheet total of a maximum of 43 million euros, provided they are not small companies (§ 5 No. 21 EEffG);
  • Small companies: companies with a maximum of 49 employees and a turnover of a maximum of 10 million euros or a balance sheet total of a maximum of 10 million euros (Section 5, No. 20 EEffG).

(See also the definition of the European Union Commission for Small and Medium-Sized Enterprises (SMEs)).

Large companies have (Section 9 (2) EEffG) either

  • carry out an external energy audit in accordance with § 17 and § 18 EEffG at regular intervals, at least every four years
  • or
    • a certified energy management system in accordance with standard EN 16001 or ISO 50001 or corresponding successor standards or
    • a certified environmental management system according to ISO 14000 or corresponding successor standards or according to Art. 13 of Regulation (EC) No. 1221/2009 on the voluntary participation of organizations in a community system for environmental management and environmental auditing or
    • to introduce a nationally recognized management system equivalent to an energy management or environmental management system, which must also include a regular internal or external energy audit in accordance with § 17 and § 18 EEffG. The introduction of the management system must be documented and maintained;
  • define and document the scope and limits of your management system or document the implementation and results of the energy audit;
  • to report the introduction of the management system or the implementation of the energy audit, its content and the knowledge gained to the national energy efficiency monitoring body immediately or to have it reported.

Small and medium-sized enterprises (SMEs), which make up the majority of companies in Austria, are exempt from the EEffG in accordance with (Section 9 (3) EEffG). If possible, SMEs can :

  • carry out an energy consultation and repeat the implementation of an energy consultation at regular intervals, at least every four years;
  • document their implementation and results;
  • Have the implementation of energy advice, its content and findings reported to the national energy efficiency monitoring agency

(See also the possibilities for SMEs through ÖKOPROFIT ).

By November 30, 2015 at the latest, large companies are required to report the implementation of an energy audit or certified management system to the monitoring agency.

Come into effect

The EEffG comes into effect in stages in accordance with Section 33. The constitutional provisions in § 1 to § 8, § 11, § 19 to § 34 came into force on the day following the announcement of this federal law. The law was announced on August 11, 2014. Sections 12 to 16 came into force on January 1, 2014. The central standards with the obligations for companies and energy suppliers, § 9, § 10, § 17 and § 18, came into force on January 1, 2015.

See also

Web links

Individual evidence

  1. ↑ Long title: Federal law on increasing energy efficiency in companies and the federal government , Federal Law Gazette I No. 72/2014
  2. ↑ See: Energy Efficiency Act (EEffG) - Implementation ( Memento of the original from January 10, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. according to the website of the BMWFW. @1@ 2Template: Webachiv / IABot / www.bmwfw.gv.at
  3. ↑ OJ. No. L 315, 1.
  4. ↑ Guide for energy suppliers in accordance with the Federal Energy Efficiency Act  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. .@1@ 2Template: Toter Link / www.bmwfw.gv.at  
  5. ↑ See guidelines for energy suppliers of the BMWFW.
  6. ↑ It is an indication of the company wording in individuals before - and last name required and the postal address.
  7. ↑ This exception is not standardized in the EEffG, but is handled by the BMWFW as an interim energy efficiency monitoring agency website BMWFW ( Memento of the original from January 11, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Information published on January 19, 2015, last accessed on January 19, 2015. @1@ 2Template: Webachiv / IABot / www.bmwfw.gv.at
  8. ↑ See guidelines for energy suppliers of the BMWFW.
  9. ↑ The compensation payment in 2015 according to the guidelines for energy suppliers in accordance with the Federal Energy Efficiency Act, p. 18, is EUR 0.20 / kWh
  10. ↑ EU Commission (Ed.): Recommendation of the Commission of May 6, 2003 regarding the definition of micro, small and medium-sized enterprises . (2003/361 / EC). Article 2 of the Annex, p. 36–41 ( online at EUR-Lex [accessed October 15, 2010]).