Energy Industry Act

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The German law on electricity and gas supply ( Energy Industry Act - EnWG ) first came into force in 1935 and was last revised in 2005. It contains basic regulations on the law of conducted energy . In Austria it came into force after the “Anschluss” in 1939, since 1945 it has been maintained in its own edition line and gradually replaced by other regulations between 1968 and 2000.

Germany

Basic data
Title: Electricity and Gas Supply Act
Short title: Energy Industry Act
Abbreviation: EnWG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Special administrative law , energy law
References : 752-6
Original version from: December 13, 1935
( RGBl. I p. 1451)
Entry into force on: December 16, 1935
Last revision from: July 7, 2005
( Federal Law Gazette I, p. 1970 , ber.p. 3621 )
Entry into force of the
new version on: 		July 13, 2005
Last change by: Art. 4 G of August 8, 2020
( Federal Law Gazette I p. 1818, 1848 )
Effective date of the
last change: 		predominantly August 14, 2020
(Art. 11 G of August 8, 2020)
GESTA : E035
Please note the note on the applicable legal version.

aims

The goals of the EnWG are according to § 1 EnWG

  • the "as safe, inexpensive, consumer-friendly, efficient and environmentally friendly" line-based supply of electricity and gas to the general public as possible, which is increasingly based on renewable energies,
  • "Ensuring effective and undistorted competition in the supply of electricity and gas and ensuring long-term, efficient and reliable operation of energy supply networks" and
  • the implementation and enforcement of the European Community's energy law .

medium

In order to achieve these goals, the EnWG makes use of various means, such as the authorization and notification requirement, the unbundling of ownership , the limitation of free pricing and the Federal Network Agency's rights of intervention .

Approval and notification requirement

Section 4 EnWG requires that a permit be obtained from the respective state authority for the operation of an energy supply network. There is only one notification requirement for the supply of energy (Section 5 EnWG).

Regulation of network operations

As a natural monopoly, network operation is the subject of numerous state interventions: The areas otherwise regulated by the market, such as pricing and entrepreneurial tasks, are limited by the EnWG; the EnWG also intervenes in the structure of the network companies.

In order to enforce these regulations, the network operators are subject to the supervision of a regulatory authority ( Federal Network Agency or the respective state regulatory authority ; for the delimitation of responsibilities, see Section 54 (2) a. E. EnWG). The most important tasks of the regulatory authorities are the supervision of abuse ( §§ 30 f. EnWG ), the monitoring of the regulations for unbundling of the network areas ( unbundling ) and the system responsibility of the supply network operators as well as - since January 1, 2009 - the stipulations within the framework of the incentive regulation .

Supply of end consumers through contractual obligations

The supply of the general public is served in particular by the right to network connection ( Section 18 (1) sentence 1 EnWG) and network access ( Section 20 (1) sentence 1 EnWG) of the end consumer as well as the obligation to contract by the basic supplier ( Section 36 (1) sentence 1 EnWG) .

Implementing regulations

The EnWG represents the legal framework for the market of line-based energy supply. In addition, there are numerous ordinances that specify its content. The following are to be mentioned:

with regard to the low voltage and low pressure connections:

with regard to the basic electricity and gas supply:

and

history

The Energy Industry Act of 1935

Law to promote the energy industry (Energy Industry Act) of December 13, 1935

The Energy Industry Act of 1935 codified the then prevailing economic practice, according to which the energy supply companies (mostly municipal utilities ) secured regional monopolies for themselves through exclusive concession agreements with the municipalities and mutual demarcation agreements .

The exclusion of competition by these regulations served the goal formulated in the preamble of the Energy Industry Act of 1935, "to make the energy supply as safe and cheap as possible", which was also the goal of municipal socialism at the community level . This goal should be achieved by maintaining a decentralized energy supply. The energy supply - uniformly understood as network operation and energy supply - was viewed as a natural monopoly; On the basis of this assumption, it is entirely logical for the preamble to say that the law should prevent “economically damaging effects of competition”.

The decision to strengthen the decentralized energy supply served military purposes at the same time: The ruling NSDAP wanted to avoid energy supply through large central power plants , as these could have been targets for air strikes (see Section 13 (1) EnWG 1935). In this goal as well as in the strong emphasis on the common good and its safeguarding through the Führer principle , the National Socialist approach becomes clear. Nevertheless, the concrete form of the law was more of a technical nature. With minor changes, although controversial (see General Inspector for Water and Energy ), it remained in force for more than 50 years after the end of National Socialist rule.

The 1957 Law against Restraints of Competition also contained an exception that continued to allow demarcation agreements between energy supply companies.

The law for the revision of the energy industry law from 1998

The law on the new regulation of the energy industry law ( Federal Law Gazette 1998 I p. 730 ) was passed by the Bundestag on November 28, 1997 and came into force on April 29, 1998. Article 1 contained the revised law on electricity and gas supply (Energy Industry Act) , and Article 2 repealed the exception in Section 103 GWB for demarcation agreements between energy supply companies.

The law served to implement the EC directive on the internal energy market. In order to achieve the internal market in electricity, the directive provided for the national organization of energy supply to be based on competition. For this purpose, vertically integrated companies should be obliged to keep separate accounts for the various company areas (generation, transmission, distribution) (so-called accounting unbundling). This separate bookkeeping enables the natural monopoly of network operation to be separated from the electricity supply (which can be organized through competition).

The Internal Electricity Market Directive provided for two alternative models for the implementation of the liberalized energy market : the model of negotiated network access and the model of regulated network access. In the regulatory model, a regulatory authority sets the prices and conditions for network use; In the case of negotiated network access, it is only checked whether the network area of ​​the vertically integrated company leaves the network to third parties under the same conditions as the associated supply area - the prerequisite for this is the aforementioned unbundling of the various business areas.

The most important innovation of the EnWG 1998 is the liberalization of the electricity market (the regulations for the gas market remained essentially unchanged). The ban on demarcation agreements in the amended GWB is supplemented in the Energy Industry Act by non-discriminatory network access for third-party electricity providers: the territorial monopoly of vertically integrated supply companies now only includes network operation; However, the vertically integrated company must allow third parties to conduct electricity through its grid; This allows third companies to buy electricity from an electricity producer and deliver it to a consumer via the networks of the regional monopoly.

In contrast to all other member states of the European Union, Germany chose the "negotiated network access model" (Section 6 EnWG 1998). In practice, so-called association agreements were concluded by the energy industry players , in which conditions and prices for network access were specified. No use was made of the authorization in Section 6 (2) EnWG to define the conditions by means of an ordinance; the Federal Ministry of Economics has only issued legally non-binding best practice recommendations in cooperation with the associations .

The new regulation in 1998 supplemented the target provisions of the EnWG with the environmental compatibility of the energy supply.

  • § 7: Network access alternative single buyer model
  • Continuation of the BTOElt of December 18, 1989 AVBEltV
  • Invoice disclosure
  • no regulator

A deficit of this amendment is listed: Formal equal treatment of third parties with regard to network access can still give preference to vertically integrated energy supply companies in the event of excessive prices (excessive bills paid by the company's supply area benefit the company's network operation). So either regulation or ownership unbundling.

Changes due to the first amendment in 2003

  • Equation gas / electricity
  • Partial legalization of the association agreements

Changes by the second amendment in 2005

With the second amendment to the Energy Industry Act of 2005, the Federal Government implemented EU community law for grid-based energy supply into national law. The basis for this was the acceleration guidelines for electricity and gas. The second law to revise the energy industry law came into force on July 13, 2005.

Changes in content affect the following key points:

  • The system of regulated network access takes the place of the previously applicable principle of negotiated network access. The network operator may only bill the customer for approved network charges. The grid fees are based on the NetzentgeltVO electricity / gas .
  • The regulatory authorities monitor the network operators. All customers have the opportunity to contact the regulatory authorities for questions relating to the network in order to resolve disputes regarding network access or network use quickly (two-month period).
  • Larger energy suppliers (with more than 100,000 connected customers) must separate their network area from all other economic activities within the company ( unbundling according to Section 7 EnWG). The same applies to energy suppliers that are linked within the meaning of the EC Merger Regulation.
  • Access to gas supply networks is completely new. Now all that is needed is an entry contract or an exit contract with the two network operators. This enables access to the entire German gas network.
  • The meter reading can be liberalized on the basis of an ordinance of the federal government; the connection user can then decide here. The metering point operation is liberalized , i. H. the connectee can freely choose the operator of his electricity or gas meter. See below: Changes due to the amendment of 2008. A labeling requirement for electricity bills is introduced.
  • The path taken of opening up the energy markets should also be reflected in a more competitive market. The Monopolies Commission was given the task of continuously assessing the development of competition on the energy supply markets and of preparing an expert report on this every two years (Section 62 EnWG).

Changes due to the 2008 amendment

The amendment by the law to open metering for electricity and gas to competition came into force on September 9, 2008.

Major changes and innovations are the further liberalization of metrology . It is no longer the connection user (owner) but the connection user (tenant) who can choose the metering point operator. In addition to measuring point operation ("meter installation and maintenance"), measurement ("meter reading") is also being liberalized.

Section 21b (3a) stipulates that from January 1, 2010, when measuring devices are installed in buildings that are newly connected to the energy supply network or during a major renovation, only meters are used that "reflect the actual energy consumption and the actual usage time" ( so-called intelligent meters ), insofar as this is “technically feasible and economically reasonable”.

The final consumer has in accordance with § 40 para. 2 the right to a monthly, quarterly, semi-annual or annual billing by the supplier. Suppliers must offer “load-variable or time-of-day-dependent tariffs” by December 30, 2010 at the latest (Section 40 (5)).

Changes due to the 2011 amendment

In 2009, the EU legal framework was extensively changed with the amendment of two directives and two ordinances on the internal market for electricity and natural gas, as well as a new ordinance to establish an agency for the cooperation of regulatory authorities (so-called Third Internal Market Package Energy ) significant adjustments have been made. Changes include in particular the further unbundling of transmission, long-distance line and distribution network operators (in particular the unbundling of transport network operators and storage system operators as well as a separate branding of distribution network operators), a new regulation on the so-called object networks (now so-called closed distribution networks), the regulation of gas storage systems, the revision of the regulations on measuring devices and measuring systems, the introduction of further consumer protection rights and the independence of the regulatory authorities.

Austria

Basic data
Title: Energy Industry Act
Long title: Law to promote the energy industry
Abbreviation: EnWG
Type: Federal law
Scope: Republic of Austria
Legal matter: Special administrative law , energy law ( index : 58/02)
Reference: dRGBl. I p. 1451/1935 , GBlÖ No. 156/1939
Date of law: December 13, 1935
Effective date: February 15, 1939
Last change: December 31, 1999
Expiration date: August 9, 2000 (Art. 1 § 78 Z 1, 3 BGBl. I No. 121/2000 ) *
Legal text: Energy Industry Act i. d. F. dated August 9, 2000 (most recent)
Please note the note on the applicable legal version !

After the annexation of Austria , the Energy Industry Act of 1935 together with the third implementation ordinance of 1938 with the introductory ordinance on German energy industry law in Austria of January 26, 1939, came into force on February 15, 1939. At the same time, the Federal Electricity Act of 1927 (Electricity Act) was repealed except for individual paragraphs, the State Electricity Laws except for individual paragraphs, the provisional Energy Export Ordinance and the Electricity Advisory Council; the Heavy Current Ordinance remained in force. With the second implementing ordinance on German energy law in the Ostmark of January 17, 1940, the second implementing ordinance from 1937 and the fourth implementing ordinance from 1938 also came into force in Austria from February 1, 1940. At the same time, the remaining Austrian regulations that were still in force were suspended.

With the legal transition act of May 1, 1945, the law remained in force, as it did not contain any “typical ideas of National Socialism”.

With the Constitutional Transition Act , which put the Federal Constitutional Act (B-VG) back into force, the provisional constitution and an amendment to it of October 12, the catalog of competencies was again in force with effect from October 21, 1945, which included the competencies of the Federal and state regulates. Art. 12 B-VG gave the federal states the right to legislate for the implementation of the electricity sector. According to the transitional law that was also re-enacted in 1920, the federal laws were still valid for three years and from October 20, 1948, electricity matters could be regulated by separate state laws without being bound by any federal provision.

In 1968, a federal law on electrical line systems that extend to two or more federal states (Starkstromwegegesetz 1968) was passed, which at the same time suspended the provisions of the Energy Industry Act and the associated ordinances insofar as they concerned the power lines concerned. At the same time, a framework law for lines within a federal state was passed.

With the decision of June 19, 1998, G 454 / 97-9, the Constitutional Court repealed Section 4 of the Energy Industry Act, which came into force on December 31, 1999. In the First Federal Laws Consolidation Act, the legal provisions were still declared to be valid, but provision was made to expire by 31 December 2009 at the latest. With the Energy Liberalization Act, the Energy Industry Act was replaced and expired on August 9, 2000. Individual remnants were suspended by the Deregulation Act on December 31, 2006.

Since August 10, 2000, the Electricity Industry and Organization Act (ElWOG) has been in force for the electricity sector and the Gas Management Act (GWG) for the gas sector.

Related ordinances
Ordinance on the simplification of the procedure according to § 4 of the Energy Industry Act
Reference dRGBl. I p. 1950/1939 , GBlÖ No. 1381/1939
Date of regulation: September 27, 1939
Entry into force on: September 29, 1939
Expiration date: December 31, 2006 (Art. 1 Z 4 Federal Law Gazette I No. 113/2006 )
Legal text Process simplification i. d. F. dated December 31, 2006
Second ordinance for the implementation of the law for the promotion of the energy industry
Reference: dRGBl. I p. 918/1937 , GBlÖ No. 18/1939
Date of regulation: August 31, 1937
Entry into force on: February 1, 1940
Last change: July 17, 1942 dRGBl. I p. 468/1942
Expiration date: August 9, 2000 (Art. 1 § 78 Z 2 Federal Law Gazette I No. 121/2000 )
Third ordinance for the implementation of the law for the promotion of the energy industry
Reference: dRGBl. I p. 1612/1938 , GBlÖ No. 156/1939
Date of regulation: November 8, 1938
Entry into force on: February 15, 1939
Expiration date: August 9, 2000 (Art. 1 § 78 Z 1, 4 BGBl. I No. 121/2000 )
Legal text Third regulation i. d. F. dated August 9, 2000 (the Austrian reference dates from before the introduction in Austria)
Implementing provisions for Section 2 of the Third Ordinance on the Implementation of the Energy Industry Act
Reference: DRAnz. No. 276/1938
Date of regulation: November 24, 1938
Entry into force on:
Expiration date: December 31, 2006 (Art. 1 Z 3 BGBl. I No. 113/2006 )
Legal text: Implementing provisions i. d. F. dated August 9, 2000
Related ordinances
Fourth ordinance for the implementation of the law for the promotion of the energy industry
Reference: dRGBl. I p. 1732/1938 , GBlÖ No. 18/1939
Date of regulation: December 7, 1938
Entry into force on: February 1, 1940
Expiration date: August 9, 2000 (Art. 1 § 78 Z 2, 5 BGBl. I No. 121/2000 )
Legal text 4. Regulation i. d. F. dated August 9, 2000 (Austria reference dates from the time before it came into force in Austria)
Fifth ordinance for the implementation of the Energy Sector Promotion Act
Reference: dRGBl. I No. 184 S 1391/1940
Date of regulation: October 21, 1940
Entry into force on:
Expiration date: August 9, 2000 (Art. 1 § 78 Z 6 BGBl. I No. 121/2000 )
Legal text: 5. Implementing regulation i. d. F. dated August 9, 2000
Order on the notification obligation of the energy supply companies in the Reichsgau der Ostmark
Reference: DRAnz. No. 143/1940
Date of regulation: June 17, 1940
Entry into force on:
Expiration date: August 9, 2000 (Art. 1 § 78 Z 7 Federal Law Gazette I No. 121/2000 )
Order on the binding declaration of the general conditions of the energy supply companies
Reference: DRAnz. No. 39/1942
Date of regulation: January 27, 1942
Entry into force on:
Expiration date: August 9, 2000 (Art. 1 § 78 Z 8 BGBl. I No. 121/2000 )

literature

  • Gabriele Britz , Johannes Hellermann, Georg Hermes : EnWG. Energy Industry Act. Comment . 2nd Edition. CH Beck, Munich 2010, ISBN 978-3-406-60853-7 .
  • Norbert Eickhof, Verena Leïla Holzer: The energy law reform of 2005. Goals, measures and effects . (= Economic discussion contributions 83). University of Potsdam, Potsdam 2006. ( full text )
  • Jan Kehrberg: The Development of Electricity Law in Germany - The Path to the Energy Industry Act of 1935 (= Legal History Series No. 157). Lang, Frankfurt a. a. 1996 (also dissertation, University of Kiel 1996), ISBN 3-631-30797-7 .
  • PricewaterhouseCoopers (ed.): Unbundling and regulation in the German energy industry. Practical manual for the Energy Industry Act . Haufe, 2007, ISBN 978-3-448-08025-4 .
  • Peter Salje : Energy Industry Act (EnWG). Electricity and gas supply law of 7 July 2005 (Federal Law Gazette I, p. 1970) . Carl Heymanns, Cologne, Berlin, Munich 2006, ISBN 978-3-452-24267-9 .
  • Michael Brändle: EnWG 2011: New civil law regulations in the utility industry, online article from August 3, 2011 ( [1] )

See also

Web links

Individual evidence

  1. ↑ Law map for the gas and electricity supply system. Map of central strategies, laws and ordinances ( memento of the original from October 17, 2013 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 3.8 MB). Federal Ministry of Economics and Technology , as of July 2013. Accessed on October 16, 2013.  @1@ 2Template: Webachiv / IABot / www.bmwi.de
  2. ^ Text of the EnWG 1935 with marked changes up to 1978 (PDF; 122 kB).
  3. ↑ a b Leuschner, Udo. Review of Jan Kehrberg: The development of electricity law in Germany .
  4. ^ Text of the law (EnWG 1998 and changes to other laws) .
  5. ↑ Directive 96/92 / EC (PDF) of the European Parliament and of the Council on common rules for the internal market in electricity of December 19, 1996.
  6. ↑ Article 2 No. 18 of Directive 96/92 / EC
  7. ↑ Law on the revision of the energy industry law, Article 17 paragraphs 1 and 4 of the directive
  8. ↑ Document of the Commission SEC (2001) 438 of March 12, 2001, p. 18 ( Memento of the original of May 16, 2005 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. .  @1@ 2Template: Webachiv / IABot / www.europa.eu.int
  9. ↑ Quoted from the information sheet on the new energy law from DIHK - German Chamber of Industry and Commerce - and VIK - Association of Industrial Power Plant Operators, July 2005 ( Memento of the original from September 28, 2007 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. . @1@ 2Template: Webachiv / IABot / www.dihk.de
  10. ↑ Act to open metering for electricity and gas to competition
  11. ↑ Law on the new regulation of energy industry regulations
  12. ↑ Ordinance of January 26, 1939 on the introduction of energy law in Austria dRGBl. IS 83 (No. 14, issued January 30, 1939);
    Announcement by the Reich Governor in Austria, which announces the regulation on the introduction of energy law in Austria from January 26, 1939     GBlÖ No. 156/1939 , issued on February 13, 1939 (with re-announcement)
    Editing     error : instead of § 61, § 64 is listed see ris.bka.gv.at .
  13. ↑ Second ordinance of January 17, 1940 on the introduction of energy law in the Ostmark. dRGBl. IS 202/1940 (No. 16), issued January 20, 1940;
    Announcement by the Reich Commissioner for the reunification of Austria with the German Reich, which announces the second ordinance on the introduction of energy law in the Ostmark of January 17, 1940. GBlÖ No. 18/1939 (10th     issue , issued on January 31, 1940; with re-publication).
  14. ↑ Constitutional Act of May 1, 1945 on the Restoration of Legal Life in Austria (Law Transition Act - R-ÜG.), StGBl. No. 6/1945 , (2nd item, issued on May 1, 1945).
  15. ↑ a b Landesrat Plankl, Muttenthaler (Office of the Lower Austrian State Government, Economy Group): Lower Austrian Electricity Act 2005, Motive Report (PDF file; 138 kB), WST6-AL-997 / 001-2004, May 24, 2005; State Parliament Directorate 428 / E-2-2005 W. u. F., June 2, 2005.
  16. ^ Constitutional Act of May 1, 1945 on the provisional establishment of the Republic of Austria (provisional constitution). StGBl. No. 5/1945 , 2nd item, issued on May 1, 1945
  17. ↑ Constitutional Law of October 12, 1945 on some amendments to the Provisional Constitution. StGBl. No. 196/1945 (50th issue , issued October 20, 1945).
  18. ^ Ordinance of the Federal Chancellor of September 26, 1925, regarding the republication of the transitional law. ÖRGBl. 368/1925 .
  19. ↑ Federal Law Gazette No. 70/1968 .
  20. ↑ Federal Law Gazette No. 71/1968 .
  21. ↑ VfGH G454 / 97 of June 19, 1998.
  22. ^ Announcement by the Federal Chancellor on the repeal of Section 4 of the Energy Industry Act by the Constitutional Court, Federal Law Gazette I No. 109/1998 , issued on August 4, 1998.
  23. ↑ Federal law for the adjustment of the simple federal laws and ordinances promulgated before 1946 (First Federal Law Consolidation Act - 1st BRBG) Federal Law Gazette I No. 191/1999 , issued on August 19, 1999; List of legal regulations: Index numbers: 58.02.02 - 58.02.02 / 007, 58.02.03, 58.02.05.
  24. ↑ Energy Liberalization Act Art. 1 § 78 Z 1, Z 2, Z 3, Z 4, Z 5, Z 6, Z 7, Z 8 BGBl. I No. 121/2000 , issued on December 1, 2000.
  25. ↑ Deregulation Act 2006 - DRG 2006: Art. 1 Z 3, Z 4 BGBl. I No. 113/2006 , issued on July 24, 2006.