Brussels, 4.08. 2025
In Austria, the consultation process is currently underway for the draft federal law enacting a federal law regulating the electricity industry (Electricity Industry Act – ElWG) and a federal law defining the term “energy poverty” for statistical purposes and for determining target groups for support measures (Energy Poverty Definition Act – EnDG), as well as amending the Energy Control Act. Article 1 of the draft contains a revised version of the federal law regulating the electricity industry (Electricity Industry Act – ElWG).
EREF is currently comparing the progress made in harmonizing Member States’ laws on key EU provisions, particularly with regard to the internal market regulations and the Renewable Energy Directive (REDIII).
The member association IG Windkraft Österreich requests a statement on whether specific regulations regarding peak shaving for wind turbines in Austria could potentially violate European law. This regulation appears problematic, as this amendment to the Electricity Industry Act (ElWG) provides for the introduction of “free” peak shaving for all new connections.
We would like to outline a few key points below, which, of course, could be further discussed in legal detail if necessary.
EREF Team:
Prof. Dr. Dörte Fouquet
Dirk Hendricks
Robert Lange
The full text of the position paper is available in PDF (document in German).