Financial clearing
Clearing fees
The Clearing fee is the fee set by E-Control Austria that need to be paid to AGCS by the balance group representatives.1
Each balance group representative has to pay a clearing fee to AGCS every month, depending on the amount and type of energy turnover in their balance groups; the current fee rates are:
- for each chargeable consumption turnover2 in the market area: EUR 0,0429/MWh
- for each chargeable trading turnover3 in the market area: EUR 0,0079/MWh
1NB: The current clearing fee rates are based on latest Clearing Fee (Amendment) Order, which came into force on 1 January 2025.
2The ‘chargeable consumption turnover’ corresponds to the sum of the consumption meter readings on the debit side of a balance group.
3The ‘chargeable trading turnover’ is calculated from the total energy turnover minus the chargeable consumption turnover of a balance group.
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2024 Amendment to the Clearing Fee Order (effective 1 January 2025)
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2023 Amendment to the Clearing Fee Order (effective 1 October 2023)
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2022 Amendment to the Clearing Fee Order (effective 1 October 2022)
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2021 Amendment to the Clearing Fee Order (effective 1 January 2021)
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2018 Amendment to the Clearing Fee Order (effective 1 January 2018)
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2016 Amendment to the Clearing Fee Order (effective 1 January 2016)
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2014 Amendment to the Clearing Fee Order (effective 1 April 2014)
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2013 Amendment to the Clearing Fee Order (effective 1 January 2013)
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2011 Amendment to the Clearing Fee Order (effective 1 January 2011)
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2011 Amendment to the Clearing Fee Order (effective 1 January 2011)
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2008 2nd Amendment to the Clearing Fee Order (effective 1 January 2008)
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2008 Amendment to the Clearing Fee Order (effective 1 January 2008)
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2004 Amendment to the Clearing Fee Order (effective 1 July 2004)
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Clearing Fee Order (effective 1 October 2002)
Financial clearing
Risk management
Risk management serves to prevent financial losses in the event of payment defaults by registered market participants. All balance group representatives must therefore deposit variable collateral and base collateral based on their total turnover, with the former being used to cover payment defaults by the respective BGR. The amount of collateral required depends, among other things, on the results of the credit assessment carried out by OeKB to evaluate the financial situation (first during the registration process and then on an annual basis).
Basic collateral also serves to cover these payment defaults. Furthermore, within the framework of joint and several liability, it also serves as collective collateral for payment defaults that are not covered by the variable collateral of the individual market participant.
This dual collateral concept is designed to cover as many risks as possible in connection with payment defaults by individual market participants.
Financial clearing
Reverse Charge
For invoicing purposes, it is necessary to distinguish between whether a BGR has its registered office or place of business in Austria or abroad, as this is essential for the VAT treatment of the supply or purchase of imbalance energy.
The following scenarios may arise in connection with the purchase or supply of imbalance energy, which have different consequences depending on the registered office or place of business of the BGR:
- Registered office or permanent establishment in Austria: If the BGR has its registered office or a permanent establishment in Austria, invoicing is subject to sales tax.
- No registered office or permanent establishment in Austria: If the BGR has no registered office or permanent establishment in Austria, Section 3 (13) of the Austrian Value Added Tax Act (UStG) stipulates that a delivery is deemed to have been made where the customer (=BGR) operates its business, i.e., in this case at the foreign place of business. Since the place of performance is therefore abroad, the turnover is not taxable in Austria and invoices must be issued by AGCS without VAT.
In this case, the BGR issues an invoice and AGCS issues a credit note, whereby the general rule applies that the transaction is taxable in accordance with Section 3 (13) of the Austrian Value Added Tax Act (UStG) because AGCS is based in Austria; furthermore, this transaction is also taxable in Austria as there is no tax exemption.
- Registered office or permanent establishment in Austria: If the BGR has its registered office or permanent establishment in Austria, it issues an invoice with VAT and AGCS issues a credit note with VAT – the BGR then has an input tax deduction.
- No registered office or permanent establishment in Austria: If the BGR has no registered office or permanent establishment in Austria, reverse charge applies in accordance with Section 19 (1c) of the Austrian Value Added Tax Act (UStG) because the place of delivery (in accordance with Section 3 (13) UStG) is in Austria and the BGR (as the supplier) has no registered office or permanent establishment in Austria. In this case, the sales tax is owed by AGCS (as the recipient of the delivery) because it is registered for sales tax purposes in Austria.
In order to issue invoices for the purchase or supply of imbalance energy correctly, AGCS therefore needs to know whether the respective BGR has its registered office or a permanent establishment in Austria or abroad.
For this reason, whenever a new BGR, supplier, or balancing service provider who is also the invoice recipient is registered, the completed Form G, duly signed by the company, must also be submitted to AGCS.
In addition, every BGR registered with AGCS that establishes its registered office or opens a permanent establishment in Austria or dissolves a registered office/permanent establishment is obliged to report this immediately to AGCS using the completed Form G.
UStBBKV as of January 1, 2014
In connection with the regulation of the Federal Ministry of Finance concerning transactions for which the tax liability is transferred to the recipient of the service in order to combat VAT fraud (VAT Fraud Prevention Regulation – UStBBKV; Federal Law Gazette II No. 369/2013) and information from the Federal Ministry of Finance concerning a rule of doubt recognized by the latter, according to which, if there is doubt as to whether a service within the meaning of Section 2 UStBBKV exists in an individual case, the service provider and the recipient of the service shall mutually agree that the tax liability shall be transferred to the recipient of the service, whereby a written declaration by the recipient of the service shall suffice as proof thereof, it is necessary to obtain information about the tax situation applicable to the company that is a contractual partner of AGCS.
In this context, we refer to the provision in Section 8.2 of Version 6.0 of the Annex: Settlement of accounts and billing to our General Terms and Conditions of the single clearing entity (AB-BS), according to which the contractual partner is required to submit a corresponding declaration.
If this declaration is not submitted or is not submitted on time, AGCS must assume, in accordance with the cited provision of the Annex: Settlement of accounts and billing, that the contracting party's company falls under the scope of application of § 1 in conjunction with § 2 (2) UStBBKV, provided that it has a permanent establishment in Austria.
