Technical factory manager - approval

An electricity company operating a transmission or distribution system ("system operator" or ”Netzbetreiber”) must appoint a manager before commencing operations. The manager is a natural person responsible for the technical management and supervision of the operation of the networks.

The Authority must take a decision within six months of receiving a complete application

The manager must meet the following requirements:

• he must be self-entitled and have reached the age of 24,
• he must be an Austrian citizen or a citizen of another EU member state or EEA treaty state,
• he must have his main residence in Austria or in another EU member state or EEA contracting state,
• he must be technically competent to manage the operation of networks,
• he must be predominantly active in domestic companies,
• he must not be disqualified from exercising the activity for certain criminally relevant offences; Disqualified are people who:
• have been sentenced by a court to a custodial sentence exceeding three months or to a fine of more than 180 daily rates; this ground for exclusion shall not apply if the sentence has been commuted or is subject to the restriction of information from the criminal record;
• has been punished for the financial offences of smuggling, evasion of import and export duties, tax theft, evasion of monopoly revenues, intentional interference with a state monopoly right or monopoly theft and has therefore been fined more than 7,300 Euros or has been imprisoned in addition to the fine. Punishments more than five years in the past do not constitute grounds for exclusion. Comparable offences committed abroad are to be considered equivalent to offences committed in Austria.

The appointment of the manager must be approved by the authority. The approval must be applied for by the network operator. It shall be granted if the manager meets the conditions above.

Further information for this procedure is only available in German

Authentication or signature of the application is not required.

An appeal is possible against rulings issued by an authority and shall be filed by the party within a four weeks term with the authority that issued the ruling of first instance (against rulings without investigation procedure within a two weeks term). The term starts with the receipt of the written copy of the ruling, in the case of oral pronouncement simultaneously with it.

The appeal shall indicate the ruling it contests, the authority that issued the ruling and contain a motion of appeal with the reasons. No more appeal is admissible if the party expressly waived the right of appeal after receipt or pronouncement of the ruling.

Each ruling contains instructions on the right to appeal and indicates the authority and the deadline for submission of such appeal.

Point of single contact Niederösterreich https://eap.noe.gv.at/Start.aspx?lang=en

Amt der NÖ Landesregierung, Abteilung Anlagenrecht

25.07.2023