Austria Electricity Industry Act.
Clear Signal for BESS

Legal Context and Adoption

The Electricity Industry Act (Elektrizitätswirtschaftsgesetz – ElWG) was adopted by the Austrian National Council on 12th of December 2025. Final approval by the Federal Council is expected on 17–18 December 2025, followed by signature by the Federal President.

The ElWG constitutes the first comprehensive reform of Austria's electricity market framework since 2010.

Battery Energy Storage Systems – System Usage Fees

The Electricity Industry Act introduces a decisive improvement for battery energy storage systems through the reform of system usage fees. Under §127(3) ElWG:

"Energy storage facilities are exempt from the charge components pursuant to Section 128 (network usage charge) and Section 129 (network loss charge) for a period of 20 years from commissioning..."

This directly addresses the issue of double charging of storage and represents a meaningful improvement for BESS economics.

Peak Shaving, Controllability, and Grid Access

The ElWG introduces peak-shaving and controllability requirements for new and significantly modified generation assets.

Wind Power Requirements

Grid operators may dynamically curtail feed-in, subject to:

• A maximum of 1% of annual energy production
• A curtailment cap of 15% of the reference plant's maximum capacity

Photovoltaic Systems Requirements

Feed-in power may be limited to up to 70% of the PV module peak power (kWp). For photovoltaic systems:

• Self-consumption and on-site storage remain unaffected
• PV systems with a grid-effective capacity of 7 kW or less are exempt

Active Customers and Shared Energy Use

The ElWG enables consumers to generate, consume, store, sell, and share renewable electricity:

• Consolidation of all participation models under a single regulatory framework
• Participation of large companies permitted with installations of up to 6 MW

Source: Austrian Parliament – ElWG Legislative Document