Act On The Promotion Of Renewable Energy

Original Language Title: Lov om fremme af vedvarende energi

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=122961

Overview (table of contents)
Chapter 1 Purpose, scope and definitions
Chapter 2 Measures to facilitate the expansion of wind energy
Chapter 3 Access to harness energy from water and wind on the sea
Chapter 4 Connecting and safety requirements for wind turbines etc.
Chapter 5 Regulation of power generation for offshore wind turbines offered
Chapter 6 Surcharge etc.
Chapter 7 Administrative provisions etc.
Chapter 8 Energy Regulatory
Chapter 9 Complaints, Energy Complaints mm
Chapter 10 Mandatory provisions and penalties
Chapter 11 Commencement etc.
Chapter 12 Amending provisions
The full text
Law on the Promotion of Renewable Energy Directive1)
We, Margrethe II, by the Grace of God Queen of Denmark, hereby make known:
The Danish Parliament has passed and we have given our Royal Assent to the following Act:
Chapter 1
Purpose, scope and definitions
§ 1. The purpose of the Act is to promote the production of energy using renewable energy sources in line with climate and environmental and socio-economic considerations in order to reduce dependence on fossil fuels, security of supply and reducing emissions of CO2 and other greenhouse gases.
PCS. 2. The law should particularly help to ensure compliance with national and international targets for increasing the share of energy produced using renewable sources.
PCS. 3. In 2010 and 2011, municipalities must jointly develop and adopt a municipal land use reservation for a total wind power capacity of 75 MW each year.
§ 2. This Act shall within it in § 1 above purpose specific use



1) subsidies for wind turbines and other power generation facilities using renewable energy sources
2) measures to promote the development of wind turbines,
3) access to harness energy from water and wind on the sea,
4) connecting and safety requirements for wind turbines and
5) regulation of electricity generation from tendered offshore wind turbines.


PCS. 2. For renewables understood among others .: wind power, hydro power, biogas, biomass, solar, tidal and geothermal.
PCS. 3. Climate and Energy may lay down rules on which forms of energy that can be classified as renewable energy sources.
PCS. 4. Climate and Energy may decide that small installations or small-scale activities that are covered by the Act, wholly or partly exempted from the Act.
PCS. 5. Electricity generation installations using renewable energy sources are also covered by the Electricity Supply Act.
§ 3. The law applies on land and offshore and in the exclusive economic zone.
PCS. 2. Climate and Energy Minister shall lay down rules or adopt provisions in order to implement or apply international conventions and EU rules on matters covered by this Act, including regulations, directives and decisions about protection of territorial waters and the exclusive economic zone.
§ 4. Climate and Energy Minister informs in connection with the energy policy statement under the Act on energy policy measures parliament on the state of development of renewable energy.
PCS. 2. The Minister shall make an annual report to Parliament on the status of the in § 1. 3, said municipal planning with space reservation for wind turbines.
§ 5. For the purposes of this Act the following:



1) Biomass: Material which is defined as biomass waste under the Environmental Protection Act.
2) Power Funded facilities: RES electricity production plants, built or rebuilt as a result of notice under § 13 of Act no. 54 of 25 February 1976 on electricity supply as amended by Law no. 486 of 12 June 1996 or by special arrangement with climate and energy Minister, except plants wholly or partially used for the burning of waste.
3) Nettilslutningstidspunkt: The time when a green power generation facility for the first time provides electricity to the public electricity supply.
4) Production of full load hours: Electricity production corresponding to the output of an hour with the wind turbine installed capacity.
5) RES electricity: Electricity produced using renewable energy sources.


PCS. 2. This Act applies in addition same definitions in the Electricity Supply Act.
Chapter 2

Measures to promote the expansion of wind energy
Loss of value of property by erecting wind turbines
§ 6. The applicant in compiling one or more wind turbines causes a loss in value of real property, must pay for it, see. However paragraph. 2 and 3. If the owner of the property contributed to the loss, the amount may be reduced or waived.
PCS. 2 pcs. 1 does not include wind turbines of less than 25 m and offshore wind turbines established by tender required. § 23
PCS. 3. Claims for payment in accordance with paragraphs. 1 void if the value of the loss is 1 per cent. or less of the property value.
§ 7. Appraisal Authority decides on the loss of value size on the basis of an individual assessment. The wind turbine owner and the owner of the property may instead agree on contributions laid. § 9 paragraph. 6
PCS. 2. Appraisal Authority comprises a chairman who fulfills the conditions to be appointed as a judge and an expert in assessing the value of real estate. In case of disagreement, the Chairman has the casting vote. Climate and Energy Minister appoints a number taksationsformænd and experts.
PCS. 3. Appraisal Authority shall in addition to the parties Energinet.dk on the decisions taken under paragraphs. 1.
PCS. 4. Climate and Energy may lay down rules on valuation authority business and remuneration.
§ 8. Energinet.dk provides for Climate and Energy Minister provision assistance to valuation authority.
PCS. 2. Energinet.dk provides wind turbine sets, property owners and other advice and guidance value scheme, including on the procedure for informing the owners and the conditions for obtaining payment for loss of value, see. §§ 9 and 10.
§ 9. The one who wants to erect wind turbines that require EIA assigning permissions for the Planning Act must during the consultation period and within 4 weeks before the end of the consultation period for the published draft municipal plan with associated EIA hold a public meeting where explained the array consequences for the surrounding properties. For mills that do not require EIA approval, held the public meeting, within 4 weeks after the municipality has published a decision on the EIA approval is not required.
PCS. 2. The meeting convened with reasonable notice through advertising in local newspapers, and the notice shall include the information set out in paragraph. 3-5. Ad ring form, content and deadline for the call to be approved by Energinet.dk before the announcement implemented. Energinet.dk must also approve the orientation material to be used at the meeting, and may impose erector to prepare additional material, including visualizations, if deemed necessary. Of orientation material must state property that is located at a distance of up to six times the height of the planned mill, see. Paragraph. 4.
PCS. 3. Owners who believe that a wind turbine installation inflict their property value loss must notify a claim for payment therefor to Energinet.dk within 4 weeks after the holding of the meeting, see. Paragraph. 1.
PCS. 4. The owners do not pay legal costs for the management of claims in accordance with paragraph. 3 for depreciation of property, wholly or partly situated at a distance of up to six times the height of the planned wind turbine. Several turbines are erected in a group, calculated the distance from the nearest turbine. Others pay simultaneously with the notification requirements under subsection. 3 A fee of 4,000 kr. Per. property. The fee paid to Energinet.dk, repaid if agreed or awarded depreciation payment referred to in. Paragraph. 6
PCS. 5. If the time limit in paragraph. 3, or paid fees in accordance with paragraph. 4 not, erector not required to pay for the loss of value under this Act, unless there are special circumstances, see. § 10.
PCS. 6. Included erector and owner agreement for the loss of value size, issues do not referred to the valuation authority. Energinet.dk has not, within 4 weeks after the claim is received notification of an agreement asks Energinet.dk valuation authority as soon as possible to decide on the value of the loss.
§ 10. Owners who did not notify the requirements before the deadline specified in § 9 paragraph. 3, can be provided by special circumstances, within 6 weeks after the turbine is connected to the public electricity supply request valuation authority for permission to lodge a claim for payment for loss of value. Be authorized, treated the requirement as specified in § 9 paragraph. 6, 2nd sentence. Application accordingly submitted to Energinet.dk.

PCS. 2. The claim for loss of value payment submitted to Energinet.dk, within 14 days after the owner has received authorization in accordance with paragraph. 1. If the owner shall pay the fee for review of the claim referred to. § 9 paragraph. 4, this must be paid simultaneously with the review of the requirement attached to the permit. Forwarded permit or na fee is overdue, erector not required to pay for the loss of value under this Act.
§ 11. In cases where the valuation authority awarding loss of value payment incurred costs of erector.
PCS. 2. In cases where no award depreciation charge, used paid fees in accordance with § 9, paragraph 4, to cover the valuation authority's costs. Other costs incurred by Energinet.dk.
§ 12. The decisions of the valuation and Energinet.dk's decision under § 9 paragraph. 2, can not be brought before an administrative authority.
PCS. 2. decisions of the valuation can by the owner or by the erector brought before the courts as an action between them. Have erector paid for the loss of value in accordance with the valuation authority's decision must be brought before the courts, however, be made within 3 months from the date of payment.
PCS. 3. Cases of payment for loss of value can only be brought before the courts when the valuation authority's decision.
Purchase shares in windmills for local citizens
§ 13. On that sets one or more wind turbines at least 25 m on land or offshore wind turbines established outside the tender required. § 23 paragraph. 4, shall, before the presentation begins, offering at least 20 per cent. of the ownership interests therein to the persons who according to § 15 are eligible to submit a tender.
PCS. 2. The obligation to offer shares in accordance with paragraph. 1 does not apply to wind turbines that are connected to their own consumption installation covered by § 41, or mills for Climate and Energy Minister's decision can be described as attempts mills.
PCS. 3. Wind turbines covered by supply obligation under paragraph. 1, will be operated in a separate legal entity. If the wind turbine is operated by a company with personal liability, it must be stated in the Articles of Association, the extent to which the company may incur debts.
PCS. 4. Energinet.dk approves the tender documents have been prepared and the offering of shares is made in accordance with §§ 14 and 15 Energinet.dk's decision can not be brought before an administrative authority.
§ 14. The wind turbine erector shall prepare tender documents. The tender documents should describe the project must be accompanied by an auditor's report, see. Paragraph. 4, and in particular contain information on



1) the Articles of Association
2) a detailed construction and operating,
3) financing
4) the extent of liability per. share
5) the number and price of the shares on offer and
6) deadlines and conditions for submission of bids.


PCS. 2. In the case referred. 1 shall tender should particularly be highlighted in paragraph. 1, no. 4-6, that information. If the wind turbine is operated by a company with personal liability, it must also be emphasized that the extent to which the rules allow for that debt.
PCS. 3. The proceeds from the offering to cover a proportion of opstillerens costs of the project so that the erector and the buyers deposit the same amount per. stake. The shares were offered at a price calculated from a production of 1,000 kWh. holding, as defined. However paragraph. 5. The constructor can not establish the requirement for compulsory purchase or the extent thereof.
PCS. 4. The tender documents must be accompanied by a statement from a chartered accountant stating that the project meets the conditions of § 13 paragraph. 3, the extent of liability per. unit is expressed, see. paragraph. 1, the price of securities are determined as specified in paragraph. 3 or by the specimen under subsection. 5, and that information about economic conditions being true.
PCS. 5. Climate and Energy may allow the shares offered by a model other than under paragraph. 3, 2nd sentence., Declared.
PCS. 6. Climate and Energy may lay down rules on the requirements for tender documents and the procedure to be used to supply, including on advertising etc.
§ 15. Any person over 18 years, according to the National Registration resident in a maximum distance of 4.5 km from the installation site at the time of implementation of the tender, is entitled to submit a tender. Several turbines are erected in a group, calculated the distance from the nearest turbine.

PCS. 2. Those entitled to submit a tender is also any person over 18 years, according to the National Registration has permanent residence in the municipality in which the turbine set at the time of implementation of the tender. For offshore wind turbines established outside the contract is in the first section. that municipality with the municipality whose coastline closest to the mill.
PCS. 3. personae in paragraph. 1 have priority to purchase the units. The group of persons referred to in paragraph. 2 can only buy shares if all shares are sold to the persons covered by paragraph. 1.
PCS. 4. Offering of shares for the purchase officer must at least be done by clearly advertising in local newspapers in the købsberettigedes areas. Advertising can be done in connection with the notice of the meeting about the loss of value mentioned in § 9 paragraph. 1 and 2. The ad, in which the supply takes place, shall contain information on



1) The number and price of the shares to be offered,
2) corporate and extent of liability per. share
3) deadlines and conditions for submission of bids, and
4) where the purchase eligible should contact to request or contract documents.


PCS. 5. The deadline for submitting bids shall be at least four weeks from the time the tender is announced.
§ 16. Exceeds the bids at the tender deadline expired the number of shares on offer, accepted first everyone who has submitted a bid of at least one stake, with an ownership interest. Then met anyone who has submitted a bid of at least two shares, with an additional ownership interest etc., Until all bids for a given number of shares can not possibly be met. The shares can not thereafter be distributed according to the principle described, distributed by lot, conducted by Energinet.dk.
PCS. 2. Distribution principle in paragraph. 1 is applicable to offers made in accordance with § 15 paragraph. 1 and 2.
PCS. 3. wind turbine erector may freely dispose of shares that are not sold through tender.
§ 17. Shares sold through tender, see. § 13, should not be disadvantaged than other parts of the company and can not be compulsorily redeemed.
Green plan for strengthening the local landscape and recreational values ​​
§ 18. Climate and Energy Minister create a green scheme which may be granted to initiatives undertaken to promote local acceptance of the establishment of new onshore wind turbines, which are connected to the grid 21 February 2008 or later, except for wind turbines are connected to their own consumption installation covered by § 41. grants will be awarded with an amount equivalent to 0.4 per ear. kWh for 22,000 full load hours for each wind turbine as mentioned in the first section. Payment of the grant requires that the wind turbine has been connected to the grid.
PCS. 2. A local council can apply Energinet.dk on commitments for grants from the green scheme. The grant application may be filed in connection with the processing of application for erection of wind turbines under the Planning Act or later.
PCS. 3. On the basis of the application, Energinet.dk pledging assistance for expenditure by the local organizing to



1) works to strengthen scenic or recreational values ​​of the municipality and
2) cultural and information activities in local associations, etc. in order to promote acceptance of the use of renewable energy sources in the municipality.


PCS. 4. The local authority may choose to apply for a commitment of funding for amounts referred to in paragraph. 1 for one or more wind turbines. If no authorization is granted as referred to in paragraph. 2 for the erection of a wind turbine, or if it subsequently estimated that the turbine will not be listed deducted from the grant amount for the turbine of the undertaking.
§ 19. Energinet.dk approve the payment of subsidies from the green scheme on the basis of the application from the local council.
PCS. 2. Grants shall be paid within a payment framework for each municipality, as calculated by Energinet.dk. Payout frame includes amounts referred to in § 18 paragraph. 1, for wind turbines, which have been connected to the grid, net of subsidies already paid.
PCS. 3. If the municipality receivable according to an approved application for payment exceeds the balance of the payment framework, paid the difference when the payment framework is enhanced by the connection of wind turbines.
§ 20. Energinet.dk's Decisions on commitments for grants as mentioned in § 18 paragraph. 3, can not be brought before an administrative authority.
PCS. 2. Climate and Energy may lay down rules on




1) applications for commitments with accompanying documentation and conditions for commitments
2) eligible activities
3) handling of requests for commitments and payments and
4) full or partial cancellation of commitments and repayment of grants.


Guarantee scheme for financing of local wind turbine feasibility studies, etc.
§ 21. Energinet.dk can decide on granting a guarantee to local wind turbine committees or other local initiatives, for loans taken out to finance feasibility studies, including the study of locations, technical and economic assessments and preparing applications to the authorities in order to establish one or more wind turbines, not mills that are connected to their own consumption installation as mentioned in § 41, or offshore wind turbines established by tender required. § 23
PCS. 2. The granting of the guarantee is subject to the following requirements are met at the time of application and the time the guarantee is provided:



1) Wind Made or initiative group has at least ten participants.
2) The majority of vindmøllelavets or initiative group participants according to people registered permanent residence in the municipality where the turbine or turbines are scheduled to set or outside the municipality at a distance of at most 4.5 kilometers from the place where the turbine or turbines are scheduled to set. For offshore wind turbines established outside the contract is in the first section. that municipality with the municipality whose coastline closest to the mill. Several turbines are erected in a group, calculated the distance from the nearest turbine.
3) The participants mentioned in no. 2 has a controlling interest in the made or initiative group.
4) lichen or initiative group's implementation of the wind turbine project deemed realistic.


PCS. 3. The warranty covers the principal amount of loans taken on market terms for the purposes referred to in paragraph. 1. The warranty is voided by the grid connection of the mill, but no later than 3 months after the blades are mounted on the turbine.
PCS. 4. If a wind turbine project is not completed required sparked guarantees not recovered unless the wind turbine project fully or partially transferred to others.
PCS. 5. Within the framework of 10 million. kr. Energinet.dk take a decision on granting a guarantee on application by the wind made or initiative group. The guarantee is given in the then-available sum. A maximum granted guarantee of 500,000 kr. Per. project.
Chapter 3
Access to harness energy from water and wind on the sea
§ 22. Access to harness energy from water and wind in the territorial sea and the exclusive economic zone is for only the Danish government. Feasibility studies and subsequent use of energy can only take place after authorization by the Climate and Energy Minister.
PCS. 2. Permission for feasibility studies given either after a call for applications by a tender or receipt of application.
PCS. 3. Permission for feasibility studies given to areas where the climate and energy minister finds that the use of energy can be relevant. The authorization is granted as an exclusive right for a specified area and period of time.
PCS. 4. Climate and Energy may lay down terms for the license, including the conditions that must be examined whether reporting on the feasibility studies and its results, the Minister's recourse to the project's results set. § 24 paragraph. 4, and on compliance with environmental and safety requirements and the like.
PCS. 5. Climate and Energy may decide on licenses under subsection. 2-4.
PCS. 6. Climate and Energy may lay down rules on matters covered by paragraph. 4.
§ 23. In the case permission is granted in accordance with § 22 to that wins the tender. Climate and Energy may set specific conditions or terms, emphasizing in evaluating the bids received.
PCS. 2. Terms in accordance with paragraph. 1 may relate to economic conditions, including production support, design and technical aspects of the production plant or the infrastructure which will connect the plant with the electricity supply system. There may require that consumers or other with the applicant must be able to participate as partners in the project and that the penalty and if the winner of the tender does not comply with conditions of its bid or agreed terms, including deadlines.

PCS. 3. Climate and Energy may decide that Energinet.dk specified extent conducts feasibility studies and make the results of the studies available to the participants in the tender. The winner of the tender will hold Energinet.dk's costs of feasibility studies.
PCS. 4. When applying outside the range given permission for feasibility studies in accordance with § 22 to applicants who are considered to have the requisite technical and financial capacity to carry out the feasibility studies referred. However, § 22, stk. 3. Searches for license for the same area, be authorized to which only transmit an application documenting compliance with the relevant conditions.
PCS. 5. Climate and Energy may lay down rules on matters covered by paragraph. 2 and 3.
§ 24. Once the feasibility studies are completed, submitted a feasibility report to the Climate and Energy Minister, who decides on the design project report can be approved. Approved this, the applicant has the right to use of the approved feasibility study report in accordance with paragraph. 2-4.
PCS. 2. Within 3 months after the approval of the feasibility study report, the applicant must state whether he intends to build a production plant at the site. With climate and energy minister's consent, the right to exploit a prospecting license within the same time transferred to another.
PCS. 3. Receiver Climate and Energy Minister commitments as specified in paragraph. 2, set a deadline for receipt of application for establishment license under § 25 may also require collateral for implementation of the project.
PCS. 4. Receiver Climate and Energy Minister in due time a commitment under paragraph. 2, or complied with a time limit under paragraph. 3 not, the Minister without consideration to the applicant quiet feasibility study report available to others.
§ 25. Establishment of electricity generation plants that utilize water and wind, with associated internal cables in the territorial sea and the exclusive economic zone and significant alterations to existing plants can be made only after prior permission from the Climate and Energy Minister.
PCS. 2. The licenses granted to applicants who have a right to exploit a prospecting license according to § 24 paragraph. 1, 2 or 4, and deemed to have the necessary technical and financial capacity.
PCS. 3. Climate and Energy Minister may condition the approval of those systems of conditions, including requirements for the construction, design, installation, setup, operation, dismantling and collateral for the dismantling of plants, as well as economic, technical, safety and environmental conditions in connection with the establishment and operations, including stay and residence.
PCS. 4. Power generation equipment referred to in paragraph. 1, which is firmly anchored in the same place in territorial waters etc., are considered in land registration purposes for real estate. Registration of rights over such facilities takes place under the rules of the Land Registration Act § 19 paragraph. 1, 2nd sentence.
§ 26. Permission to establish installations according to § 25, which are likely to affect the environment significantly, can only be granted on the basis of an assessment of the environmental impact, and by the public and the relevant authorities and organizations have had the opportunity to comment on it.
PCS. 2. Climate and Energy may lay down rules on the delimitation of the installations covered by paragraph. 1.
PCS. 3. Climate and Energy may lay down detailed rules for the information and any studies that are necessary for an assessment of the environmental impact can be made. Climate and Energy may decide that assessments be carried out by one of § 25 covered installation's environmental impacts during and after establishment. Climate and Energy may decide that assessments of the environmental impact of the of § 25 eligible installations to be assessed by independent experts.
PCS. 4. Climate and Energy may lay down rules on informing and consulting the public and the relevant authorities and organizations in connection with



1) in paragraph. 1 shall assessments
2) in paragraph. 2, the definition and the related decisions and
3) applications for authorization according to § 25


PCS. 5. Costs associated with the paragraph. 1-4 activities referred borne by the applicant for a permit to establish a power generation plant in accordance. § 25.

PCS. 6. Climate and Energy may decide that in paragraph. 5, the costs incurred for activities that may be essential for future projects covered as specified in § 8 paragraph. 3, no. 3, the Electricity Supply Act.
§ 27. In order to avoid damage to the designated international nature protection areas integrity construction projects in accordance with § 25, which in itself or in conjunction with other projects or plans may affect such areas significantly, assessed in terms of their implications for the site's conservation objectives for this.
PCS. 2. Permission for the projects referred to in paragraph. 1, can be given only after consultation with interested parties, and if



1) such projects do not harm an international conservation integrity or
2) The overriding public interest, including those of social or economic nature, makes it imperative to implement the project because there is no alternative settlement. However paragraph. 4.


PCS. 3. When the authorization shall be notified in accordance with paragraph. 2, no. 2, the Climate and Energy Minister appropriate compensatory measures to mitigate the negative effects for the site. Costs for such measures is covered by the project applicant. Climate and Energy Minister report to the European Commission, the compensatory measures taken.
PCS. 4. In the case of an international nature protection area a priority natural habitat type or a priority species, may be authorized only in accordance with § 25 projects covered by paragraph. 2, no. 2, if



1) this is necessary for human health, public security or achieve significant beneficial effects on the environment or
2) other significant public interest makes the implementation imperative.


PCS. 5. Consent pursuant to paragraph. 4, no. 2, can be made only after consulting the European Commission.
PCS. 6. The Minister may lay down detailed rules for the assessment of projects in accordance with paragraph. 1 and in accordance with § 22b of the Electricity Supply Act and may in permits under this provision and in accordance with § 22b of the Electricity Supply Act set conditions, including compensatory measures for the protection of nature reserves.
§ 28. Climate and Energy Minister shall take appropriate measures, including by setting conditions or granting an injunction or prohibition to prevent the deterioration of natural habitats and the habitats of species in international nature protection areas and disturbance of the species for which the areas are designated, if these disturbance could be significant for the objectives of Council Directive 92/43 / EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (Habitats Directive).
§ 29. Installations covered by § 25 paragraph. 1, may be put into operation for the exploitation of energy when permission is given by the Climate and Energy Minister. The authorization is granted for 25 years and may apply to be extended.
PCS. 2. Authorization may be granted where the applicant shows that the conditions imposed under §§ 22-28 and in any tender contract are met.
PCS. 3. There may permit stipulations, including on technical and financial matters concerning the operation of the plant, on duty to ensure future compliance with the conditions imposed in permits under §§ 22-28, on supervisory duty in relation to the total plant and favored conditions and the obligation for reporting on the above matters.
PCS. 4. Permits granted under the provisions of §§ 22-25 and 29, with the climate and energy minister's permission transferable.
Chapter 4
Connecting and safety requirements for wind turbines etc.
§ 30. Climate and Energy may lay down rules on wind turbines for electricity grid connections, including rules



1) the categories of plants and installations, including landing facilities from offshore wind farms, which are the responsibility respectively turbine owner and the collective electricity supply companies to perform
2) wind turbine owner's access to the use of landing facilities established by the electricity supply undertaking which carries landfall, and the payment for it,
3) how the costs of establishing grid connection and costs of being connected to the grid divided between the wind turbine owner and the collective electricity supply companies, and

4) how the costs entailed for the collective electricity supply companies are recognized in the prices of electricity, see. § 8 paragraph. 2-5 of the Electricity Supply Act.


PCS. 2. Climate and Energy may lay down rules on payment to cover network or transmission company's costs in processing applications for grid connection.
§ 31. If the electricity does not establish an offshore wind farm, even though the electricity producer has undertaken to do so in accordance with the terms of an offer according to § 23, the electricity producer to incur strict liability of Energinet.dk's consequent loss.
PCS. 2. If Energinet.dk not meet the deadlines and conditions for grid connection of offshore wind farm according to conditions of supply, Energinet.dk incur strict liability for the electricity producer consequent loss.
PCS. 3. The granting of compensation under paragraph. 1 and 2 should be in accordance with the conditions and limits specified in the tender conditions. Disagreement on access to compensation in accordance with paragraph. 1 and 2 and disagreement on the amount of compensation determined by the courts.
PCS. 4. If the State by judgment will be imposed liability because it decided the location of the offshore wind farm entails losses for owners of adjacent, already established offshore wind turbines, held the imposed indemnity of Energinet.dk.
PCS. 5. The following items of income and expense included in Energinet.dk's pricing according to § 71 of the Electricity Supply Act, see. Moreover, § 32 paragraph. 4:



1) Compensation amount as electricity producer paid under subsection. 1.
2) Compensation Payments which Energinet.dk pays under subsection. 2 and 4.
3) Necessary costs to comply with the tender conditions for grid connection of offshore wind farm in cases where offshore wind is not established, and with costs according to supply conditions not covered by the electricity producer.


§ 32. If a transmission company according license pursuant to § 19 of the Electricity Supply Act is obliged to carry out parts of a landfall from a put offshore wind farm, the transmission company shall if necessary to Energinet.dk's fulfillment of orders for this company on the establishment of the onshore facility, see. § 4, paragraph. 6 of the Act on Energinet.dk. With a landfall means a transmission connection from an offshore wind farm to an agreed point of connection to the transmission grid.
PCS. 2. Energinet.dk is responsible to the electricity producer for the performance of ilandsføringsanlægget.
PCS. 3. Energinet.dk and transmission company shall, by negotiating the scope of activities incumbent transmission company. If landfall is not completed and commissioned, held broadcasting company the necessary costs of activities carried out in order to meet the tender conditions by Energinet.dk on the basis of the statement of costs incurred.
PCS. 4. Energinet.dk's costs incurred as referred to in paragraph. 3 included in any claims against the electricity producer according to § 31 paragraph. 1, in the context of supply conditions and spent otherwise in Energinet.dk's collection of amounts referred to in § 31 paragraph. 5, no. 3
PCS. 5. Disagreements regarding access to cover costs referred to in paragraph. 3 and disagreement about the size of those decided by the courts.
Technical and safety requirements for wind turbines
§ 33. Climate and Energy may lay down rules on wind turbine design, manufacturing, installation, operation, maintenance and service as well as the requirements for certification, accreditation and testing.
PCS. 2. Climate and Energy may lay down rules on the turbine owner by order of the Climate and Energy Minister has a duty to stop the turbine, if this is illegal developed or have not been carried out maintenance and service, as well as rules that the wind turbine owner is obliged to take out liability insurance.
PCS. 3. Climate and Energy may authorize an enterprise or an expert institution or organization to perform specified functions for technical approval of wind turbines and perform supervision and control of compliance with rules laid down under paragraph. 1 and 2.
PCS. 4. Climate and Energy may lay down rules concerning payment to cover the costs of processing applications for certification and approval.
Chapter 5
Adjustment of power generation for offshore wind turbines offered
§ 34. This provision deals with the regulation of electricity from offshore wind farms, which are established by tender referred to in § 23rd

PCS. 2. The electricity producer to report his plan for electricity for the next operating day to Energinet.dk.
PCS. 3. Energinet.dk may order downregulation by reduction or interruption of electricity, if this is necessary because of



1) failure or maintenance work on transmission systems for the landfall of electricity or the other transmission or
2) capacity limitations, moreover, in the interconnected transmission grid, which can be remedied by downregulation.


PCS. 4. An order under subsection. 3 is subject to the down regulation is necessary for security of supply or economically optimal use of the public electricity supply system, including the smooth functioning competitive market.
PCS. 5. If the electricity producer's actual power production in a day of operation does not correspond to the declared subsequent mandatory downward adjustments, Energinet.dk require reasonable payment for the imbalances electricity producer overall inflict system.
PCS. 6. Energinet.dk may establish rules for review under subsection. 2 and regulations containing general criteria for downregulation by paragraph. 3.
PCS. 7. operating procedures should be available to users and potential users of the public electricity supply system. Energinet.dk, in consultation with relevant parties to notify the requirements laid down to the DEA. DEA may order amending the regulations.
§ 35. Energinet.dk provide payment to electricity producers for losses caused by downregulation, see. § 34, carried out in 25 years from authorizing the use of energy in territorial waters or in the exclusive economic zone in accordance. § 29 | || PCS. 2. In determining the payment calculated loss of revenue based on the sale of electricity under the actual conditions at



1) a price similar to that of § 37 paragraph. 2, said total value of the market price and the price supplement in the period when this surcharge will be provided and
2) a price equal to the according to § 51 paragraph. 2, no. 1, fixed market price. kWh after the date on which the surcharge has ended according to § 37 paragraph. 4 and 5, or deselected according to § 53 paragraph. 2.


PCS. 3. There shall be no payment if downregulation is a result of force majeure.
PCS. 4. Disputes over access to payment and its size is decided by the courts.
PCS. 5. Energinet.dk prepares rules containing methods for how the amount of lost electricity as a result of downregulation calculated and how the size of the lost earnings is calculated in order to cover the electricity producer losses. § 34 paragraph. 7 shall apply mutatis mutandis for regulations mentioned in para. 1.
Chapter 6
Price subsidies etc.
Price subsidies etc. for wind turbines
§ 36. This provision deals with electricity produced by wind turbines connected February 21, 2008 or later, except for the wind turbines that are connected to their own consumption installation, see. § 41, and offshore wind turbines, see. § 37.
PCS. 2. There is a price subsidy for wind turbines covered by paragraph. 1 of 25 kr. kWh for electricity production, corresponding to the production of the first 22,000 hours of wind turbine installed capacity (full load hours) after the wind turbine grid connection.
PCS. 3. An allowance of 2.3 per ear. kWh for balancing costs for electricity from wind turbines covered by paragraph. 1.
§ 37. This provision deals with subsidies for electricity produced by wind farms, which are offered under the provisions of § 23
PCS. 2. Additional charge pursuant to subsection. 1 shall be as follows:



1) For electricity generated by offshore wind farm Horns Rev 2, offered July 7, 2004, is a price subsidy to be determined so that this and the following § 51 paragraph. 2, no. 1 market price determined 51.8 per ear. kWh.
2) For electricity generated by offshore wind farm Rødsand 2, offered Feb. 7, 2008, is a price subsidy to be determined so that this and the following § 51 paragraph. 2, no. 1 market price determined 62.9 per ear. kWh.


PCS. 3. If the electricity producer to pay a feed by transferring electricity to the main electricity supply grid, also a supplement corresponding to the payment after the fixed feed-in tariff.

PCS. 4. Additional charge under subsection. 2 and 3 granted for electricity generation of 10 TWh, which is manufactured in accordance with the terms of the offering. Price subsidies granted for a maximum of 20 years from the date of the offshore wind farm grid connection.
PCS. 5. If payment is referred to in § 35 for deregulation of electricity generation in the period in which the subsidy is awarded in accordance with paragraph. 2 and 3, included electricity production corresponding to the compensated output in the total electricity production receiving surcharges.
§ 38. This provision deals with electricity produced by wind turbines, which are connected to the grid later than 20 February 2008 except for the wind turbines that receive price supplements according to §§ 39-41. There will be no surcharge under this provision to utility-financed wind turbines connected to the grid by 31 December 1999.
PCS. 2. For electricity from wind turbines covered by paragraph. 1 is a price subsidy of 10 cents per. kWh for 20 years from network connection.
PCS. 3. Additional charge under subsection. 2 electricity from wind turbines connected to the grid before 1 January 2005 fixed so as to supplement and according to § 51 paragraph. 2, no. 2 or 3 market price determined does not exceed 36 cents per. kWh.
PCS. 4. In addition, provides for a compensation of 2.3 cents per. kWh for balancing costs for electricity from wind turbines covered by paragraph. 1 except for utility-financed wind turbines.
§ 39. This provision deals with electricity produced by wind turbines connected to the grid by 31 December 2002, which meets the following conditions. The provision does not apply to electricity from wind turbines connected to their own consumption installation covered by § 41 and utility-financed wind turbines.
PCS. 2. If the turbine meets the definition of an existing wind turbine, see. Paragraph. 8, provides for subsidies for electricity in accordance with paragraph. 3-5. The surcharge ends December 31, 2012 regardless to in paragraph. 3-5 listed on the duration of the surcharge.
PCS. 3. The premium fixed so that this and the following § 51 paragraph. 2, no. 1 market price determined 60 kr. kWh. The subsidy is awarded for 10 years from the turbine's original connection to the electricity grid, to the extent that the supply of electricity is equivalent to an initial electricity production in Nos. 1-3 above full load hours:



1) For wind turbines with an installed capacity of 200 kW or less granted surcharges for 25,000 full load hours.
2) For wind turbines with an installed capacity of 201 kW and 599 kW granted surcharges for 15,000 full load hours.
3) For wind turbines with an installed capacity of 600 kW granted surcharges for 12,000 full load hours.


PCS. 4. State in question. 3, the amount of electricity supplied within 10 years from the grid connection, comes with a price supplement for the continued production of electricity for 10 years from the grid connection. The surcharge fixed so that this and the following § 51 paragraph. 2, no. 1 market price determined 43 kr. kWh.
PCS. 5. If the entire amount of electricity as referred to in paragraph. 3, Nos. 1-3, is not delivered within 10 years from the wind turbine grid connection, comes with a price supplement for the remainder of the said power generation. The surcharge amounts to 27 cents per. kWh and is set so that this and the following § 51 paragraph. 2, no. 1 market price determined does not exceed 60 cents per. kWh.
PCS. 6. If the turbine does not meet the definition of an existing wind turbine, see. Paragraph. 8, there is a price supplement under the no. 1 and 2 laid down. The surcharge fixed so that this and the following § 51 paragraph. 2, no. 1 market price determined 33 kr. kWh:



1) For a wind turbine on land granted surcharges for original electricity equal to the production of 22,000 full load hours.
2) For a wind turbine in territorial waters, etc., see. § 25 paragraph. 1, which are not located in a selected main area of ​​wind turbine development, given the supplement electricity for 10 years from the wind turbine grid connection.


PCS. 7. For electricity generation covered by paragraph. 6 are also given a price premium of 10 cents per. kWh.
PCS. 8. Climate and Energy may lay down rules that lay down a wind turbine must meet to be considered as existing and thus covered by paragraph. 2, and on the definition of offshore wind turbines etc. covered by paragraph. 6, no. 2.

§ 40. This provision deals with electricity generated by utility-financed wind turbines connected to the grid from 1 January 2000, except for electricity from offshore wind turbines, etc., see. § 25 paragraph. 1, which is funded by reserves by previous legislation.
PCS. 2. For electricity produced by a wind turbine on land is a price subsidy to be determined so that this and the following § 51 paragraph. 2, no. 1 market price determined 33 kr. kWh. The subsidy is awarded for 10 years from the turbine connection to the electricity grid.
PCS. 3. For electricity produced by a wind turbine in territorial waters, etc., see. Paragraph. 1, is a price subsidy to be determined so that this and the following § 51 paragraph. 2, no. 1 market price determined 35.3 per ear. kWh. If the producer must pay a feed-transmission of electricity to the main electricity supply grid, also a surcharge of up to 0.7 cents per. kWh on a daily average. The surcharges paid for electricity production corresponding to a production of 42,000 full load hours.
PCS. 4. For electricity from wind turbines covered by paragraph. 2 and 3 are also given a price premium of 10 cents per. kWh.
§ 41. A subsidy is awarded for electricity supplied to the electricity grid from a wind turbine with an installed power of 25 kW or less connected to their own consumption installation. The subsidy is awarded regardless of the connection point and is set so as to supplement and according to § 51 paragraph. 2, no. 1 market price determined 60 kr. kWh.
Additional surcharges by scrapping certificates
§ 42. This provision deals with additional subsidies for electricity produced on a brand new wind turbine which utilizes scrapping certificates issued for the dismantling of wind turbines.
PCS. 2. A subsidy is awarded for electricity produced by a wind turbine connected to the grid from 1 April 2001 to 1 January 2004, provided that the owner of the wind turbine utilizes scrapping certificates that have been issued for the dismantling of a wind turbine with a power of 150 kW or less in the period from 3 March 1999 to 31 december 2003. the surcharge amounts to 17 cents per. kWh and paid for electricity production equivalent to 12,000 full load hours for the part of the electricity produced, which are covered by scrapping certificate.
PCS. 3. If a subsidy is awarded in accordance with paragraph. 2 and according to § 39 paragraph. 6, fixed sum of the surcharges so that these and according to § 51 paragraph. 2, no. 1 market price determined does not exceed 60 cents per. kWh.
PCS. 4. A subsidy is awarded for electricity produced by a wind turbine connected to the grid from 1 January 2005 to 31 December 2010, on condition that the owner of the wind turbine utilizes scrapping certificates issued for the dismantling of a wind turbine with an output of 450 kW or less from 15 december 2004 to 15 december 2010. the certificate can not be used in offshore wind turbines, etc., see. § 25 paragraph. 1, or wind turbines that are connected to their own consumption installation covered by § 41. Scrapping certificates may be issued from a pool, which corresponds to a total power of dismantled wind turbines of 175 MW.
PCS. 5. The surcharge under paragraph. 4 granted pursuant. However paragraph. 6, as follows:



1) wind turbines connected later than 20 February 2008, the price subsidy 12 kr. kWh for electricity production corresponding to 12,000 full load hours for double the dismantled wind turbine installed capacity. The surcharge fixed so that the charge and the sum of the following § 51 paragraph. 2, no. 2, fixed price and price supplements according to § 38 paragraph. 2, does not exceed 48 cents per. kWh.
2) wind turbines connected February 21, 2008 or later, the price subsidy 8 cents per. kWh for electricity production corresponding to 12,000 full load hours for double the dismantled wind turbine installed capacity.


PCS. 6. The owner of a wind turbine, which is connected to the grid from 21 February 2008 to 31 December 2010, may elect to receive the surcharge referred to in paragraph. 5, no. 1 for scrapping certificates, as utilized in the wind turbine. The surcharge fixed so that the price supplement and the sum of the following § 51 paragraph. 2, no. 2 market price determined does not exceed 38 cents per. kWh. Option of prices as mentioned in the first section. is binding in the funding period. The option is subject to the wind turbine owner shall inform Energinet.dk respect by the grid connection.

PCS. 7. A wind turbine, which has been issued scrapping certificate can not be reconnected electricity grid or utility installation from which electricity can be supplied to the electricity grid.
PCS. 8. Climate and Energy may lay down rules on the issue, circulation and use of scrapping certificates and documentation of the conditions for price supplement are met. The Minister may also lay down detailed rules on the calculation of the pool referred to in paragraph. 4, 3rd clause.
§ 43. This provision contains common rules on price increases and other benefits under §§ 36-42.
PCS. 2. Climate and Energy may lay down rules on the right to receive price supplements and other benefits in accordance with §§ 36-42, the calculation of wind turbines installed capacity and production and on other matters of importance for determining the price increases and other benefits.
PCS. 3. Climate and Energy may, upon submission to a parliamentary committee set specific rules about



1) the compensation of 2.3 cents per. kWh according to § 36 paragraph. 3, or § 38 paragraph. 4 shall be reduced or canceled, and
2) the price supplement under § 40 or § 41 shall be withdrawn.


Price subsidies etc. to other renewable energy power generation equipment
§ 44. This provision deals with electricity produced by biogas, gasification gas produced by biomass, stirling engines and other special power generation plants with biomass as an energy source.
PCS. 2. For electricity produced by plants that only use energy sources covered by paragraph. 1, comes with a price supplement to be determined so that this and the following § 51 paragraph. 2, no. 1 market price determined 74.5 per ear. kWh.
PCS. 3. For electricity, which is produced using energy sources covered by paragraph. 1 together with other fuels, is a price subsidy of 40.5 cents per. kWh for the proportion of electricity produced by sources covered by subsection. 1.
PCS. 4. The sum of subsidies and market price referred to in paragraph. 2 and surcharges referred to in paragraph. 3 indexed on 1 January each year from 2009 on the basis of 60 per cent. increases in the consumer price index in the previous calendar year compared to 2007.
§ 45. This provision deals with electricity produced by burning biomass other than electricity, which receive price supplements according to § 46.
PCS. 2. For electricity covered by paragraph. 1 comes with a price premium of 15 cents per. kWh, whether electricity is produced by plants that only use biomass, or plant where biomass is used together with other fuels.
§ 46. This provision deals with electricity produced by burning biomass in utility-financed renewable energy power generation equipment, which has been subject to § 57 a of the Electricity Supply Act, as inserted by Act no. 495 of 9 June 2004.
PCS. 2. Support for electricity as referred to in paragraph. 1 for 10 years from the commissioning of the plant, but at least for 10 years from 1 August 2001. The aid is as follows:



1) There is a price subsidy to be determined so that this and the following § 51 paragraph. 2, no. 1 market price determined 30 kr. kWh.
2) Climate and Energy may, upon submission to a parliamentary committee decide that justifies a price premium of up to 100 kr. Per. burned ton biomass. When determining the price size of the supplement can be given to the expenses incurred by the owner of each of which incurs in connection with the burning. These supplements can plant together in total exceed 45 million. kr. per year.
3) There shall also be a surcharge of 10 cents per. kWh.


PCS. 3. After the termination of subsidies in paragraph. 2 comes with price supplement under § 45.
§ 47. This provision deals with electricity produced by plants that solely use



1) solar energy, wave power or hydropower or
2) other renewable energy sources apart from biogas and biomass, see. §§ 44-46.


PCS. 2. For electricity from plants connected to the grid later than 21 April 2004 comes with a price supplement to be fixed so that this and the following § 51 paragraph. 2, no. 1 market price determined 60 kr. kWh. The subsidy is awarded for 20 years from the grid connection, at least 15 years from 1 January 2004.
PCS. 3. For electricity from installations connected to the grid 22 April 2004 or later, there is a price supplement follows:




1) For electricity produced using energy sources or technologies essential for the future deployment of RES electricity comes for Climate and Energy Minister provision a premium to be determined so that this and the following § 51 paragraph. 2, no. 1 market price determined 60 kr. kWh for 10 years after the grid connection and 40 kr. kWh in the following 10 years.
2) For electricity generated from other sources than those in no. 1 above is a price subsidy of 10 cents per. kWh for 20 years from network connection.


PCS. 4. Climate and Energy may lay down rules on the granting of the surcharge under subsection. 3 for electricity production from a plant connected to the grid by 21 April 2004, after the power generation capacity after this date increased significantly due to replacement or major expansions of the plant.
§ 48. This provision deals with electricity produced by plants in § 47 paragraph. 1, said renewable energy sources used with other energy sources.
PCS. 2. If the use of renewable energy sources covered by subsection. 1 is initiated on or before 21 April 2004 and comes with a premium to the share of electricity from these sources, which account for 26 kr. kWh for 20 years, at least 15 years from 1 January 2004.
PCS. 3. If the use of renewable energy sources covered by subsection. 1 commenced April 22, 2004 or later, comes with a price supplement to the share of electricity from such energy sources as follows:



1) For electricity from energy sources or technologies essential for the future deployment of RES electricity comes for Climate and Energy Minister determining a price subsidy of 26 cents per. kWh for 10 years and 6 cents per. kWh in the following 10 years.
2) For electricity generated from other sources than those in no. 1 above is a price subsidy of 10 cents per. kWh for 20 years from network connection.


PCS. 4. Climate and Energy may lay down rules on the granting of the surcharge under subsection. 3 to renewable energy share of electricity production at a plant where the use of renewable energy sources has started by 21 April 2004 for renewable energy share after this date increased significantly due to replacement or major expansions of the plant.
Funding for small RE technologies
§ 49. Energinet.dk provides funding to promote the spread of power generation plants with a smaller capacity, including solar cells, wave power plants and other renewable energy facilities using energy sources or technologies of interest for the future deployment of RES electricity.
PCS. 2. Subsidies granted by a pool which Energinet.dk establishes and maintains. Grant funding amounts to 25 million. kr. annually for 4 years.
PCS. 3. Grants are awarded in order to promote the market introduction of installations covered by paragraph. 1, including subsidies for pilot projects on a smaller scale. Grants are subject to the plant connected to the grid.
PCS. 4. Grants may be granted for the establishment of plants, plant operation for a specified period or information about the energy properties of plants and the like. Support for establishment and operation can be provided together with the surcharge according to § 47 paragraph. 3, no. 1 or § 48 paragraph. 3, no. 1
PCS. 5. Climate and Energy may lay down rules that a plan for the use of pool funds must be approved by the Minister before expenditure may be charged consumers see. § 8 paragraph. 2, the Electricity Supply Act. The Minister may also lay down specific rules on the allocation of grants, including grant sizes, whether full or partial cancellation of commitments and repayment of grants and the accounting and reporting of activities.
§ 50. This provision lays down common rules for price increases and other benefits under §§ 44-49.
PCS. 2. Climate and Energy may, upon submission to a parliamentary committee set specific rules that subsidies for specified categories of plants or energy sources as specified in §§ 44-48 must be reduced or waived, as well as lay down rules or decide about which categories of installations that can get the surcharge according to § 47 paragraph. 3, no. 1 or § 48 paragraph. 3, no. 1
PCS. 3. There shall be no surcharge under §§ 45-48 for electricity produced by burning waste.

PCS. 4. There may also subsidy is awarded according to §§ 58 and 58 of the Act on electricity supply for electricity produced as mentioned in § 44 paragraph. 3, and §§ 45 and 48. There may also subsidy is awarded according to § 58 b of the Danish electricity supply for electricity from the sites mentioned in § 45.
PCS. 5. Climate and Energy may lay down rules on the right to receive price supplements and other benefits in accordance with §§ 44-49. The Minister may also lay down specific rules on how the surcharge is calculated for RES electricity production plants using different fuels.
PCS. 6. Hydropower in §§ 47 and 48 include only hydropower plants under 10 MW. Climate and Energy may change the capacity limit of the first section.
General rules for determining the price surcharge marketing of renewable electricity generation
§ 51. Grid companies report on an hourly basis to Energinet.dk amount of electricity produced from plants covered by §§ 36-50. Energinet.dk sets guidelines for calculation and reporting of electricity.
PCS. 2. Energinet.dk determines the market price for electricity produced by the plants referred to in paragraph. 1 as follows:



1) The market price for electricity produced by plants covered by §§ 36, 37 and 39-41, § 44 paragraph. 2 and §§ 46 and 47 fixed on an hourly basis as the spot price, see. Paragraph. 3, for electricity in that area.
2) The market price for electricity from wind turbines covered by § 38, except in the no. 3 shall be determined on a monthly basis as a weighted average of the market value of the total electricity production from wind turbines in that area at the spot price, see. Paragraph. 3.
3) The market price for electricity produced by wind turbines, as mentioned in § 38, which is located in territorial waters, etc., see. § 25 paragraph. 1, and is connected to the grid after 31 December 2002 shall annually as a weighted average of the market value of the electricity at the spot price, see. Paragraph. 3.


PCS. 3. The spot price for electricity meant the hourly rate, as the Nordic power exchange, Nord Pool, indicates per. kWh on the spot market for that area.
PCS. 4. Payment for electricity produced by plants covered by §§ 39 and 41, and § 47 paragraph. 2 and paragraphs. 3, no. 1, for 1 hour can not exceed the total amount of subsidy and market price fixed by those provisions. If the market for 1 hour exceeds the total amount offset Energinet.dk the exceeding amount at the next payment of market price and the price supplement.
PCS. 5. If the established market price for electricity produced by plants covered by §§ 37, 40 and 46 exceeds the set by those provisions total amount of subsidy and market Energinet.dk shall calculate a negative price supplement. The negative subsidy for electricity produced by plants covered by §§ 40 and 46 may not exceed the amount of paid-in tariff in the last year before the calculation date. The negative subsidy offset against payments of price supplements.
§ 52. Energinet.dk will sell electricity generated by wind turbines covered by §§ 39 or 41 and other renewable energy power generation installations covered by § 44 paragraph. 2 and § 47 on Nord Pool and pay the purchase price to the plant owner. Energinet.dk must also bear in § 27c paragraph. 8, point 2. Of the Law on electricity costs mentioned imbalance of power production.
PCS. 2. Electricity producers covered by paragraph. 1 shall not be imposed costs of feeding electricity into the electricity supply grid, which is not upon them under the current provisions on purchase obligation.
PCS. 3. When the price for electricity as referred to in paragraph. 1 ends, the electricity producer notify Energinet.dk, the producer has agreed to sell and balancing of electricity production. The notice shall be given at least one month's notice to the first day of the month in which the price supplement ceases.
PCS. 4. Energinet.dk to carry out the balancing of electricity on a wind turbine subject to § 38, which is connected to the grid by 31 December 2002 except for utility-financed wind turbines and selling electricity in Nord Pool, the electricity producer so requests, or if the electricity producer fails to indicate which referred to in paragraph. 3. The performance of the balancing and the sale is subject to the electricity producer pay the necessary costs which Energinet.dk holds in connection therewith.
PCS. 5. Revenues and costs of the tasks listed in paragraph. 1 and 4 must be kept separate from the accounts Energinet.dk's other tasks, not tasks specified in § 59a paragraph. 1, the Electricity Supply Act.

PCS. 6. Energinet.dk establishes guidelines on limits and conditions for the fulfillment of balancing and sales as referred to in paragraph. 4.
Rejection of subsidies
§ 53. Climate and Energy may lay down rules on the conditions and deadlines for generators' rejection of subsidies and other benefits in accordance with §§ 36-50 and § 52 paragraph. 1. Climate and Energy may lay down rules that electricity producers must pay the necessary costs associated with opting out of these subsidies etc.
PCS. 2. Price subsidies according to § 37 can not be resumed after deselection.
Payment of subsidies etc.
§ 54. For wind turbines covered by value scheme in §§ 6-12 and purchasing scheme in §§ 13-17, the payment of surcharges or other services under this Act only take place if



1) Energinet.dk has approved advertising and material for the public meeting value scheme in accordance with § 9 paragraph. 2
2) erector has conducted the public meeting value scheme referred to. § 9 paragraph. 1 and
3) Energinet.dk has approved the tender documents have been prepared and the offering of shares is made in accordance with §§ 14 and 15, see. § 13 paragraph. 4.


PCS. 2. Energinet.dk decides whether the conditions in paragraph. 1 to receive price supplements and other benefits have been satisfied. Energinet.dk may decide that minor infringements of the rules is not to be void of price increases and other benefits.
§ 55. Payment of price increases and other benefits under the provisions of §§ 36-50 and rules laid down under these provisions may be withheld if the electricity producer regardless of the request is not within a set deadline communicate sufficient information for a decision on payment of the surcharge or other performance or supervision and control of the payout.
PCS. 2. Payment will resume when the electricity producer has announced specific details of the relationship.
PCS. 3. Climate and Energy may lay down rules on the conditions and time limits for detention and the resumption of price increases and other benefits.
§ 56. Energinet.dk shall pay the amount of correction of too little paid surcharges and other services for electricity, receiving price increases and other benefits under the provisions of §§ 36-50 and rules prescribed pursuant to these provisions and charge amounts to cover of overpaid surcharges or other benefit.
PCS. 2. Ownership of an electricity production plant receiving surcharges or other services referred to in paragraph. 1, and changes in ownership must be reported to Energinet.dk.
PCS. 3. Energinet.dk can legally releasing pay surcharges and other services and the amount of correction of too little paid surcharges and other services to the declared owner of power generation facility in the period in which the payment relates, unless the owner has declared that payment must be made to another.
PCS. 4. Climate and Energy may lay down rules on the declaration and payment under subsection. 1-3.
Chapter 7
Administrative provisions etc.
§ 57. Climate and Energy may lay down rules on the collective electricity supply companies acting in matters covered by §§ 30, 33, 36-53, 55 and 56 and rules adopted pursuant to those provisions. The Minister can also lay down rules on the collective electricity supply companies perform administrative duties under these provisions.
PCS. 2. Decisions taken by the collective electricity supply companies in accordance with the provisions stipulated in paragraph. 1, can be appealed to the Climate and Energy Minister, unless otherwise provided by rules laid down under § 61 or § 68 paragraph. 1 pt. 1
§ 58. Climate and Energy may lay down rules concerning payment to cover the cost of



1) processing of applications for authorization, including the authorizations referred to in § 22 paragraph. 1, § 25 paragraph. 1 and § 29 paragraph. 1 and
2) supervise compliance with the conditions in permits.


§ 59. Climate and Energy Minister, the Energy Regulatory Authority and the Energy Complaints can be related to the treatment of a complaint or in the exercise of supervision by Energinet.dk other power generation companies and their affiliated companies and affected consumers obtain information necessary for the fulfillment of their tasks.

§ 60. Climate and Energy may lay down rules that specified international decisions and technical specifications relating to plants, facilities, products, etc., which are referred to in regulations established under this law, not into Lovtidende .
PCS. 2. Climate and Energy Minister shall lay down rules about how information about international decisions and technical specifications are not entered in the Gazette, see. Paragraph. 1, can be obtained.
Chapter 8
Energy Regulatory
§ 61. Climate and Energy may lay down detailed rules for the tasks DERA must undertake. Climate and Energy may lay down rules for the supervisor to carry out tasks that are assigned to the Minister.
§ 62. The Energy Regulatory Authority may hear and determine cases on its own initiative or on the basis of a notification or a complaint.
§ 63. The Energy Regulatory Authority may without a court order on proof of identity for supervision by law



1) on the spot acquainted with and take copies of any information, including accounts, accounting records, books, other business papers and electronically stored data, and
2) access to an undertaking or association premises.


PCS. 2. The police assist in exercising powers under paragraph. 1.
§ 64. The Energy Regulatory Authority Climate and Energy Minister aware of matters which, according believe may be relevant to the solution of the tasks under this Act.
§ 65. The cost of the performance of DERA under this Act or regulations established pursuant to this Act are paid by the companies that supervision supervises see. However paragraph. 2.
PCS. 2. Climate and Energy may specify rules for payment under paragraph. 1, including having to pay a fee for bringing an appeal before the Energy Regulatory Authority.
PCS. 3. Climate and Energy may further lay down rules on time limits for appeal to the Energy Regulatory Authority.
Chapter 9
Complaints, Energy Complaints mm
§ 66. Energy Board of Appeal processes appeals from decisions of the Climate and Energy or the Energy Regulatory Authority under this Act or rules laid down under the law.
PCS. 2. Energy Board investigates complaints of Energinet.dk's decisions under §§ 18-21 and § 54 paragraph. 2, and regulations established thereunder.
PCS. 3. Climate and Energy Minister and Energy Authority pursuant to the Act or regulations established pursuant to this Act and Energinet.dk's decisions under subsection. 2 can not be appealed to any other administrative authority than Energy Board. The decisions may not be brought before the courts before the final administrative decision.
PCS. 4. Appeals must be lodged in writing within four weeks after the decision was announced.
PCS. 5. Energy Board chairman may, after agreement with the Board make decisions on its behalf in cases heard under this Act or rules laid down under the law.
PCS. 6. Proceedings for the trial of decisions by the Energy Board under the Act or the regulations issued under this Act shall be instituted within six months after the decision was communicated to him. If the decision is publicly announced, time shall always from the Order.
§ 67. Anyone with a significant and individual interest may complain to the Energy Board of the environmental conditions in decisions under § 25, where such decisions are also subject to §§ 26-28.
PCS. 2. Local and national associations and organizations whose main purpose is the protection of nature and environment, appealing the decisions referred to in paragraph. 1. The same applies to local and national associations and organizations for their purposes as providing important recreational interests, where a decision affecting such interests.
PCS. 3. Local and national associations and organizations shall, within the same time as the appeal their statutes to Energy Board as evidence that they are local or national, and that their purpose complies with paragraph. 2.
PCS. 4. Appeals under paragraph. 1 and 2 shall be submitted in writing, within four weeks after the decision is announced to the public. If the appeal period expires on a Saturday or holiday, the deadline is extended to the following business day.
PCS. 5. A license may not be exercised until the appeal period has expired.
PCS. 6. Complaints about a permit for a project covered by paragraph. 1 does not have suspensive effect unless Energy Board decides otherwise.

PCS. 7. Energy Board decisions can not be appealed to any other administrative authority.
§ 68. Climate and Energy may lay down rules on



1) the right to appeal against decisions under the Act or regulations established pursuant to this Act shall be taken by the Climate and Energy or the Energy Regulatory Authority, including that certain decisions may not be brought before the Energy Board and that decisions of the collective electricity supply activities mentioned in § 57 paragraph. 1, or an institution under the Climate and Energy Ministry or other authority as the Minister in accordance with § 70, has ceded his powers under the Act, not be brought before the Climate and Energy Minister, and
2) payment of fees for bringing a complaint before the Energy Board.


§ 69. In decisions under this Act or regulations established pursuant to this Act shall consist Energy Board in the same way as when the Board decides on appeals by the Electricity Supply Act.
§ 70. Climate and Energy may authorize a ministry-established institution or other authority to exercise the powers under this Act given to the Minister.
Chapter 10
Mandatory provisions and penalties
§ 71. Climate and Energy and the Energy Regulatory Authority may order that matters which are contrary to the law or to regulations or decisions under the Act be rectified immediately or within a specified time limit.
§ 72. Unless a higher penalty is warranted under other legislation, punishable by fine who



1) establish and operate facilities according to §§ 22, 24, 25 and 29 without permission
2) disregards the terms of a license under the in no. 1 above provisions
3) fails to comply with orders or prohibitions under the law, including an order to rectify illegal actions,
4) fails to provide information within the meaning of § 59 or
5) notify the Climate and Energy Minister DERA or Energy Board incorrect or misleading information or request fails to provide information.


§ 73. In regulations issued under the Act may stipulate a penalty for violation of the rules, conditions and obligations established pursuant to the rules.
PCS. 2. There can be imposed on companies etc. (legal persons) under the rules of the Penal Code Chapter 5.
Chapter 11
Commencement etc.
§ 74. This Act comes into force on 1 January 2009, see. However paragraph. 2.
PCS. 2. The date of entry into force of §§ 18-20 and chapters 3-6 and 12 set by the Climate and Energy Minister. The Minister may decide that the provisions or parts thereof shall enter into force at different times.
PCS. 3. Climate and Energy may decide that parts of the law take effect at different times, including times prior to entry into force.
§ 75. §§ 6-17 effect of wind turbines connected to the public electricity grid after 1 January 2009, see. However paragraph. 2.
PCS. 2. §§ 6-17 and 54 shall not apply to mills where



1) the municipality before 1 March 2009, the published draft municipal plan with associated environmental impact statement for the mill on land and turbine connected to the grid before 1 September 2010
2) the municipality before 1 March 2009, the published decision on the turbine on land not require an EIA and turbine connected to the grid before 1 September 2010 or
3) erector of a mill at sea before 1 March 2009, received the prospecting license for the Electricity Supply Act or § 22 of this Act and the turbine connected to the grid before 1 September 2010.


PCS. 3. Energinet.dk whether the conditions in paragraph. 2 for exemption from payment of loss of value and the offering of shares in windmills are met. The decision can be appealed to the climate and energy minister. Climate and Energy may grant exemptions from the paragraph. 2, the requirement that the turbines connected to the grid before 1 September 2010, provided power supply can not take place due to lack of or delayed delivery of equipment.
§ 76. Climate and Energy may lay down transitional rules.
PCS. 2. Rules laid down under the previous rules of the Electricity Supply Act, which will continue under the Act on the promotion of renewable energy, remain in force until replaced by rules established under this Act.
§ 77. This Act does not apply to the Faroe Islands and Greenland.
Chapter 12
Amending provisions

§ 78. Electricity Supply Act, cf.. Act no. 1115 of 8 November 2006, as amended by § 13 of the Law no. 534 of 6 June 2007, § 3 of Law no. 548 of 6 June 2007, § 1 of law no. 549 of 6 June 2007, § 11 of law no. 465 of 17 June 2008, § 1 of law no. 503 of 17 June 2008, law no. 504 of 17 June 2008, Act No. . 505 of 17 June 2008 and § 8 of Act no. 528 of 17 June 2008, is amended as follows:
1. The footnote to the title of the Act reads as follows:
'1) The Act contains provisions implementing parts of European Parliament and Council Directive 2005/89 / EC of 18 January 2006 (Official Journal 2006 no. L 33, page 22), parts of the European Parliament and Council Directive 2004/8 / EC of 11 February 2004 (Official Journal 2004 no. L 052, page 50), the European Parliament and Council Directive 2003/54 / EC of 26 June 2003 (Official Journal 2003 no. L 176, page 37), parts of the European Parliament and Council Directive 2001/77 / EC of 27 september 2001 (Official Journal 2001 no. L 283, page 33). "
2. § 5, no. 17, reads as follows:
»17) RES electricity: Electricity produced using renewable energy sources covered by the law on the promotion of renewable energy."
3. § 8 reads:
"§ 8. Every electricity consumer have to bear a proportionate share of the collective electricity supply undertakings necessary costs of implementing public obligations them provided. Paragraphs. 2 and 3. This does not apply to the extent otherwise provided in §§ 8a, 8b, 9 and 9 a.
PCS. 2. Energinet.dk's costs necessary for payments and benefits under the provisions of §§ 18, 21 and 36-49 and § 52 paragraph. 1 of the Act on the promotion of renewable energy collected from all Danish electricity consumers by the same amount in proportion to their total electricity consumption.
PCS. 3. Costs for the following benefits are determined by Energinet.dk for each of the two areas that have been granted license for system operation under earlier legislation § 27, and charged to all electricity consumers in the respective areas:



1) Energinet.dk's necessary costs for benefits pursuant to § 9 b, § 27 a paragraph. 1 pt. 2, §§ 28a, 29, 30 and 58, 58 a and 58 b and § 59 a paragraph. 1 and 2.
2) Network companies' costs necessary for the benefits to which they are ordered according to § 22 paragraph. 6 and § 67 of this Act and § 30 of the Law on the promotion of renewable energy.
3) Costs incurred by Energinet.dk for Climate and Energy Minister provision holds to cover the establishment of offshore power plant, see. § 26 paragraph. 6 of the Act on the promotion of renewable energy.
4) Transmission Companies' costs necessary to cover the tasks they are ordered according to § 30 of the Law on the promotion of renewable energy.


PCS. 4. The collective electricity supply undertakings other costs in accordance with this Act and the Act on the promotion of renewable energy is for the users who receive the company's services, and charged through the individual company's tariffs referred. However paragraph. 6
PCS. 5. The collective electricity supply companies' management fees for deposits and payment of benefits referred to in paragraph. 2 and 3 charged through the individual company's tariffs referred. However paragraph. 6
PCS. 6. Energinet.dk calculated in paragraph. 4 and 5, the cost for each of the two areas that have been granted license for system operation under earlier legislation § 27, and charged to the users in the respective areas receiving Energinet.dk's services.
PCS. 7. The collective electricity supply undertakings bear alone the costs of public service obligations imposed upon them under paragraph. 2 and 3. Energinet.dk calculates the cost and distribution of these on electricity consumers. On this basis, charge distribution companies amount from electricity consumers to cover the costs and deposit the funds collected to Energinet.dk, covering the collective electricity supply companies incurred costs to the public obligations. Climate and Energy may lay down detailed rules for the implementation of these tasks and cooperation in this respect between the public electricity supply companies. "
4. In § 8 a paragraph. 1, the words "§§ 56-58 b" to "§§ 58, 58 a and 58 b in this Act and §§ 36-50 of the Act on the promotion of renewable energy."
5. In § 8 b, § 9 a paragraph. 1-4 and § 85 a paragraph. 1, the words' § 8 paragraph. 3 and 4 'to: "§ 8 paragraph. 2 and 3 '.

6. Everywhere in the law the words' The system operator 'and' the system operator 'is:' Energinet.dk ', and' The system operator 'and' the system operator 'is replaced by: "Energinet.dk's'.
7. In § 9 the words "§§ 56-57 e and § 59a paragraph. 1 pt. 1 "to" §§ 36-49 and § 52 paragraph. 1 of the Act on the promotion of renewable energy ', and' § 8 paragraph. 3 'is replaced by' § 8 paragraph. 2 '.
8. In § 9b paragraph. 4, the words "§§ 56-58 b" to "§§ 58, 58 a and 58 b '.
9. The heading 'Power generation equipment on the ocean "in accordance with § 12 b and §§ 13-17, 17a, 17b and 18 shall be repealed.
10. In § 21 paragraph. 4, the words 'the system operator for the purposes of his "to:" Energinet.dk for the use of Energinet.dk's'.
11. In § 22 paragraph. 1, no. 4, after 'Chapter 9': 'and the Law on the promotion of renewable energy. "
12. In § 22 a paragraph. 3, the words' § 16 paragraph. 1, "to:" § 25 paragraph. 1 of the Act on the promotion of renewable energy. "
13. In § 22 b the words' § 17 a 'by' of § 27 of the Act on Promotion of renewable energy ', and' § 17a paragraph. 2-6 "is amended to:" § 27 paragraph. 2-6 of the Act on the promotion of renewable energy. "
14. In § 27 c paragraph. 2, after "§ 59a paragraph. 1 ":" or § 52 paragraph. 1 of the Act on the promotion of renewable energy. "
15. In § 27 c paragraph. 6, the two places 'enterprise' to: 'Energinet.dk'.
16. § 27c paragraph. 8, 2nd paragraph., Read:
"Energinet.dk does organize costs for imbalances as mentioned in the first section. for electricity production from wind turbines covered by §§ 39 and 41 of the law on the promotion of renewable energy, a renewable electricity installations covered by § 44 paragraph. 2 and § 47 of the Act on the promotion of renewable energy and decentralized combined heat and power plant or an electricity-generating waste incineration plants covered by § 58 of this Act. "
17. In § 27 c paragraph. 11, the word 'company' to: 'Energinet.dk'.
18. In § 27 c paragraph. 12, the words "§ 27 f" to "§ 34 of the Act on the promotion of renewable energy."
19 §§ 27 f-27 is repealed.
20. In § 28 para. 2, no. 4, after "Chapter 9": "Law on the promotion of renewable energy."
21. In § 28 para. 3 as "a system operator" to "Energinet.dk pursuant to the above provisions'.
22. § 28 b paragraph. 1 is replaced by:
"Energinet.dk must, as system operator, a program for internal monitoring which describes Energinet.dk's measures to prevent discriminatory behavior. Energinet.dk must ensure compliance with the internal monitoring program and ensure that it is adequately monitored. An annual report describing the program and its supervision shall be published and notified to DERA. "
23. In § 29 paragraph. 2, the words' § 8 paragraph. 4, no. 1 "to" § 8 paragraph. 3, no. 1 '.
24. § 32 paragraph. 2, is repealed.


Subsection. 3 becomes paragraph. 2.

25. § 34 paragraph. 3, repealed.
26. § 51a, no. 2, reads as follows:
'2) processing applications for permission, including the authorizations referred to in § 11 paragraph. 1, § 12 a paragraph. 1, § 21 paragraph. 1, § 22 a paragraph. 1, § 23 paragraph. 1 and § 37 a paragraph. 1, "
27. In § 51a, no. 3, the words 'Act on Energinet.dk, "to:" Act on Energinet.dk and "in § 51a, no. 4, the terms' approval and" to "approvals. "and § 51a, no. 5, is repealed.
28. In Chapter 9 is repealed entitled 'a. Price subsidies etc. for RE electricity 'and §§ 55, 56, 56 a-56 f, 57, 57 a-57 f.
29. The heading before § 58 shall read:
"Price subsidies etc."
30. In § 58 paragraph. 1 pt. 1, 3rd section., The words' § 57 paragraph. 2 and § 57 c "to" § 44 paragraph. 2 and § 47 of the Act on the promotion of renewable energy. "
31. The heading according to § 58 b read:
"General rules for fixing surcharges, sales of environmentally friendly power generation etc."
32. § 59 shall read:
"§ 59. Grid companies report on an hourly basis to Energinet.dk amount of electricity produced from plants covered by §§ 58, 58 a and 58 b. Energinet.dk sets guidelines for calculation and reporting of electricity.
PCS. 2. Energinet.dk determines the market price of electricity at the plants referred to in paragraph. 1 as follows:



1) The market price for electricity produced by installations covered by § 58a fixed on an hourly basis as the spot price, see. Paragraph. 3, for electricity in that area.

2) The market price for electricity from installations covered by §§ 58 and 58 b fixed on a monthly basis as the average spot price in accordance. Paragraphs. 3 in that area.


PCS. 3. The spot price of electricity shall mean the hourly price per. kWh, as the Nordic power exchange, Nord Pool, indicates the spot market for that area.
PCS. 4. Payment for electricity produced by installations covered by § 58a 1 hour may not exceed the total amount of subsidy and market price set by that provision. If the market for 1 hour exceeds the total amount offset Energinet.dk the exceeding amount at the next payment of market price and the price supplement. "
33. § 59a read:
"§ 59a. Energinet.dk must sell electricity from decentralized combined heat and power plants or electricity-generating waste incineration plants covered by § 58a on Nord Pool and pay the purchase price to the plant owner. Energinet.dk must also bear in § 27c paragraph. 8, 2nd paragraph., Said costs related to imbalances of power production.
PCS. 2. Electricity producers covered by paragraph. 1 shall not be imposed costs of feeding electricity into the electricity supply grid, which is not upon them under the current provisions on purchase obligation.
PCS. 3. When the price for electricity as referred to in paragraph. 1 ends, the electricity producer notify Energinet.dk, the producer has agreed to sell and balancing of electricity production. The notice shall be given at least one month's notice to the first day of the month in which the price supplement ceases.
PCS. 4. Revenue and costs in paragraph. 1 mentioned tasks must be kept separate from the accounts Energinet.dk's other tasks, not tasks according to § 52 paragraph. 1 and 4 of the Act on the promotion of renewable energy. "
34. The heading 'green certificates' under § 59a and §§ 60-63 repealed.
35. In § 64 paragraph. 1, the words "§§ 56-58 b" to "§§ 58, 58 a and 58 b" and § 64 paragraph. 2, is repealed.
36. In § 65 paragraph. 1 and § 65 a paragraph. 1, the words "§§ 56-58 b" to "§§ 58, 58 a and 58 b '.
37. The heading 'Acquisition of wind turbines' according to § 65 a and §§ 66 and 68 be repealed.
38. § 68 a read:
"§ 68a. Climate and Energy may lay down rules on the collective electricity supply companies acting in matters covered by §§ 58, 58a, 58b, 59, 59a, 63a, 64, 65, 65a and 67 and rules laid down under those provisions. The Minister can also lay down rules on the collective electricity supply companies perform administrative duties under these provisions.
PCS. 2. Decisions taken by the collective electricity supply companies in accordance with the provisions stipulated in paragraph. 1, can be appealed to the Climate and Energy Minister, unless otherwise provided by rules prescribed pursuant to § 78 paragraph. 3, or § 90 paragraph. 1, no. 1. '
39. In § 72 paragraph. 5, the words 'and the maximum administrative fee that can be charged for handling of purchase obligations in accordance with § 62'.
40. In § 84 paragraph. 3, the words 'discharge of his responsibilities "to" performance of Energinet.dk's tasks'.
41. § 85 a paragraph. 2, is repealed.


Subsection. 3-5 then becomes para. 2-4.

42. In § 85 a paragraph. 3, which becomes paragraph. 2 and § 85 a paragraph. 4, which becomes paragraph. 3, the words' paragraph. 1 and 2 "to" paragraph. 1 '.
43. § 87 paragraph. 1 pt. 2, reads as follows:
'2) establish and operate networks or facilities according to §§ 11, 12a, 21, 22a and 23 without permission, "
44. § 89 a repealed.
45. In § 90 paragraph. 1 pt. 1, after "taken by": "a collective electricity supply activities mentioned in § 68 a paragraph. 2, or '.
46. ​​§ 93 paragraph. 2, is repealed.
§ 79. Law no. 1384 of 20 December 2004 on Energinet.dk, as amended by § 4 of the Law no. 520 of 7 June 2006, § 6 of the Law no. 548 of 6 June 2007 and § 4 of the law no. 503 of 17 June 2008, is amended as follows:
1. § 2. 2 is amended as follows:
"PCS. 2. Energinet.dk is responsible under the provisions of this Act and under the rules of the Electricity Supply Act, the Act on the promotion of renewable energy and the Act on natural gas supply and on the basis of a coherent and holistic planning system operation and electricity transmission and gas transmission. Also handles Energinet.dk administrative tasks concerning environmentally friendly electricity under the Electricity Supply Act and the Act on the promotion of renewable energy. Energinet.dk can also handle gas distribution, gas storage and gasopstrømsrørledningsvirksomhed. "

2. In § 2. 4, after "the Electricity Supply Act," "Act on Promotion of renewable energy '.
Given at Marselisborg Castle, 27 December 2008
Margrethe R.
/ Connie Hedegaard

Official notes 1) This Act contains provisions implementing parts of European Parliament and Council Directive 2001 / 77 / EC of 27 september 2001 (Official Journal 2001 no. L 283, page 33), parts of Council Directive 92/43 / EEC of 21 May 1992 (Official Journal 1992 no. L 206, p 7), as amended by European Parliament and Council Regulation (EC) no. 1882/2003 of 29 september 2003 (Official Journal 2003 no. L 284, page 1), parts of Council Directive 85/337 / EEC of 27 June 1985 (Official Journal 1985 no. L 175, page 40), as amended by European Parliament and Council Directive 2003/35 / EC of 26 May 2003 (Official Journal 2003 no. L 156 , page 17), and parts of Council Directive 79/409 / EEC of 2 april 1979 (Official Journal 1979 no. L 103, page 1), as amended by Council Regulation (EC) no. 807/2003 of 14 april 2003 (Official Journal 2003 no. L 122, page 36).