Announcement Of Law On Co2 Quotas

Original Language Title: Bekendtgørelse af lov om CO2-kvoter

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=117147

Overview (table of contents) Chapter 1 preliminary provisions

Chapter 2 permission for CO2 emissions

Chapter 3 General provisions on quotas

Chapter 4-setting and allocation of allowances

Chapter 5 Quota register

Chapter 6 Monitoring, verification and reporting

Chapter 7 payment of duty by lack of quotas

Chapter 8 Monitoring and accountability, etc.

Chapter 9 complaints and penalties, etc.

Chapter 10-other provisions

Annex 1

Annex 2 the full text announcement of law on CO2 quotas 1)

Hereby promulgated Act No. 493 of 9. June 2004 on CO2 quotas with the changes brought about by Act No. 410 of 1. June 2005, § 63 of law No. 430 of 6. June 2005, article 71 of law No. 431 of 6. June 2005, § 10 of lov nr. 571 of 9. June 2006, law No. 554 of 6. June 2007, section 5 of law No. 172 of 12. March 2008 and Act No. 317 of 30. April 2008.

Chapter 1

Introductory provisions

§ 1. The law aims to promote a reduction in emissions of the greenhouse gas CO2 and other greenhouse gas emissions in a cost-effective manner through a system of tradable allowances and credits.

§ 2. In this Act shall mean the following:





1) Biomass: biomass fuels, which, according to annex 1 has a CO2 emission factor of zero, as well as corresponding fuels of biological origin, landfill gas, sewage sludge and the like.

2) CDM-country: a country which has ratified the Kyoto Protocol, and which are not referred to in Annex B to the Protocol and thus do not have quantitative reduction commitments under the Protocol.

3) CDM credit: A CDM credit is a credit on a number of CO2 equivalents, which are issued pursuant to article 12 of the Kyoto Protocol and decisions adopted pursuant to the UNFCCC or the Kyoto Protocol. Be described in the amending directive which CER.

4) CO2 equivalent: A quantity of greenhouse gas, which has the same effect on global warming as one tonne of CO2 over a given period of time.

5) operator means the legal or natural person who owns or operates a production unit production unit at its own expense.

6) greenhouse gases: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride (SF6).

7) emission factor: emissions of CO2 per unit of fuel per ton of goods etc. in connection with the activities covered by the law.

8) Executive Board: The UN body set up under the Kyoto Protocol for approval of CDM credits.

9) Un climate Convention: the United Nations Framework Convention on climate change of 9. May 1992 (UNFCCC).

10) fossil fuels: Fuels that are derived from or produced on the basis of fossil, not renew bart organic materials, including coal, coke, natural gas, refinery gas, petroleum products, peat and lignite.

11) Fossil capacity: electric or heat capacity on a unit of production through the use of fossil fuels. Used both fossil and other fuels, determined the fossil capacity pro rata.

12) Fossil power generation: the part of an electricity generation provided by the use of fossil fuels. Used both fossil and other fuels, the fossil power generation is determined on a pro rata basis.

13) in operation: a production unit or part thereof shall be deemed to be in operation on 1. in the month following the date on which the first time finds a CO2 emissions from this place. Production units or part thereof, that the first time emits CO2 after 31 December 2006. March 2004, however, the first is considered to be in operation on 1. in the month following the date on which that first time in connection with the production finds a CO2 emissions from this place.

14) heat input: the maximum fuel quantity in MW or fired MJ/s which can be supplied with an installation.

15) Investor country: the country that invests in a project to generate CDM or JI credits, or the country in which the investor in a project for generating of CDM or JI credits are resident.

16) JI-country: a country which has ratified the Kyoto Protocol, and as referred to in Annex B to the Protocol and, therefore, after this has quantitative reduction commitments.

17) JI-credit: A JI-credit is receivable on a number of CO2 equivalents, which are issued in accordance with article 6 of the Kyoto Protocol and decisions adopted pursuant to the UNFCCC or the Kyoto Protocol. Shall be recorded in the quota directive as ERUS.

18) Capacity: the maximum production capacity per unit of time, see. sections 5-8.

19) Kyoto Protocol: Climate agreement under the UNFCCC, adopted on 11 March. December 1997, including related interpretations adopted during party conferences.

20) Quota: proof of entitlement to emit one tonne of carbon dioxide in a specified period.

21) Quota directive: European Parliament and Council Directive 2003/87/EC of 13. October 2003 establishing a scheme for greenhouse gas emission allowance trading within the community and amending Council Directive 96/61/EC, as amended by European Parliament and Council Directive 2004/101/EC of 27. October 2004.

22) Minister: climate and Energy Minister.

23) production unit: A technical unit, consisting of one or more establishments situated on the same site, which carried out the activities covered by the Act.

24) Production rate: actual production per unit of time, URf.eks. ton per hour etc.

25) Process emissions: emissions of carbon dioxide, which are not fuel related, and which arise as a result of intentional or unintentional reactions between materials or through their transformation into a process.

26) Supervisory Committee: This body under the Kyoto Protocol, which the UNITED NATIONS sets up for approval of JI credits.

27) Host country: the country where a project for generating of CDM or JI-credits implemented.

28) amending directive: European Parliament and Council Directive 2004/101/EC of 27. October 2004 amending Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the community, in respect of the Kyoto Protocol's project mechanisms (the official journal of the European Union 2004 nr. L 338, page 18).





§ 3. The law includes stationary production units with in §§ 5-8 specified activities carried out on the land and territorial waters and the exclusive economic zone.

(2). If an operator operates several plants with activities within the scope of the law on the same site, the capacities of the individual works together for the purpose of calculating the production unit's capacity. This applies, however, only, in the case of activities listed under the same number in §§ 5-8.

(3). If you want multiple operators at the same location in a co-operation operates several plants, which have a close operational or physical context, climate and Energy Minister, decide that these plants are considered to constitute one production unit.

(4). If multiple physical or legal persons in the same location in a co-operation operates several plants, which have a close operational or physical context, climate and Energy Minister, decide that these plants are considered to constitute one production unit.

(5). If a production unit be brought down during the law's capacity limits in accordance with §§ 5-8, the Minister may decide that the production unit must continue to be covered by the law.

(6). The Minister may impose on the operators of installations referred to in paragraph 3, the operators of other production units with multiple operators and natural and legal persons referred to in paragraph 4 to appoint one proxy holder, which performs tasks on their behalf in accordance with this law. Operators and persons referred to in paragraph 4, jointly and severally liable for the financial commitments and other obligations arising from this Act.

(7). Peak load and reserve plants, which are not taken permanently out of service taken into account for the determination of production unit's total capacity, see. sections 5-8.

(8). Activities which have a technical connection with the activities mentioned in significant sections 5-8, and which could have an effect on emissions of CO2, are covered by the law.

§ 4. The law does not include production plants or parts thereof, which are used for research, development and testing of new products.

(2). The decision of whether or not a given unit of production or activity covered by the law, and determining when a production unit or part thereof shall be deemed to be in operation shall be taken by the climate and Energy Minister.

§ 5. The law includes the following energy-related activities:





1) Energy production on the production units with a thermal output of 20 MW or more, as well as the burning of hydrocarbons (flaring) without energy recovery in establishments which are part of such units.

2) Refining of mineral oil refineries.

3) production of coke ovens.





(2). The law does not cover production units or parts thereof, that have as main purpose to burn or otherwise treat the waste. Such production units also use other fuels than waste, and where indfyrings the effect of this is over 20 MW, are, however, covered with the share of the production unit, there is no indfyrer waste.

§ 6. The law includes the following activities within the production and processing of ferrous metals:





1) Roasting or sintering ore (including sulphide ore).

2) production of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2.5 tonnes per hour.





§ 7. The law includes the following activities in the mineral industry:






1) manufacture of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or lime in rotary kilns or in other furnaces with a production capacity exceeding 50 tonnes per day.

2) manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day.

3) manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day and a capacity exceeding 4 m3 and with a setting density per kiln exceeding 300 kg/m3.





§ 8. The law includes the following activities of cardboard and paper industry:





1) production of pulp from timber or other fibrous materials.

2) manufacture of paper and cardboard on a unit of production with a production capacity exceeding 20 tonnes per day.





Chapter 2

Authorization for the discharge of CO2

§ 9. A production unit, which is covered by the law, are only allowed to emit CO2, if the Minister has announced production unit manager permission to do so. The operator shall apply for permission on an application form designated by the Minister.

(2). Notwithstanding paragraph 1, in exceptional cases the Minister may decide that an operator who has applied for permission, on a temporary basis can emit CO2, until the Minister has taken a position on the application.

(3). When several operators applying for authorisation in accordance with paragraph 1 for the same production unit, are assigned the permission, which owns the production unit.

(4). Application for authorisation in accordance with paragraph 1 shall contain the following information:





1) identification of the production unit, its owner and operator.

2) Intended activities, expected CO2 emissions from the production unit's individual plants and sources of emissions.

3) a plan that sets out how the operator will monitor emissions of CO2, see. section 28 (3) and (4).





(5). Operator of production units that exclusively use biomass as fuel, are not required to draw up a plan for monitoring of CO2 emissions, without prejudice. paragraph 4, nr. 3.

§ 10. Climate and Energy Minister informs the operator permission to CO2 emissions, if the application contains the information referred to in section 9 and one of the Minister pursuant to section 28, paragraph 2, approved the plan for the monitoring of CO2 emissions, without prejudice. However, section 11, paragraph 1.

(2). In a permission and by modification of an authorisation may be conditions,





1) that the operator shall inform the Minister about planned, substantial changes in the production unit's capacity and other factors of importance for authorization and for the allocation of quotas,

2) that the operator complies with specified requirements, which are justified by the company's specific circumstances,

3) to the operator reports and documents the commissioning of new plants,

4) that the operator report specified production data, as estimated by the Minister could have significance for quota allocation in future periods,

5) that the operator complies with the law, including binding legal provisions from the EU.





(3). After 5 years and with a prior notice of 1 year can be laid down new conditions in a permit.

(4). An operator who is in possession of a permit in accordance with paragraph 1 is entitled to receive allowances in accordance with the provisions of §§ 15-20.

(5). By substantial changes in the production unit's capacity and other factors of importance for permission, see. (2). 1, the Minister shall decide whether there can be an amendment of an authorisation, or of the operator shall be required to apply for a new permit under section 9. The previous permit has validity until the Minister has taken a position on the application for a new permit.

(6). An operator may not, without the permission of the Minister, assign a permission.

(7). Upon surrender of the licence to a new operator subrogated in any obligation concerning the production unit after this Act at the time the Minister's approval of the transfer is granted.

§ 11. Climate and Energy Minister may refuse to grant permission for an operator, such as





1) in connection with the application for authorization significantly has given false or misleading information,

2) repeatedly or grossly violated the provisions of this law or regulations issued pursuant to the law or

3) have overdue debts to the public, including the use of tax payment in accordance with section 31, of more than 100,000 USD.





(2). A decision taken pursuant to paragraph 1 may be required by the operator, brought before the courts. The decision shall include the right to apply for judicial review and, if the time for such regulation. (3).

(3). Application for judicial review must be received by the climate and Energy Minister, not later than 4 weeks after the decision is communicated to the operator. The case is brought before the Court of first instance in the then civil procedure forms by the Minister.

§ 12. A permit under section 10 may be withdrawn if the operator





1) has been guilty of serious or repeated violations of this law, of the provisions laid down by law or by the terms of the permission

2) is unable to antageliggøre to be able to perform its obligations in relation to this law on full sound manner or

3) have overdue debts to the public, including the use of tax payment in accordance with section 31, of more than 100,000 USD.





(2). Decision in cases covered by paragraph 1, nr. 1 shall be taken by the courts. Decision in the cases provided for in paragraph 1, no. 2 and 3 shall be taken by the climate and Energy Minister.

(3). A decision taken pursuant to paragraph 1, nr. 2 and 3, may be required by the operator, brought before the courts. The decision shall include the right to apply for judicial review and, if the time for such regulation. (4).

(4). Application for judicial review must be received by the climate and Energy Minister, not later than 4 weeks after the decision is communicated to the operator. The case is brought before the Court of first instance in the then civil procedure forms by the Minister.

(5). If the Minister's decision under paragraph 2, 2. paragraph, be challenged before the courts, the operator may continue its activities until the Court's decision.

Chapter 3

General provisions on quotas

§ 13. Any quota must be able to be uniquely identified and can only be used to cover the emissions of CO2 from a production unit in the period for which it is assigned, without prejudice. However, paragraph 6.

(2). Quotas can be turned in until 4 months after the end of the period in which they are assigned.

(3). The application of an allowance to cover the emissions of CO2, see. (1), the operator returns the ratio of the basic regulation. section 26.

(4). After 30 June. April of the first year in a new period cancels climate-and energy quotas on register accounts assigned for the previous period, which is not returned, without prejudice. paragraph 3, and replacing these with an equivalent number of allowances valid for the current period, see. However, paragraph 5. Climate and energy shall notify the account holder thereof.

(5). Excess allowances from 1. period is not replaced with allowances valid in 2. or later periods.

(6). Operational leaders who imposed the tax payment under section 31 as a result of lack of or insufficient surrender of allowances per 30. April 2008, after that date can apply quotas assigned for 2. period for coverage of emissions in the period 2005-2007, see. section 26 (2).

§ 14. Quotas, which are awarded on the basis of the quota directive by a competent authority in another country within the European Community shall have the same validity in Denmark as quotas assigned by the climate and Energy Minister after § § 15-21.

(2). The Minister may lay down rules to the effect that the quotas allocated by the competent authority in the countries outside the European Community shall have the same validity as allowances allocated in Denmark.

Chapter 4

The fixing and allocation of allowances

The total quota of 2. period

§ 15. For 2. period from 1. January 2008 to 31 December 2008. December 2012, the total quantity of allowances to be fixed allocation to operators for the discharge of CO2 to a total of 122.5 million allowances.

(2). Quotas are allocated by the Minister in accordance with sections 17-20 a to operators who fulfil article 20, paragraph 2.

(3). Devoted 2.5 millions of quotas referred to in paragraph 1 to the production units will be operational after 1. January 2007, and not known to unforeseen requirements in accordance with sections 17 and 18.

(4). Quotas for production units in accordance with paragraph 3 are allocated from the 1. in the month after the operator has announced and demonstrated that the production unit is put into operation, and legally granted in the rest of the period, if the pot in paragraph 3 allows for this by first granting and the conditions for allowance are fulfilled.

(5). Where the total number of allowances referred to in paragraph 1 exceeds the number of allowances, as after this law must be assigned to an operator, the excess quantity of allowances sold as specified in section 21. The Minister may, subject to a maximum sell 12.25 million allowances from 2. period.

The base year for the allocation of 2. period

§ 16. Quota allocation under section 17 shall be based on the average historical carbon emissions and electricity and heat production in the base years referred to in article 6. paragraphs 2 to 4.

(2). At the base the years means the period from the 1. January 1998 to 31 December 1999. December 2004.


(3). If a production unit has not been in operation for all base years, the operating period within the base years are used as the base year.

(4). If CO2 emissions in 2004 is higher than the average carbon emissions in the base years referred to in article 6. paragraphs 2 and 3 is used in 2004 as the base year.

(5). Production units or parts thereof, as referred to in section 18, paragraph 1, and section 19, paragraph 1, and which is put into service after 1 January 1999. January 2004, are not included in the calculation of the average historical carbon emissions and electricity and heat production in the base years referred to in article 6. (1).

(6). Determining which data basis for the average historical carbon emissions and electricity and heat production, to be used in the calculation of the quota allocation for a production unit shall be taken by the Minister, if no agreement can be reached with the operator about data base.

(7). Fuel consumption for heat production, see. § 17, for combined heat and power plants is calculated as the recovered heat production shared with a heat efficiency at 125 per cent and for boiler plants as the entire fuel consumption. In the calculation of the brændslers CO2 emissions emission factors in annex 1 shall be used.

Allocation in 2. period to the production units, which are put into operation before 1 January 2002. April 2004

§ 17. For electricity and heat-producing production units subject to section 5, paragraph 1, no. 1, which primarily aims to sell electricity or heat to the collective network, awarded for 2. period 1.94103 quotas for each MWh of fossil power generation, which on average per year in the base years net was produced on the device, and 4.35 quota for each tonne of CO2, which on average per year in the base years were derived from fuels used for heat production, see. However, section 18.

(2). For all other production units, see. sections 5-8 are awarded for 2. 4.35 quotas for each tonne of CO2 period, on average per year in the base years were derived from the production unit's fuel-related CO2 emissions and allowances for each ton of CO2 4.9, on average per year in the base years were derived from the production process of discharge device, see. However, section 18.

(3). If the production unit demonstrates that the actual CO2 emissions during the operational period within the base years referred to in article 6. section 16, paragraph 3, is significantly lower due to reduced production in relation to expected normal production, the Minister may decide that the quota allocation is according to § 18, unless the reduced production due to commercial or market conditions.

§ 18. For a production unit which is put into operation in the period from 2. January 2004 to 31 December 2004. March 2004, or as in this period have made a substantial extension, awarded for 2. period allowances as specified in paragraphs 2 to 5.

(2). All production units, with the exception of devices referred to in paragraph 3-5, assigns 0.87 quota annually for each ton of CO2 by the calculated fuel-related CO2 emissions in 2004 and 0.98 quota annually for each ton of CO2 by the calculated process-related CO2 emissions in 2004. The calculation is done on the basis of the production unit's actual CO2 emissions in 2004 converted into emissions for an entire year.

(3). Energy producing installations in industry, etc., as covered by article 5, paragraph 1, no. 1, 459 quotas are assigned annually per installed MW thermal fossil capacity. Paragraph 2 shall be applicable, if this will lead to a higher quota allocation.

(4). Production units as mentioned in § 6, nr. 2 shall be granted annually in 2. period 131 quotas per capacity unit in tons of molded goods per hour. Paragraph 2 shall be applicable, if this will lead to a higher quota allocation.

(5). Production units referred to in § 7, nr. 3, be assigned annually 40 quotas per capacity unit in tons of burnt cargo per day. Paragraph 2 shall be applicable, if this will lead to a higher quota allocation.

Allocation in 2. period to the production units, which brought into service after 31 December 1992. March 2004

§ 19. Production units that are brought into service after 31 December 1992. March 2004, assigned quotas in accordance with paragraphs 3-8. The same is true for major expansions of the production capacity of existing production units which are brought into service after 31 December 1992. March 2004, and of production facilities, which are in operation before 31 December 2001. March 2004, but first meets the requirements to be covered by the law after this date. Allocation of allowances in accordance with this provision is subject to the condition that the plant, which is part of the production unit, has not previously been part of a production unit, which continues to be covered by the quota directive.

(2). By a larger extension referred to in paragraph 1 shall include:





1) For production units subject to paragraphs 3, 4, 5 and 7 an expansion of capacity at least 10 MW heat input or an increase in the capacity of at least 20 per cent fired in connection with the establishment of combined heat and power production.

2) For production units covered by paragraph 6 an extension of more than 10 per cent of the installed production capacity before enlargement





(3). Operators of electricity-generating production units, which are not covered by paragraph 7, shall be assigned to 1,185 quotas per MW installed fossil electricity generation capacity per year, the unit is in operation. Allocated additional quotas per MW installed fossil 305 heat generation capacity per year, the unit is in operation, provided that the heat not totally or partially used in the heavy processes, see. (6). Allocation of quotas is subject to the condition that it be proved that the technical device whose commissioning trigger quota allocation, will be in operation at least 3,000 full load hours annually. By operating times of between 2,000 and 2,999 full load hours allocated to 2/3 and by operating times of between 1,000 and 1,999 full load hours allocated to 1/3 of the quotas listed in 1. and 2. point allocations shall be adapted in the following year, if the assumed operating time is changed. By power-heat-producing units is calculated elkapaciteten at full heat output. The Minister may, as a condition for quota allocation lay down requirements for the documentation of the operating time.

(4). Power generation equipment referred to in paragraph 3, in respect of which the application for approval after the electricity or heat supply Act is received by the approval authority before the 5. March 2007, assigned in the entire 2. period allowances equal to an operating time of at least 1,000-1,999 hours of operation, see. In addition, paragraph 3.

(5). A heat-producing device, which production does not produce electricity, and whose primary purpose is to produce heat for the collective net, assigned 100 quotas per installed MW fossil heating capacity per year, the unit is in operation.

(6). A production unit with the activities covered by the annex on heavy process of carbon dioxide tax of certain energy products, are allocated quotas on the basis of the figures provided in annex 2. New production units with activities in accordance with the law on carbon dioxide tax of certain energy products taxed much counts as heavy process, for which there is not a key figures in annex 2, is assigned to the heavy processes 178 quotas per installed MW heating capacity per year, the unit is in operation.

(7). An energy-producing unit of production on a offshorevirksomhed be assigned to 2,975 quotas per MW of shaft power per year, the unit is in operation.

(8). Allocation in accordance with paragraphs 6 and 7 shall be subject to the production unit in whole or in part using a fossil fuel, for whose release the operator shall surrender allowances under section 26. If only partially used fossil fuels, reduced quota allocation proportionately.

Quota allocation

§ 20. The production unit's total quota in accordance with §§ 17 and 18 for the period 2008-2012 shall be assigned to the operator by the Minister with 20 per cent in each of the years. Quotas allocated in accordance with section 19 be assigned proportionally every year.

(2). Award of the annual quota is subject to the condition that the operator is in possession of a valid discharge authorisation pursuant to section 10 of the basic regulation. However, section 9, paragraph 2, that the necessary permissions for other legislation exists that production unit has a real production at the start of the year, the quota is assigned, and that the relevant information for the quota allocation, as the operator has notified is correct.

(3). Where an operator has not complied with its obligation to surrender allowances under section 26 (2), shall be deducted from the outstanding quantity of allowances before the next allocation to the operator.

(4). If the quota allocation is based on inaccurate data or information, there may be an adjustment of the quota allocation in the following year.

(5). The Minister may decide that an operator assigned quotas on the basis of inaccurate data or information, or without the conditions laid down in this law for this are fulfilled, to return allowances equal to the amounts unduly received.

(6). Allocation of allowances to the operator is done by the Minister each year no later than 28 February 2006. February in award year inserts a specified number of allowances on the respective non-accounts in the register. The Minister shall notify the individual operator for assignment.

Cessation of production

§ 20 a. Operator is obliged to inform the Minister about the production unit's termination of real production.

(2). If the production unit will resume production no later than 31 December. December sunset year, retained the right to allocation in accordance with the existing principles.

(3). If the production unit resumes production after 31 December 2006. December sunset year, allocated quotas pursuant to section 19(1), 3-8.

Sale of quotas

§ 21. Climate and energy causing that the quotas established under section 15 (2), sold on the CO2 quota market, including possibly at the auction.

(2). The Minister shall determine the time of the sale in accordance with paragraph 1 and the conditions therefor.


(3). Proceeds from the sale of allowances in accordance with paragraph 1, after deduction of costs connected therewith shall accrue to the Exchequer.

Credits gained through projects

§ 21 a. CDM credits and JI-credits can be used for the fulfilment of the obligation under section 26 (1) or (2), provided that they meet the conditions specified in this law.

(2). CDM and JI projects, which are carried out in order to reduce greenhouse gas emissions in order to obtain CDM and JI credits may only be initiated and implemented by legal or natural persons resident in Denmark after permission from climate and Energy Minister, or by the competent authority of an EU country that is not the host country for the project, see. However, paragraph 3.

(3). Projects, which is intended to be performed in Denmark to the achievement of JI credits may only be initiated and carried out after authorisation from climate and Energy Minister.

(4). Application for authorisation in accordance with paragraphs 2 and 3 from climate and energy is done by the submission of necessary documentation attached to the application for the project.

(5). Application for permission to carry out projects in Denmark can be accommodated, if the project is deemed to be in accordance with the Danish climate strategy and is carried out by a natural or legal person who is not resident in Denmark.

(6). JI-projects that directly or indirectly restrict greenhouse gas emissions from the production units subject to this law, may not be authorised in accordance with paragraph 3.

(7). Authorised in accordance with paragraphs 2 and 3 may not be given if the project is deemed to be contrary to Danish law, European Union law or international obligations, including guidelines, practices and procedures adopted under the UN Climate Convention and Kyoto Protocol. Permission may be refused if the climate and Energy Minister finds that the applicant is not in possession of the necessary technical or economic conditions and cannot therefore be considered to be qualified to carry out the task.

(8). Permission for hydro power plants over 20 MW can be refused, if the climate-and energy estimates that the project is at odds with an environmentally sound or sustainable development of the host country.

(9). Climate and Energy Minister may lay down detailed rules for the permissions after this determination, including rules about the information, the application must contain, deadlines for the submission thereof, and that the application must be in a particular form.

Paragraph 10. Climate and Energy Minister may lay down rules governing the issue of JI credits for projects carried out in Denmark, including rules for the procedure, conditions and time of issue.

Paragraph 11. Climate and Energy Minister may lay down rules restricting access to CDM and JI to transfer credits from one period to the next period, and rules that certain credits will lose their validity and will be cancelled at the end of a period.

§ 22. (Repealed)

Pools of production units

§ 23. Climate and Energy Minister, after approval by the European Commission may allow the operators of the production units that carry out one of the sections 5-8 referred to activities, for a period of time creates a pool of production units with the same activity in Denmark.

(2). Operators wishing to form a pool, see. paragraph 1 shall apply to the Minister in writing within 4 months before the relevant period begins.

(3). Application in accordance with paragraph 2 must specify a trustee who receive allowances on behalf of the non-covered, and contain documentation, including a full power to the trustee shall on behalf of the operators to carry out the obligations under section 26, paragraph 1, and section 31.

(4). If a trustee fails to comply with its obligations in accordance with the law, shall be liable to the individual operating head of the production unit in the pool for greenhouse gas emissions from its production units.

Chapter 5

Quota register

§ 24. Climate and Energy Minister establishes an electronic directory, which will contain information about the allocation, inventory, transfer, cancellation and surrender of allowances, CDM and JI credits in accordance with this law.

(2). Any natural or legal person has access to create accounts in the register to be used for registration of allowances or credits.

(3). Climate and Energy Minister may lay down detailed rules concerning the information contained in the register, on the detailed arrangement of this, about register assignments and the execution thereof, including on cooperation with other registers, on the operation of the register, on the surrender of allowances in accordance with section 13, paragraph 3, as well as on public access to information in the register.

(4). Climate and Energy Minister lays down rules on the payment of the fee for the register account holders. Climate and Energy Minister shall lay down further rules on fees to cover the costs of granting of authorisations under section 21 (a), (2) and (3), and in connection with approvals under section 26 (a), paragraph 1.

§ 25. Any purchase or sale of a quota or a credit entered in the register shall be reported to the climate and the Energy Minister and recorded by this regulation. (4).

(2). It is a prerequisite for trading in accordance with paragraph 1, that both the buyer and seller have an account in the Danish register or in a corresponding directory created in a different State every with the account in the register may request that climate and Energy Minister cancel allowances or credits to which the person concerned has at its disposal.

(3). Notification in accordance with paragraph 1 shall contain a unique identification of the buyer and the seller, as well as of the traded allowances or credits.

(4). Climate and Energy Minister decides whether the notification constitutes a sufficient basis for registration of the trade. Find climate-and energy, that this is not the case, rejected the registration of the trade.

(5). Climate and Energy Minister may lay down rules concerning the non-inclusion of insert fixed-term credits on accounts.

section 26. The operator of a production unit covered by law no later than 30 June each year. April return a number of allowances equal to the previous year's verified CO2 emissions from the production unit, see. However, section 26 (a).

(2). If the operator has not returned a sufficient number of allowances in relation to previous years of verified carbon dioxide emissions, the operator shall, no later than the 30. April the following year surrender allowances equivalent to shortage of previous years, see. However, section 26 (a).

(3). For the fulfilment of the obligation to surrender of allowances in accordance with paragraph 1 and 2, an operator in the 2. period use of CDM and JI credits, see. section 26 (a) (1), corresponding to 6.51% of the quotas allocated to the production unit. For operators of power and combined heat and power production units, which mainly aims to sell electricity to the collective network, is the threshold for the use of credits, however, 28.73% of the quotas, which in the period assigned to the production unit for fossil power generation under section 17, paragraph 1, and section 19.

(4). In the absence of reporting or fixing under section 30, paragraph 1-3, of the previous year's discharge is not the 30. April, the operator returns a number of allowances or credits equivalent to a preliminary statement provided by the Minister. When the final determination of discharge exists, adjusted the obligation to surrender allowances or credits accordingly at the following year's quota tournament.

(5). The Minister shall publish decisions on non-payment of duty in accordance with section 31, paragraph 1, on a publicly accessible area, on register electronic website etc.

section 26 (a). The CDM and JI credits, which is inserted in the Danish quota register, may, with the approval of the climate and energy used for fulfilment of the obligation under section 26 (1) or (2).

(2). Approval in accordance with paragraph 1 shall be granted, unless this is deemed to be inconsistent with paragraph 3 or 4, the limit laid down for the use of credits in section 26 (3) of the Danish legislation, moreover, European Union law or international commitments.

(3). CDM and JI credits from nuclear plants and from land use, land-use change and forestry cannot be used for fulfilment of the obligation under section 26 (1) or (2).

(4). Approval in accordance with paragraph 2 shall be subject to all rights at the same time, with the approval of the credit is transferred to the climate and Energy Minister.

(5). Climate and Energy Minister may lay down detailed rules for the authorisation under paragraph 1, including the information that the application must contain, on time limits for the submission thereof, and that the application must be in a particular form.

§ 27. There is public access to the information in the register with the constraints resulting from the legislation. Climate and Energy Minister decides on requests for access to information from the register.

(2). Climate and Energy Minister and tax Minister has access to any information in the register, which is necessary for the performance of their tasks in accordance with the law.

Chapter 6

Monitoring, verification and reporting

Monitoring

section 28. The operator is obligated to monitor CO2 emissions from production units, as this one is responsible for. Emissions can be calculated or measured.

(2). Monitoring shall be carried out in accordance with a plan for doing so, which is endorsed by the climate and Energy Minister.


(3). The Minister may lay down detailed rules on the monitoring and the monitoring plan referred to in paragraphs 1 and 2. In the rules it can be stipulated that the monitoring plan must follow established criteria and procedures, or that monitoring should take place on the basis of a monitoring plan to be drawn up and approved for the specific production unit. Who can lay down rules relating to the period during which the operator is obliged to retain data collected by the monitoring.

(4). In the approval of the monitoring plan referred to in paragraph 2 may be adopted in production terms as device specific features.

Verification

section 29. The monitoring of CO2 emissions under section 28 must be verified annually by an independent company (the Verifier), which is approved for that purpose by the climate and Energy Minister.

(2). Verification must in particular include measuring methods, appropriateness, reliability, credibility and measurements accuracy as well as the choice and application of emission factors and calculation methods used. Verification also includes the statement's conformity with the plan for the monitoring of emissions of CO2, see. section 28 (2).

(3). The Verifier shall prepare a declaration of verification, confirming that CO2 emissions are monitored in accordance with section 28 or rules issued thereunder, as well as a statement on the verification in accordance with paragraph 2.

(4). Costs related to monitoring and verification shall be the responsibility of the operator.

(5). The Minister may lay down detailed rules for the verification in accordance with paragraphs 1 to 3, including on conditions to be designated as a verifier.

(6). The Minister may revoke an approval in accordance with paragraph 1 and may lay down detailed rules concerning revocation of approvals announced.

(7). A decision taken pursuant to paragraph 6 of the Verifier can justify them brought before the courts, and shall include information on access to judicial review and the time for such regulation. (8). The request does not have suspensive effect, unless the Court decides otherwise.

(8). Application for judicial review must be received by the climate and Energy Minister, not later than 4 weeks after the decision is announced. The case is brought before the Court by the Minister in the then civil procedure forms.

Reporting

section 30. An operator, if the production unit is covered by the law, is responsible for annually by 31 December 2006. March to report verified CO2 emissions for the previous year from production units, as this is responsible for the climate and Energy Minister, and to the register referred to in section 24.

(2). Reporting to the climate and Energy Minister shall include the following information for each unit of production:





1) identification data of the production unit.

2) activity data, emission factors, oxidation factors and uncertainty for total emissions inventory for each of the activities covered by the Act to be performed on the production unit.





(3). If an operator do not report under paragraph 1, the Minister may fix the production unit's CO2 emissions. The Minister's determination of emissions has the same effect as if a verified reporting under paragraph 1. Costs in connection with the establishment, including the costs of any expert assistance, shall be the responsibility of the operator.

(4). An operator has not been verified reporting under paragraphs 1 to 3, the latter may not dispose of quotas through the register, subject to paragraph 2. § 24, before the verified reporting is carried out in accordance with paragraph 1 or a final release is provided by the Minister in accordance with paragraph 3.

(5). The Minister may lay down detailed rules on reporting in accordance with paragraphs 1 and 2.

(6). The Minister may disclose the reported information to another public authority with the constraints resulting from the legislation.

Chapter 7

Payment of tax by lack of quotas

section 31. Where an operator has not complied with his obligation pursuant to section 26 (1) or (2) impose on climate-and energy operator to pay a fee to the Treasury. The levy represents an amount equivalent to EUR 100 for each tonne of carbon dioxide, which is emitted without surrender of allowances or credits, see. section 26 (1) and (2) and section 26 (a). For overruns in the years 2005, 2006 and 2007 tax forms, however, an amount equivalent to 40 euros per tonne.

(2). The amount is due for payment within 14 days after such demand.

(3). Paid the amount due is not filed in due time, shall be paid in monthly interest of 1.3 per cent each commenced month from the 1. in the month in which the amount is to be paid by the operator and at least 50 us $.

(4). To be paid a fee of DKK 65 for reminders for payment in accordance with this law.

(5). Tax payment in accordance with paragraph 1 shall not release the operator from the obligation to return a quota or credit amount corresponding to the excess emissions to the climate and Energy Minister no later than 30 June. April of the following calendar year.

(6). For payment of duty in accordance with the law shall be liable to the operator. If the operator is not the owner of the production unit, the owner shall be liable jointly and severally with the operator for payment of the tax payment. If the operator does not operate the production unit for its own account, the operator of the production unit shall be liable for its own account, jointly and severally with the operator for payment of the tax payment.

(7). Unpaid amount of tax pursuant to paragraph 1, the interest rates and fees in accordance with paragraph 3, in accordance with paragraph 4 may be recovered by Lien in order and by attachment of earnings orders in accordance with the rules on personal taxes in kildeskatteloven.

(8). Arrears collection authority shall recover unpaid amount of tax, interest and fees. The recovery is done according to the rules laid down in the law on the procedure for the recovery of taxes and duties, etc.

(9). Arrears collection authority may cancel the requirements under paragraph 1, 3 and 4 in accordance with the rules in Recovery Act.

Chapter 8

Oversight and accountability, etc.

section 32. Climate and Energy Minister supervises compliance with the law, operators of rules issued thereunder, by decisions taken in accordance with the law and of the conditions in accordance with the law. If the Minister in accordance with the provisions of section 37, paragraph 2, assign tasks to a private organization, leads the Minister overseeing their compliance with the law, by regulations issued pursuant to the Act and of the decisions taken in accordance with the law.

(2). Operators carrying out activities covered by this law, shall, at the request of the Minister, submit any information, as these are necessary to assess the performance of their tasks in accordance with this law.

(3). For use in the administration of this Act can climate-and Energy Minister to obtain information from the State Customs and tax administration, including in electronic form.

section 33. Climate and Energy Minister's expenses for the granting of authorisations in accordance with §§ 10-12 and 23, the allocation of allowances in accordance with §§ 15-20 and 22, treatment and decision of matters relating to monitoring, verification and reporting under sections 28-30, decision on tax payment under section 31 and supervision under section 32 (1), shall be the responsibility of the operator of production units covered by the law.

(2). Climate and Energy Minister lays down rules on the payment of the costs of operators referred to in paragraph 1.

(3). Unpaid amounts under this provision can be recovered in the same manner as specified in section 31, paragraph 7 and 8.

Chapter 9

Complaints and penalties, etc.

Complaint rules

§ 34. Energy complaints board deals with appeals from decisions of the climate and Energy Minister under this law or under rules issued in accordance with the law. Decisions cannot be challenged before the courts, before the final administrative decision.

(2). By decisions of complaints after this law consists of the members of the complaints board, Energy which determines complaints after the law on electricity supply. If the complaint provides background for doing so, the Board's President may decide that the Committee by decision of the complaint shall consist of those members who determines complaints in accordance with the law on heat supply.

(3). The following decisions may not be brought before the complaints board: Energy





1) Minister's decisions under section 11, paragraph 1, and article 12, paragraph 1, no. 2 and 3.

2) Minister's decisions under Chapter 4, excluding decisions pursuant to section 16, paragraph 6.

3) Minister's decisions under section 30, paragraph 3, on the establishment of a production unit discharge.





(4). The appeal must be lodged in writing within 4 weeks after the decision is announced.

(5). Energy complaints Board President may by agreement with the Committee take a decision on the Board's behalf in matters dealt with under this Act or rules issued in accordance with the law.

(6). The Minister may lay down rules on access to appeal against decisions by the law or regulations issued under the Act shall be taken by the Minister, including that certain decisions should not be brought before the complaints board, Energy as well as to decisions of an institution to the Minister or another authority which the Secretary of State pursuant to section 37 has terminated its powers until after the law, not to be able to be brought before the Minister.

(7). The Minister may lay down rules on the payment of a fee, by bringing the matter of the appeal of Energy complaints.

section 35. (Repealed)


§ 35 a. Climate-and Energy Minister may lay down rules to the effect that the specified international decisions and technical specifications regarding requirements for enterprises, installations, devices, etc., or conditions attached to the granting of credits or allowances, etc., to which reference is made in the rules issued pursuant to this Act, be introduced in the Official Gazette.

(2). Climate and Energy Minister may lay down rules on how the information about the international decisions and technical specifications that are not introduced in the Official Gazette referred to in article 6. (1) can be obtained.

Criminal provisions

§ 36. Unless a higher penalty is inflicted for other legislation, is punishable by a fine, the





1) fails to appoint a proxy holder referred to in section 3, paragraph 6,

2) emit CO2 without appropriate valid permit under section 10 of the basic regulation. However, section 9, paragraph 2,

3) violates the terms and conditions in a permit issued under section 10 (2)

4) violates the obligation to surrender allowances in accordance with the decision pursuant to section 20 (5)

5) violate the terms in a monitoring plan approved in accordance with section 28, paragraphs 2 to 4,

6) violate the reporting obligation pursuant to section 30 by not reporting timely or adequate,

7) fails to give information under section 32 or

8) glosses over information or make false or misleading information that is important for the authorities ' handling of cases according to the law, or which have an impact on the authorities ' decisions in accordance with the law or have importance for tax control.





(2). In regulations issued under this law, may be fixed penalty of fines for those who violate the rules.

(3). Anyone who commits any of the offences referred to (1) or (2) with intent to evade the Treasury charge punishable by fine or imprisonment up to 2 years, unless a higher penalty is inflicted for other legislation.

(4). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Empowering

section 37. Climate and Energy Minister may authorize an institution created under the Ministry or other public authority to exercise the powers conferred on the Minister by this Act.

(2). The Minister may authorize a private organization to carry out the task of selling or holding of auction under section 21 and to endorse, including accredited, verifiers under section 29.

Chapter 10

Other provisions

section 38. For the five-year period starting on 1. January 2008 and for subsequent five-year periods, climate and Energy Minister shall draw up a national plan for setting and allocation of allowances under the involvement of the public. Plan for each five-year period shall be published and forwarded to the European Commission not later than 18 months before the beginning of the period.

(2). On the basis of the plan referred to in paragraph 1 makes the climate and energy bill on the allocation of allowances to the of the law included the production units for the period 2008-2012 and for later periods.

section 38 (a). Climate and Energy Minister publishes information on projects covered by section 21 (a), as Denmark participating in or allowing others to join in.

(2). Climate and Energy Minister publishes reports under section 30 in the production units discharges.

§ 39. The time of the entry into force of this Act shall be determined by the climate and Energy Minister. The Minister may provide that parts of the law will come into force before other parts of the law. 2)

(2). The law does not apply to the Faroe Islands and Greenland.

§ 40. (Omitted)

§ 41. (Omitted)




Act No. 410 of 1. June 2005 amending the Act on CO2 quotas, 3) that relate to the footnote, sections 1 and 2, article 3, paragraphs 3 and 4, § 4, paragraph 2, section 13, paragraph 1, article 19, paragraphs 1, 4, 7 and 8, sections 21, 24 and 25 (a), section 26, paragraphs 1-3, § § 26 (a) and 30, § 31, paragraphs 1 and 5, § 32, paragraph 3, article 33, paragraph 3, article 35, paragraph 1, article 36, paragraph 1 , nr. 1, and section 38 (a), includes the following entry-into-force provision:



§ 2

(1). The law shall enter into force on the 1. July 2005, see. However, paragraph 3.

Paragraphs 2 and 3. (Omitted)




Act No. 554 of 6. June 2007 amending the Act on CO2 quotas, 4) relating to the footnote, § 2, nr. 17 and 21, § 4, paragraph 2, article 9, section 13, paragraphs 1, 3, 4 and 6, §§ 15-20 (a), article 21, paragraph 2, section 21 (a), paragraphs 10 and 11, section 22, section 24, paragraphs 1 and 3, article 25, paragraph 5, article 26, paragraphs 1 to 5, section 26 (a) (2) and (3), section 30, paragraph 3, 4 and 6, section 31, paragraph 1, § 34, paragraphs 3 and 7, article 36, paragraph 1, no. 4 and 5, and annexes 1 and 2, includes the following entry into force and transitional provisions:



§ 2

The time of the entry into force of the Act or sections of the Act shall be determined by the Minister.

§ 3

A derogation granted under section 4 (2) of law No. 493 of 9. June 2004 on CO2 quotas, as amended by Act No. 410 of 1. June 2005, for production units, if fossil fuel consumption is less than 1 per cent of the total fuel consumption, maintained. The derogation shall lapse, however, if the production unit in a calendar year, using more than 1 per cent fossil fuels.




Act No. 317 of 30. April 2008 amending the Act on CO2 quotas, 5) relating to section 10, paragraphs 5 to 8, section 20, paragraph 6, section 26, paragraphs 5 and 6, § 27, paragraph 2, section 30, paragraphs 6 and 7, section 32, paragraph 2, section 35 and section 37, paragraph 3, includes the following entry-into-force provision:



§ 2

The law shall enter into force on the day after publication in the Official Gazette.
The Danish Energy Authority, the 9. May 2008 Ib L/Michel Schilling Annex 1

CO2 emission factors for 1998 to 2004 relative to the lower calorific value









Brændsel





CO2 kg/GJ







Kul





95,0







Raffinaderigas





56,9







LPG





65,0







LVN





65,0







Motorbenzin





73,0







Flyvebenzin





73,0







Petroleum





72,0







JP1





72,0







Gas-/dieselolie





74,0







Fuelolie





78,0







Orimulsion





80,0







Petroleumskoks





92,0







Spildolie





78,0







Naturgas





56,9*







Koks





105,0







Brunkulsbriketter





97,0







Bygas





56,9







Halm





0,0







Skovflis





0,0







Brænde





0,0







Træpiller





0,0







Træaffald





0,0







Biogas





0,0







Flydende biobrændsel





0,0







Affald





78,7**









* For 2001, however, 57.25, 57.28, 2003 57.19 for 2002 and 2004 57.12.

** Applies to the fossil part (mixed plastics) of the waste.
Annex 2

Annex 2 relates to key figures for allocation of allowances under section 19 for operators of new production units as well as production units, which are covered by this law, and which, in the 1. January 2007 has undertaken a major expansion of production capacity.

Ratio is obtained by multiplying the ratio of column ' Quotas per capacity unit (NAP2) ' with the production capacity of the new production unit, expressed in the corresponding device as listed in column ' capacity unit '.









List item on the heavy process-list Quotas per capacity unit (NAP2) capacity unit Procesud-wires 1) used for the heating of glasshouses with a covered area of at least 200 m2 in nurseries and vækstlys in these, with the exception of incubators, from which is going on retail sale.






0.096 m2 heated greenhouse 2) used directly by evaporation and drying of water dissolved sodium chloride.





34 412 tonnes of dry salt per hour Ton utørret salt per hour 3) used directly by pasteurization, sterilization, evaporation, drying, concentration and homogenization of milk and milk-based products for the manufacture of milk-based products with a dry matter content of not less than 90 per cent of electricity used directly for heating and drying as well as for the operation of special plants, which as part of the canning process happens a concentration in the form of URf.eks. ultrafiltration, however, are also covered. Concentration with a view to the manufacture of these milk-based products are covered, irrespective of whether it takes place in the company, which manufactures these products, or in other companies.





2,198 tonnes of milk powder per hour 3,435 tonnes of protein powder per hour 4) used directly in the manufacture of feedingstuffs, feed the addition, including feed phosphates, and compound feedingstuffs as well as drying and dehydration of vinasse, mask, roepiller and similar products intended for animal feed. However, this does not apply to consumption for drying of grains and seeds.





20 tonnes of feed per hour 5) used directly in the manufacture of flours, meals and pellets, of meat or meat offal unfit for human consumption falling within subheading 2301.10 of the combined nomenclature of the European Union except for Greaves to be fit for human consumption.





343 tonnes of meat-and-bone meal per hour 6) used directly in the manufacture of grøntmel, green pills and other dehydrated vegetables.





798 Ton green pills or grøntmel per hour 7) used directly for the production of pectic substances, pectinates and pectater and mucilages and gelateringsmidler, whether or not modified, derived from vegetable products falling within subheading 1302.39 1302.20 to and with the position of the EU's combined nomenclature and modified starches falling within subheading 3505 of the EU's combined nomenclature and directly in the manufacture of emulsifiers in food production or for technical purposes on the basis of products of vegetable or animal fat and oil substances.





1,766 tonnes of pectin per hour 638 Ton emulsifier per hour 8) used directly by distillation of alcohol and in combination therewith the manufacture of yeast, including subsequent drying of yeast.





491 cubic metres of pure alcohol per hour 9) used directly by drying or evaporation of paper-and papmasse or other substances or products or mixed with water with dissolved into a dry matter content not exceeding 40% before drying and a dry matter content of not less than 90% after drying.





0 As section 21 10) Glass 1,191 tonnes of molten glass per hour Yes 11) used directly in the manufacture of a) slag-wool, rock-wool and similar mineral wools, exfoliated vermiculite, expanded clays, foamed slag and similar expanded mineral substances, mixtures and articles of heat-insulating, sound isolation or sound-absorbing mineral substances falling under heading 6806 in the EU combined nomenclature,





344 cubic metres per hour Yes letklinker 2,130 Tonne linjeuld per hour (b)), including glass wool, glass fibres falling under heading 7019 of the EU combined nomenclature, 1,153 fibrering Ton per hour Yes 12) used directly to ceramic burning as well as prior drying of products intended for this purpose.





704 tons of burned goods per hour Yes 13) used directly for heating, evaporation, drying or burning of limestone, chalk, limestone, marble, and other calciumcarbonatprodukter, Chert, gypsum, bentonite, piers and other clays, ferrous sulphate, copper sulphate and calcium oxide as well as fertilisers with a dry matter content of at least 90 per cent, of which at least 5 percent phosphate after drying. Electricity used directly in the manufacture of calciumcarbonatprodukter, however, only in the form of heating and drying as well as for the operation of special plants, which as part of the canning process happens a concentration of calciumcarbonatprodukterne as well as taxable goods with the exception of electricity for heating by plaster plate harden facilities, however, are also covered.





7.499





Ton styk-kalk pr. time





Ja







 





6.949





Ton brændt kalk pr. time





Ja







 





304





Ton tørret bentonit pr. time





 







 





4.024





1.000 m2 gipsplader pr. time





 







16) Der anvendes direkte ved fremstilling af fiskeolie samt fiskemel henhørende under position 2301.20 i E U's combined nomenclature based on fish and crustaceans, molluscs or other aquatic invertebrates and waste thereof. However, this does not apply to consumption of electricity for the production of fish meal, fish oil and after limvand has been split off from the press cake, and after that fish oil has been separated from solubles in the production process. It also does not apply consumption of electricity for further processing of the fish oil, after they have been separated from solubles.





 

 

343 tons of raw materials for fish oil and fish meal production per hour 17) used directly in the manufacture of cane or beet sugar falling under heading 17.01 in the EU combined nomenclature klartur on the basis of sugar beet and sugar cane.





684 tons of sugar beet per hour 18) used directly in the manufacture of starch falling under heading 11.08 in the EU combined nomenclature, where the dry-extract content is at least 80 per cent.






76 tonnes of potato flour per hour 1,805 Ton potato protein powder per hour 19) applied directly to the drying and firing of malt.





424 tonnes of malt per hour 21) used directly in the manufacture of paper and cardboard on the basis of return and waste paper and paperboard or cellulose and pulp, or used for milling of calciumcarbonatprodukter into powder with a diameter of not more than 3 microns, in so far as the powder is intended to be used in the manufacture of paper. However, this does not apply to taxable goods used for finishing paper or paperboard, including subsequent manufacture of paper and cardboard or other paper and cardboard toys based on ready-prepared paper, except coating or glazing. Electricity used in the manufacture of paper and paperboard in forms other than sheets or rolls, however, are not covered when the paper or cardboard have shapes other than egg trays. Taxable goods used directly for the production of egg trays of other materials is also included.





196 Ton (paper recycling to) pulp per hour 2,679 Ton (pulp) of paper per hour 22) used directly in the manufacture of cellulose or pulp of return and waste paper and cardboard.





196 Ton (paper recycling to) pulp per hour 28) used directly by refining and distillation of petroleum products and coal tar, and other mineral tars and products derived thereof.





724 Tonnes refined finished products per hour 29) are used directly in the manufacture of cement.





5,469 tons of grey cement per hour Yes 7,764 tonnes of white cement per hour Yes 30) used directly for melting metals and glass and varmholdelse of molten metals and glass, as well as directly to the manufacture of rolled or continuous cast slabs and billets as well as for further processing of slabs and billets by hot-rolling mills to sheets, wire, rods and similar articles, of iron or steel , not further processed by URf.eks. sandblasting, etc., for metal heat treatment plant and for ventilation of premises, where molten metal and glass processing. Only heat the glass to over 300 degrees as well as varmholdelse of glass that has been heated above in the manufacturing process, are considered as glass melting and varmholdelse of molten glass.





196 tons of pig iron per hour Official notes 1) Law transposes European Parliament and Council Directive 2003/87/EC of 13. October 2003 establishing a scheme for greenhouse gas emission allowance trading within the community and amending Council Directive 96/61/EC (Official Journal of the European Union 2003 nr. L 275, p. 32), as amended by European Parliament and Council Directive 2004/101/EC of 27. October 2004 (Official Journal of the European Union 2004 nr. L 338, page 18). In the law included certain provisions of Commission Regulation (EC) No. 2216/2004 of 21. December 2004 for a standardised and secured registries system pursuant to European Parliament and Council Directive 2003/87/EC and European Parliament and Council decision No 280/2004/EC (Official Journal of the European Union 2004 nr. L 386, page 1). According to article 249 of the EC Treaty where a regulation is directly applicable in each Member State. The reproduction of these provisions of the Act is thus entirely justified in practical terms and shall not affect the validity of the regulation's immediate in Denmark.

2) bekendtgørelse nr. 550 of 17. June 2004 on the entry into force of certain provisions of the Act on CO2 quotas, the Minister provided that Chapter 1-3 and 5-10 came into force on 1 January. July 2004 and had impact on emissions of CO2, which takes place after 31 December 2002. December 2004. By Decree No. 829 by 3. August 2004 on the entry into force of Chapter 4 of the Act on CO2 quotas provided for the Minister, that the Act's Chapter 4 on the fixing and allocation of allowances for 1. period 2005-2007, as amended by Act No. 493 of 9. June 2004 on CO2 quotas, entered into force on 15. August 2004.

3) the amendment transposes European Parliament and Council Directive 2004/101/EC of 27. October 2004 amending Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the community, in respect of the Kyoto Protocol's project mechanisms (linking directive) and gives the companies covered by the quota Act, the possibility of using CDM and JI credits from Joint Implementation (JI) and the Clean Development Mechanism (CDM) climate projects to meet corporate obligations in accordance with the quota Act.

4) regulatory amendment establishes the overall allocation of CO2 allowances for the period 2008-2012, the quota distribution on production units, pool for new companies and loft for use of credits. The Minister laid down in Decree No. 1392 by 12. December 2007, that the amendment entered into force on 1. January 2008.

5) The national allocation plan for Denmark for the period 2008-2012 was approved by the European Commission on 31 May. August 2007 on condition that the amount of credits, which the companies can apply in the European Union's quota system is reduced. The amendment, which entered into force on 1 January. May 2008, implement this condition. At the same time be reworded or removed a number of provisions as a result of the creation of the climate and Energy Ministry by Royal resolution of 23. November 2007.