Executive Order On Quota Register As Well As The Cdm And Ji Projects And Credits

Original Language Title: Bekendtgørelse om kvoteregisteret samt CDM- og JI-projekter og -kreditter

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=115264

Overview (table of contents) Chapter 1 preliminary provisions

Chapter 2 Quota register

Chapter 3 application for CDM and JI projects abroad

Chapter 4 application for permission to carry out JI-projects in Denmark

Chapter 5 concerning the authorisation of the use of CDM and JI credits to non-return in Denmark

Chapter 6 Charges

Chapter 7 entry into force, etc.

Annex 1 The full text of the Decree on quota register as well as the CDM and JI projects and credits 1)

Under section 21 (a), paragraphs 9-11, § 24, paragraphs 3 and 4, § 25, (5) and section 26 (a), paragraph 5 of law No 21/92. 493 of 9. June 2004 on CO2 quotas, as amended by Act No. 410 of 1. June 2005 and law No. 554 of 6. June 2007, determined in accordance with the authority under section 37 (3):

Chapter 1

Introductory provisions

§ 1. This notice sets out the rules on the authorisation in accordance with article 21 (a) to initiate and implement CDM and JI projects and about authorisations in accordance with § 26 (a) on the application of the CDM and JI credits to return after section 26.

(2). The Decree also lays down rules on the operation of the register and account holders use of quota quota register after § § 24 and 25 as well as rules on fee in connection with permits, approvals, creation, use, and application of accounts in the quota register.

§ 2. In this Ordinance for the purposes of the following:





1) CDM projects: Projects in CDM countries, as defined in section 2 of the Act, no. 2.

2) Determinerings report: report of an independent unit that is approved by the UNITED NATIONS, and who approves a JI-project additionality.

3) JI-projects: Projects in JI-countries, as defined in section 2 of the Act, no. 16.

4) JI Track 1-projects: Projects in JI-countries, as defined in section 2 of the Act, no. 16, with permission from the UNITED NATIONS to approve project additionality.

5) JI Track 2 projects: Projects in JI-countries, as defined in section 2 of the Act, no. 16 who do not have permission from the UNITED NATIONS to approve project additionality.

6) Project description in UN standard format: Project description that meets the requirements of the UN standard format for CDM or JI.

7) Project additionality: the fact that the reductions will not take place if the CDM or JI project is not implemented.

8) Project monitoring plan (monitoring program): Description of the measurements will be conducted in order to document the emission reduction from a given project.

9) Reference scenario (baseline scenario): Description of the greenhouse gas emissions that would occur if a specific project is not implemented.

10) validation report: report of an independent unit that is approved by the UNITED NATIONS, and which in accordance with decisions of the United Nations in keeping climate change Convention approves a CDM project additionality.

11) Verified audit report: report of an independent unit that is approved by the UNITED NATIONS, and which in accordance with decisions of the United Nations in keeping climate change Convention approves the measurements of the actual emission reductions from a CDM or JI project.





Chapter 2

Quota register

§ 3. Operator of a production unit covered by lov om CO2 quotas for each covered production unit must have an operator holding account in quota register.

(2). Natural or legal persons, which are not covered by sections 3 to 8 of the Act on CO2 quotas, can apply to get set up and have a personal account in quota register.

§ 4. Factory managers and others who want to create an account in quota register shall comply with the conditions, as evidenced by the quota register website, and pay the fee referred to in article 6. § 15.

(2). The DEA can by breach of conditions, including non-payment of fee, closing an account holder account.

(3). If for technical reasons cannot be accessed quota register, account holder per fax, letter or email to send request to the Danish Energy Agency to implement the required actions.

(4). The Danish Energy Agency can reject actions that are in violation of national or international rules or as there is no coverage for on that account.

§ 5. CDM credits from land-use, land-use change and forestry cannot be inserted at either the operator holding accounts or personal accounts in the quota register.

§ 6. The Danish Energy Agency gives permission to transfer the CDM and JI credits from one commitment period to another.

(2). Permission cannot be granted for transfer of JI credits from projects on land use, land-use change and forestry to a subsequent commitment period.

(3). Application for authorisation for transfer must be made in writing, drawn up in Danish or English, and is submitted to the quota register between 1. January and the 1. July 2013.

(4). If the total quantity applied for exceeds the limits for transfer to subsequent periods, such as the UN or the EU have allowed, making the DEA a proportionate reduction in the quantity, however, giving priority to credit balances credited to the operator holding accounts.

(5). The Danish Energy Agency shall notify the authorization for transfer to the subsequent commitment period by 1. November 2013.

Chapter 3

Application for authorisation of CDM and JI projects abroad

§ 7. Legal or natural persons who are resident in Denmark, or funds without being resident in Denmark represents participants resident in Denmark, and who wish to obtain a permission to initiate and implement CDM and JI projects abroad, must submit an application to the DEA, which contains:





1) Name and contact information of the applicant (s).

2) Project description in UN standard format.

3) Validation or determinerings report.

4) approval of the project from the host country or other official confirmation that the host country is in favour of the implementation of the project.

5) Documentation for payment of the fee referred to in article 6. Chapter 6.





(2). Application for authorisation of projects involving the hydro power plants with a capacity exceeding 20 MW must, in addition to the information referred to in paragraph 1 shall contain an extended validation or determinerings report, which follows the guidance on compliance with the World Commission on Dams guidelines.

(3). The Danish Energy Agency may require additional information from the applicant than those referred to in paragraphs 1 and 2.

(4). Permission to launch and implementation of the projects referred to in paragraphs 1 and 2 shall be granted, when





1) applications shall include the information referred to in paragraphs 1 and 2, as well as the possibly. For more information, which is required in accordance with paragraph 3,

2) project is estimated to be in compliance with Denmark's international obligations, including guidelines, practices and procedures adopted under the UN Climate Convention and the Kyoto Protocol,

3) the applicant is deemed to be in possession of the necessary technical or financial requirements to carry out the task and

4) project is estimated to lead to real reductions in greenhouse gas emissions.





(5). CDM and JI credits from projects that have obtained permission and meets the requirements for the return of the basic regulation. section 21 (a) and section 26 (a), be registered immediately as approved for return and the projects be included in the list referred to in article 6. § 12.

Chapter 4

Application for permission to carry out JI-projects in Denmark

§ 8. It is a prerequisite for permission under section 9, that there is a positive indication of a JI-project idea in Denmark.

(2). Application of positive expression to a JI-project idea must be written, designed in Danish or English, and are submitted to the Danish Energy Agency. The application must contain the information about the project, which is set out in annex 1, as well as proof of payment of the fee referred to in article 6. Chapter 6.

§ 9. Application for permission to initiate and carry out a JI-project in Denmark must be written, designed in Danish or English, and are submitted to the Danish Energy Agency of the project officers.

(2). The application must contain:





1) Person and contact information of the applicant.

2) Project description in UN standard format.

3) Determinerings report.

4) approval of the project from the investor country and

5) documentation for payment of the fee referred to in article 6. Chapter 6.





§ 10. The Danish Energy Agency may require additional information from the applicant than those referred to in sections 8 and 9.

§ 11. The DEA is issuing credits on the basis of approval by a verified audit report of the project's actual emissions reductions produced by an independent unit that is approved by the United Nations. The verified audit report are submitted to the Danish Energy Agency with information about the account number of the account to which the credits to be transferred.

Chapter 5

Approving the use of CDM and JI credits to non-return in Denmark

§ 12. Projects approved under sections 7, 9 and 14 will be admitted on a published list of approved projects, from which credits can be used for the return, in the Danish quota register.


(2). Credits from projects that are included in the list, do not need additional approval in order to be able to be used for the return in Denmark. The authorisation shall be valid for all credits issued from the project in question in a given forpligtigelses period.

§ 13. CDM and JI projects, which are not included in the list of approved projects, see. § 12, from which credits can be returned by an operator in Denmark, but where the credits have already been issued may be authorised in the case of an application to the Danish Energy Agency.

(2). Application filed by account holders of quota register. The application must be in writing and drawn up in Danish or English.

(3). Application for approval of credits from CDM and JI Track 2 projects must include:





1) account holder name, contact information and account number in the quota register.

2) identification numbers on the credits.

3) documentation for the credits to be used for the return in Denmark, such as faith and love-declaration or sales agreement for Danish operator.





(4). Application for approval of credits from JI Track 1-projects must include:





1) account holder name, contact information and account number in the quota register.

2) Project description in UN standard format or equivalent.

3 Determinerings report or equivalent report), which determines whether the JI Track 1-the project is additionelt.

4) identification number of the credits.

5) project name and number.

6) documentation for the credits to be used for the return in Denmark, such as faith and love-declaration or sales agreement for Danish operator.





(5). If the application relates to projects on hydroelectric power plants of more than 20 MW must, in addition to the information referred to in paragraphs 3 or 4, are submitted documentation pursuant to section 7, paragraph 2, or equivalent documentation for compliance with the World Commission on Dams guidelines.

(6). In order to ensure that the DEA can decide on the permission to return the year in which the credits from a project must be returned for the first time, applications are submitted within the following time limits, in the same year:





1) CDM or JI projects on hydroelectric power plants of more than 20 MW must be received in the Danish Energy Authority no later than 15. January.

2) For other JI Track 1 projects, the application must be received no later than 1. March.

3) For other CDM and JI Track 2 projects, the application must be received no later than 15. March.





(7). The Danish Energy Agency may require additional information from the applicant than those mentioned above.

§ 14. Approval of an application submitted under section 13 shall be granted when the following requirements are met:





1) Credits from the project are located on applicant's account in quota register.

2) Project should not be refused in accordance with article 21 (a).

3) the project conforms to the requirements of section 26 (a).





Chapter 6

Fees

§ 15. Fee rates for having an account in quota register are:





1) 0.26 USD per allocated free allowances in order to have a drifslederkonto

2) 600 euro per year to create-and have a personal account.





(2). The Danish Energy Agency charges a fee in accordance with paragraph 1, nr. 1, with individual operators once a year by mid-year. Fee in accordance with paragraph 1 No. 2, levied when creating the account and then annually by the middle of next year.

(3). Fee charged in accordance with paragraph 2 shall be due and payable 30 days after the date of the rules governing the issue.

§ 16. For processing of applications for permits and approvals, without prejudice. Chapters 3 and 4, shall be paid a fee to the Danish Energy Agency. The fee for application paid before submission of the application in accordance with Chapter 3 and 4 and is a prerequisite for the processing of the application.

(2). Rates for the examination of applications is:





1) For a CDM or JI project abroad, see. section 21 (a), paragraph 2, shall be paid a fee of us $ 16,600.

2) For a project on a hydro-electric power plant over 20 MW are paid a fee of DKK 27,600.

3) For a CDM or JI project abroad, which is in accordance with the criteria of "small scale projects" specified in decisions under the Kyoto Protocol, shall be paid a fee of us $ 8,300.

4) For a JI-project in Denmark, see. section 21 (a), paragraph 3, shall be paid a fee of DKK 38,700.  Half of the fee must be paid before submission of the application for a positive expression, see. section 8, and the remainder of the fee must be paid before submission of the application for authorisation referred to in article 6. § 9.





§ 17. The fees in accordance with sections 15 and 16 shall be adjusted annually on the basis of the last published PL-regulatory rates in price and labour cost index in the Finance Ministry's economic administrative guidance. The Danish Energy Agency calculates each year the new charge sizes and publish them on the Danish Energy Authority's website.

Chapter 7

Entry into force, etc.

§ 18. The notice shall enter into force on the 29th. February 2008, however, section 15 has effect from 1. January 2008.

(2). Executive Order No. 386 of 27. April 2006 regarding an application for development consent for projects and approval of JI and CDM credits shall be repealed.

(3). Projects who have obtained approval under executive order No. 386 of 27. April 2006, may be included in the published list of quota register referred to in article 6. section 12, if the projects should not be refused in accordance with article 21 (a), paragraph 8, and projects in addition to live up to the requirements of § 26 a. DEA, 27. February 2008 Ib L/Anton Beck Annex 1

Application of positive indication for JI projects in Denmark, see. section 8, shall contain the following information, documentation, etc., contained in paragraphs 1-6:

General information about project officers and project participants

If there are several project officers or project participants entered the information below under point 1 for each of these:




1) name,

2) organization type (URf.eks. State institution, municipality, or private enterprise),

3) address,

4) contact person

5) phone,

6) email and

7) possibly, home page



General description of the project




1) project name.

2) Investor country.

3) Project location (name of project host, city and region).

4) Project type (greenhouse gas and activity group).

5) Project description (key features of the project, URf.eks. background and motive for the project, by the reason for the "small scale" status, short description of current greenhouse gas emissions and opportunity reduction).

6) Appropriate legal and institutional conditions.

7) Anticipated start date of the project (year and month of the project's commissioning and early greenhouse gas reductions).



The project technology and additionality.

Description of the following:




1) the implemented technology and relevant facts on project location.

2) possible alternatives to the proposed project activity, including a description of why the project does not constitute the most likely reference scenario.

3) Possible obstacles or bottlenecks for implementation of the project.

4) A statement that the project is likely to be in accordance with applicable Danish climate strategy.



If additional material is available (URf.eks. detailed project descriptions, drawings, data sheets, calculations, etc.), this should be included as an annex.

Greenhouse gas reductions

Preliminary, but reasoned calculation of:




1) Emissions in the reference scenario, baseline, in tonnes of CO2 equivalent per annum (i.e. discharges if the project is not carried out).

2) Uledninger in tonnes CO2 equivalents per year once the project is completed.

3) Expected reductions of greenhouse gas emissions per year.



Preliminary assessment of project costs

A preliminary, but reasoned assessment of:




1) Investment and operating costs.

2) project's potential revenue, including revenue from sale of JI credits.



The project's implementation and financing

Brief description of the:




1) Project current status.

2) Other relevant stakeholders, in addition to the project participants and the status of their participation.

3) Plan for the project's implementation, including Cvs of project participants.

4) Plan for the project's funding.



The following shall be attached:




1) Confirmation from the local project hosted on that this is familiar with the planned project and agreed to its implementation.

Official notes

1) Decree transposing a 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 notice are 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.