Executive Order On Supplements To Promote The Spread Of Electricity Facilities With Renewable Energy Sources

Original Language Title: Bekendtgørelse om tilskud til at fremme udbredelsen af elproduktionsanlæg med vedvarende energikilder

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Overview (table of contents) Chapter 1 General conditions for grant

Chapter 2 Commitments for grants and down payment

Chapter 3 the grant funds and plans for tilskudsgivningen

Chapter 4 Publication, administration of grants, accountability and cancellation of grants

Chapter 5 the appeal provisions

Chapter 6 penal provisions and the entry into force of The full text of the Executive order on supplements to promote the spread of electricity facilities with renewable energy sources

Under section 57 (e), paragraph 5, section 57 (f), paragraph 6, section 68 (a), paragraph 85 (a) (1), (3) and (4) and sections 88 and 90 of the lov om elforsyning, jf. lovbekendtgørelse nr. 1115 of 8. November 2006, as amended by section 1 of Act No. 549 of 6. June 2007 and § 1 of lov nr. 505 of 17. June 2008, be determined in accordance with the authorization given under section 92:

Chapter 1

General conditions for grant

§ 1. Energinet.dk may, on application, give grants to promote the spread of electricity facilities with a smaller cogeneration, which uses renewable energy sources or technologies of importance to the future distribution of electricity produced from renewable energy sources (renewable electricity), see. paragraph 57 (e), paragraph 1, of the law on energy, including

1) photovoltaic installations integrated in buildings,

2) wave power plants with less electricity capacity and

3) power generation equipment, which uses gas produced by gasification of biomass, stirling engine works and other similar plants with biomass as an energy source.

§ 2. Grants are given for the purpose of promoting the spread of marketable conditions of installations covered by article 1, which is estimated to be able to produce electricity on a regular basis. To be including the emphasis on whether or not

1) the technology concerned has a substantial potential for spreading,

2) grants for the facility will promote the spread of this technology under market conditions, and

3) subsidies for the plant will contribute to the further development of larger and more efficient facility, which uses the technology concerned.

(2). Supplements are also subject to the condition that the plant is connected to the grid and in a prescribed period can produce electricity at a rate which corresponds to a reasonable benyttelsestid for this technology.

§ 3. Grants can be given to a share of

1) the cost of the investment in the plant or for provisioning, deployment, etc. of the plant with a view to its use as referred to in § 2, paragraph 2, as well as the plant's commissioning in a fair trial phase, including the cost of necessary consulting, and

2) the cost of lessons and dissemination of findings on plant economics and operation for a period of time after idriftsætningen.

(2). The grant can be given to installations for which price miscellaneous charges for environmentally friendly electricity production pursuant to the law on electricity supply or other similar provisions.

(3). There may be co-financed in the framework of Commission Regulation (EC) No 800/2008 of 6. August 2008 on certain kinds of compatibility with the common market pursuant to article 87 and 88 of the Treaty (General block exemption regulation), (Official Journal of the European Union 2008 nr. L 214, page 3). Commitments for grants for installations must contain an explicit reference to the relevant provisions of the regulation with the specification of the relevant provisions, the title of the regulation and referring to its publication in the official journal of the European Union.

Chapter 2

Grant commitments and disbursement

§ 4. Energinet.dk may, on application, grant commitment grants for installations as referred to in § 1.

(2). The decision of which assets you communicated commitment to be taken on the basis of objective, factual and reasonable criteria.

(3). There can not be co-financed if investment or preparation as referred to in § 3 (1) (8). 1, has begun at the time of the undertaking. Investment or preparation is considered to have been started if the performed work or completed purchases or signed binding agreement about work or supplies related to the plant.

(4). Commitments must be accompanied by the necessary conditions in order to ensure the effective implementation of the project, including the project's progression documented.

§ 5. Energinet.dk shall pay the financial contribution periodically on the basis of incurred accumulated total costs. Grants shall be paid to the beneficiary's account with a financial institution.

Chapter 3

The grant funds and plans for tilskudsgivningen

§ 6. Be granted as referred to in section 1 of the grant pool of 25 million. DKK annually in the years 2008-11 incl., without prejudice. paragraph 57 (e), paragraph 2, of the law on the electricity supply. Undrawn commitment and reimbursement frameworks for a year will be transferred to the next year.

§ 7. Energinet.dk will draw up a plan for the allocation of grants for installations covered by article 1 and shall submit the plan to the Danish Energy Agency. The plan shall contain a description of the areas of intervention, as included in the plan, an overall assessment of the applications received in relation to priorities and a reasoned priority will be given to the basis for the allocation of grants and their size.

(2). The submitted plan is approved by the Danish Energy Agency.

(3). Energinet.dk shall decide, on the basis of the plan, which is approved by the Danish Energy Authority, the decision on which projects are to be communicated to the undertaking.

(4). Climate and Energy Minister will inform the Energy Policy Committee of the Danish Parliament's approved plan.

Chapter 4

Publication, administration of grants, accountability and cancellation of grants

§ 8. Energinet.dk provides results of funded projects available to the public and disseminate the results in relevant media. Energinet.dk may in exceptional cases authorise only a summary of the results shall be made available to the public.

§ 9. Energinet.dk oversees economic and technical progress in the projects, which receive grants.

(2). Energinet.dk shall organise an effective monitoring procedure for the projects ' economic and technical progress.

(3). Within two months after the project's end must be a professional accountant approved accounts for the project.

(4). The audit must be performed by a chartered or certified accountant. However, don't be accounts auditor authenticated where auditor responsible for auditing the responsible institutions or enterprises.

(5). Energinet.dk shall draw up an annual report, which describes the scheme's administration, including the progress in the projects. The report shall be sent to the Danish Energy Agency.

§ 10. Energinet.dk Announces call for applications for the commitment of grant.

(2). Energinet.dk prepare

1) indicative guidelines for the call for applications for the commitments and

2) formal requirements to the contents of applications, including on the use of an application form, annex, medsendelse URf.eks. project description, CV, declarations and signatures from institutions), budget, specifications, etc.

(3). Form requirements and deadlines for the call must appear in the publication. If non-compliance with the formal requirements or a period of time can cause an application to be rejected without admissible, it shall also be stated in the advertisement.

(4). Energinet.dk issue general conditions for disbursement of the grant, including whether supervision and control as referred to in article 9, paragraphs 1 and 2, and instruction for review as referred to in section 9, paragraph 3.

(5). Publication of calls with accompanying information as referred to in paragraphs 1 and 2 and of conditions etc. as referred to in paragraph 4 is done on UREnerginet.dk .com's Web site.

§ 11. Anyone who applies for or receives subsidies covered by this order, at the request of the Energinet.dk is obliged to provide any information relevant to the message of commitment and disbursement of grants, including to the Commission General block exemption regulation as referred to in section 3, paragraph 3, are complied with.

§ 12. Energinet.dk may decide to grant pursuant to this order in whole or in part shall lapse if

1) the beneficiary has provided false or misleading information or omission of information of importance in connection with the decision on grant or during the course of the project,

2) conditions for giving grants are not complied with, or

3) the project is not completed within the time limit laid down in the undertaking.

(2). In the context of a decision on the cancellation of subsidies in accordance with paragraph 1 may Energinet.dk may provide that the reimbursement paid totally or partially repayable.

Chapter 5 the appeal provisions

§ 13. Decisions of the Energinet.dk under this Ordinance may not be appealed to any other administrative authority.

(2). Decisions taken by the DEA pursuant to § 7 (2), cannot be brought before another administrative authority.

Chapter 6

Penal provisions and entry into force

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

1) they supply incorrect or misleading information or conceals information of importance in connection with the grant application or

2) uses subsidies in violation of the terms of the grant application.

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

§ 15. The notice shall enter into force on 17 December. December 2008.
The Danish Energy Authority, the 12. December 2008 Ib Larsen/Flemming g. Nielsen