Notice Of A Charge For Electricity Generated By Renewable Energy Installations Other Than Wind Turbines

Original Language Title: Bekendtgørelse om pristillæg til elektricitet produceret af andre vedvarende energianlæg end vindmøller

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=126007

Overview (table of contents) Chapter 1 scope and definitions

Chapter 2 price addition to VE-electricity from power generation equipment as mentioned in sections 47 and 48 of the law on the promotion of renewable energy

Chapter 3 exemption from charge, reduction of charge

Chapter 4 changing the charge after modification of installations covered by sections 47 and 48 of the law on the promotion of renewable energy

Chapter 5 charge for electricity produced in mixed plant by biogas, etc. as mentioned in section 44 of the Act on the promotion of renewable energy

Chapter 6 opting out of charge

Chapter 7 miscellaneous provisions

Chapter 8 Decisions and appeals

Chapter 9 penalties

Chapter 10 coming into force, etc. the full text notice on a charge for electricity generated by renewable energy installations other than wind turbines

Under section 47, paragraph 4, article 48, paragraph 4, article 50, paragraphs 2 and 5, § 53, § 57, § 61, § 68, section 70 and section 73 of Act No. 1392 by 27. December 2008 on the promotion of renewable energy and section 85 (a) of the law on electricity regulation. lovbekendtgørelse nr. 1115 of 8. November 2006, as amended by Act No. 549 of 6. June 2007 and Act No. 1392 by 27. December 2008, shall be based on:

Chapter 1

Scope and definitions

§ 1. This notice concerns the charge after §§ 44-48 of the law on the promotion of renewable energy to electricity produced by renewable energy sources other than wind energy, including biogas, biomass, hydro, wave power and solar cells.

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





1) Mixed installations: power generation equipment, which is designed for use by one or more renewable energy sources, together with other fuels.

2) power generation equipment: technical unit for electricity production with own production monitor.

3) Commissioning with the use of renewable energy sources: the time when a power generation equipment, which only uses one or more renewable energy sources, will be connected to the grid, or where the use of renewable energy sources begins in a mixed installations.





Chapter 2

Price addition to VE-electricity from power generation equipment as mentioned in sections 47 and 48 of the law on the promotion of renewable energy

§ 3. Energinet.dk shall decide on the charge under section 47, paragraph 3, nr. 1, or section 48, paragraph 3, nr. 1 of the law on the promotion of renewable energy sources to the electricity produced at the plant, which for the first time is in operation with the use of renewable energy sources in the 22. April 2004 or later, and which are mentioned in paragraphs 2 and 3.

(2). Charge given to electricity from





1) wave power plant and other similar installations for the harnessing of streams in the sea,

2) solar power plant except for the installations listed in article 4 and

3) fuel cells, using renewable energy, except for establishments using biogas, etc. or biomass as mentioned in § § 44-46. Price surcharges is subject to the condition that the plant has a power and heat efficiency of at least 70 per cent of the amount of energy or at least 20% of the added energy, if the plant is only electricity-generating.





(3). Charge is given in addition to the electricity produced at other plants than those referred to in paragraph 2, except for establishments using biogas, etc. or biomass as mentioned in § § 44-46 or hydropower in streams, on condition that the plant





1) uses technologies or energy sources, which are assessed to have a significant impact for the future dissemination of VE-electricity and

2) is assessed to be suitable for delivering electricity at regular operation in a reasonable period of time.





Chapter 3

Exemption from the surcharge, reduction of charge

§ 4. No charge as mentioned in section 3, paragraph 2, to the electricity produced on photovoltaic plant with an installed capacity exceeding 6 kW per household, which is connected to the electrical installation work in dwellings or other non commercial used areas, and which is exempt from tax according to law on married of electricity electricity.

§ 5. Charge for electricity produced by hydropower, see. sections 47 and 48 of the law on renewable energy, a maximum of us $ 1,500,000 per year.

Chapter 4

Modification of charge after modification of installations covered by sections 47 and 48 of the law on the promotion of renewable energy

§ 6. Energinet.dk takes a decision as referred to in point 1. 1 or 2 on the modification of the charge for electricity from a power generation equipment as referred to in section 47, paragraph 2, or section 48, paragraph 2, of the law on the promotion of renewable energy:





1) if the installed eleffekt in a plant, as only using renewable energy sources, increase the 1. February 2007 or later with at least 50 per cent due to replacements or significant alterations of the plant, the charge for the electricity referred to in section 47, paragraph 3.

2) if the capacity to utilize renewable energy sources in a mixed installations increase the 1. February 2007 or later with at least 50 per cent due to replacements or significant alterations of the site, given that surcharges to VE-electricity as referred to in article 48, paragraph 3.





(2). Charge as mentioned in section 47, paragraph 3, or section 48, paragraph 3, shall take effect from the entry into operation of fixed change.

(3). Also must notify about fixed changes as referred to in paragraph 1 to Energinet.dk no later than the last day of the month prior to the entry into operation of the modified plants. Notification must be submitted on the form referred to in section 7, paragraph 4.

§ 7 . Decision as referred to in section 6 (1). 1, taken on the basis of the information in the master data register for power generation equipment. If requested to do so, or Energinet.dk also estimates that this eleffekt is not correctly determined the effect, however, on the basis of the maximum measured power generation in an hour.

(2). Determining whether the capacity to utilize renewable energy sources has increased as mentioned in § 6 (1). 2, taken on the basis of an assessment of whether the use of these energy sources on an annual basis can be increased by at least 50 per cent compared to the last year before the change.

(3). By decisions referred to in paragraphs 1 and 2 shall be laid down the production capacity with an interval of 0.1 MW.

(4). Energinet.dk draws up notification form for changes as referred to in article 6, paragraph 3, with accompanying instructions in filling. Form and instructions will be published on the website www.energinet.dk.

Chapter 5

Charge for electricity produced in mixed plant by biogas, etc. as mentioned in section 44 of the Act on the promotion of renewable energy

§ 8. Energinet.dk shall decide on the charge as mentioned in nr. 1 and 2 for the electricity produced by the use of biogas, forgasningsgas produced by biomass, stirling engines and other special power generation equipment with biomass as an energy source, see. section 44 (1) of the Act on the promotion of renewable energy:





1) given charge according to article 44, paragraph 3, for the proportion of electricity produced by biogas, etc., when the calorific value of biogas, etc. on an annual basis is 94 per cent or less of the total calorific value in the fuels in elproduktionsanlægget.

2) given charge according to article 44, paragraph 2, to the entire power generation when the calorific value of biogas, etc. on an annual basis exceeds 94 per cent of the total calorific value in the fuels in the plant.





(2). Energinet.dk shall take a decision on the granting of yearly price allowances in accordance with paragraph 1. The decision has effect for that calendar year and shall be taken on the basis of the proportion of the calorific value of the waste from biogas in the previous calendar year, calculated to one decimal place of a percent.

(3). If Energinet.dk finds the basis for doing so, the company may at the request of the owner change its decision on the fixed payment of surcharge with effect for that calendar year.

(4). If a calculation referred to in paragraph 1 demonstrates that the conditions for the payment of surcharges is not met, rectifies Energinet.dk relationship. If there continue to be granted Pristillæg in the following year, netted it overpaid in payments of surcharges in this year.

Chapter 6 opting out of charge

§ 9. A producer may, by notification to opt out of the receipt of the charge after Energinet.dk § § 44-48 of the law on the promotion of renewable energy.

(2). Also may, by notification to the Energinet.dk resume receipt of those surcharges, no sooner than 3 months after the date on which fravalget has effect.

(3). Opting out and resumption shall take effect from the first day of a month and with prior notice of at least one month. Notification must be submitted on the form referred to in paragraph 6.

(4). The period in which the charge is deselected, included in the prescribed periods of receipt of the charge pursuant to sections 47 and 48 of the law on the promotion of renewable energy.

(5). Necessary administrative costs of opt-outs and resumption, which shall be borne by the concerned networks or transmission company and Energinet.dk, paid by also on the basis of the statement of these costs.

(6). Energinet.dk draws up notification form for opt-outs and resumption as referred to in paragraph 3 with accompanying guidance in completing. Form and instructions will be published on the website www.energinet.dk.

Chapter 7

Various provisions


§ 10. A producer who receives the charge after §§ 44-48 of the law on the promotion of renewable energy, to inform the Energinet.dk on all matters of importance to the merits of receiving surcharges and the determination of the size and duration of the surcharge. The notification should occur as soon as the relevant facts occurred, or from the date on which also have been aware that the relationship will occur.

Chapter 8

Decisions and appeals

§ 11. Energinet.dk shall decide on





1) eligibility to receive price supplements according to sections 44 to 48 of the law on the promotion of renewable energy and sections 3-8 of this order,

2) opting out of the charge under section 9 and

3) size and duration of the charge for electricity generation in nr. 1 provisions referred to.





(2). UREnerginet.dks decisions as referred to in paragraph 1, no. 1, an appeal may be lodged to the Danish Energy Agency.

(3). UREnerginet.dks decisions as referred to in paragraph 1, no. 2 and 3, an appeal may be lodged to the Danish energy regulatory authority.

§ 12. The Danish Energy Agency decision of complaints about the conditions as referred to in section 11, paragraph 2, may be brought before the Energy complaints. The decisions cannot be appealed to the climate and Energy Minister.

(2). The Danish Energy Agency decisions of complaints about the conditions as referred to in section 3, paragraph 3, may not, however, be appealed to another administrative authority.

§ 13. Energy supervisory decisions of complaints over conditions as mentioned in section 11 (3), an appeal may be lodged to the Energy complaints.

§ 14. Complaint as mentioned in section 11 (2) and (3), article 12, paragraph 1, and section 13 shall be submitted in writing no later than 4 weeks after the decision is announced.

Chapter 9

Criminal provisions

§ 15. With less higher penalty is inflicted for other legislation, is punishable by a fine, providing false information about the circumstances of which he or she is required to provide information in accordance with sections 3 to 10 of this notice, or fail to submit such information.

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

Chapter 10

Entry into force, etc.

§ 16. The notice shall enter into force on the 15. July 2009.

(2). At the same time repealed Executive Order No. 1364 of 15. December 2004 on the charge for electricity generated by renewable energy installations other than wind turbines.
The Danish Energy Authority, the 9. July 2009 Hans Jørgen Koch/Hanne Windemuller