Chapter 1 Preliminary provisions
Chapter 2 The development of transmission networks, etc.
Chapter 3 Powers of the climate and energy minister
Chapter 4 Governance and stakeholder forum
Chapter 5 Finance and accounting conditions
Chapter 6 Notification and registration
Chapter 7 Publicity
Chapter 8 Supervision, redress, etc.
Chapter 9 Responsibility and penalty of liability
Chapter 10 The entry into force, etc.
Chapter 11 Provisioning provisions
Publication of Energinet.dk 1)
This shall be the subject of the law. 1384 of 20. In December 2004 on Energinet.dk, with the changes resulting from paragraph 4 of Act No 520 of the seventh. June 2006, section 6 of law no. 548 of 6. June 2007, section 4 of law no. 503 of 17. June 2008 and Section 79 of Law No 1392 of 27. December 2008.
§ 1. The climate and energy minister can create Energinet.dk as a self-employed public company.
Paragraph 2. The overall infrastructure in the electricity and gas sector, which is carried out by Energinet.dk, must remain in public ownership.
Paragraph 3. The climate and energy minister can change Energinet.dk's name.
§ 1 a. The climate and energy minister shall lay down rules or rules to implement or apply international conventions and EU rules relating to conditions covered by this law, including regulations, directives and decisions on : nature conservation of the territorial waters of the sea territory and in the exclusive economic zone.
§ 2. Energinet.dk's purpose is to ensure the effective operation and development of the general infrastructure in the field of electricity and gas and to ensure open and equal access for all users of the networks.
Paragraph 2. Energinet.dk is performing in accordance with the rules of this Act and in accordance with the rules of law on power supplies, the promotion of renewable energy and the law of natural gas supply and in the context of a coherent and comprehensive planning system responsible business and transmission and gas transmission operations. In addition, Energinet.dk will carry out administrative tasks relating to the environment-friendly electricity, pursuant to the law on electricity supply and the promotion of renewable energy. Energinet.dk can also handle the gas distribution, gas supply and gas flow-pipe business.
Paragraph 3. Energinet.dk can create subsidiaries, owning ownership shares in other companies with limited responsibilities, and conclude cooperation agreements and similar. in the course of his business.
Paragraph 4. Activities that are outside the provisions of paragraph 1. In accordance with this law, law on electricity supply, the law on the promotion of renewable energy for the law on natural gas supply or the law on electricity production, it must be carried out in independent companies with limited liability.
§ 3. Energinet.dk performs the purchasing duty of the State pursuant to section 35 of the electricity supply law and section 34 of the law on natural gas.
The development of transmission networks, etc.
§ 4. Establishment of new transmission networks and significant changes in existing networks may be achieved if there is an adequate need for the building, including the development of the expansion of security of supply, emergency services, the creation of : well-functioning competitive markets or the recovery of renewable energy, or if the project is required to comply with the provisions laid down in paragraph 1. 6.
Paragraph 2. Developing in accordance with paragraph 1. 1 the first place must be clarified in a plan which, at the same time, outlines the future needs of transmission capacity. The plan must be submitted to the climate and energy minister before building in accordance with paragraph 1. 1 may commence. Extente may not commence at least six weeks after the submission of the plan.
Paragraph 3. The climate and energy minister can determine that the structure of the building in accordance with paragraph 1 shall be that : 1 requires the approval of the climate and energy minister.
Paragraph 4. The climate and energy minister may be able to approve in the approval of paragraph 1. 3 establishing conditions for the building, including concerning the disposal or reorganisation of facilities.
Paragraph 5. The climate and energy minister can determine that Energinet.dk is obligated to cover the additional costs incurred by other electricity transmission and network companies after they post on the electricity supply of cable liabilities and sanctions in the Connecting with Energinet.dks setting up 400 KV power transmission networks. The climate and energy minister may lay down detailed rules on this subject.
Paragraph 6. The climate and energy minister can instructor Energinet.dk to build, build and operate power transmissions, and sea-wire facilities for the supply of electricity supply in the smaller islands.
Paragraph 7. Paragy.5 and 6 shall not apply to conditions covered by Article 7 of Regulation (EC) No 2 of the European Parliament and of the Council. 1228/2003 of 26. June 2003 laying down the conditions for access to the network in connection with cross-border electricity exchanges.
Paragraph 8. Paraguations 1 to 4 shall apply by analogy to the establishment of new gas flow-circuits and substantial changes in the existing gas flow pipeline network.
§ 4 a. Establishment of new power lines referred to in section 4 of the sea territory and in the exclusive economic zone as well as significant changes to analogous existing networks can only be done after prior approval by the climate and energy minister.
Paragraph 2. The approval may be conditional on conditions, including the location, location and disposal of installations and technical, environmental and safety conditions in the context of establishment and operation.
§ 4 b. In order to avoid prejudice to the integrity of the designated international nature protection area, plant projects in accordance with section 4 a, which in itself or in relation to other projects or plans may significantly affect such areas, shall be assessed by : consideration of their effects on the premises of the conservation objectives of this measure.
Paragraph 2. Authorisation of the projects referred to in paragraph 1. 1 may be given only after consultation of the parties concerned, and where :
1) such projects do not damage the integrity of an international nature protection area ;
2) essential social interests, including of social or economic nature, make it imperative to implement the project, because there is no alternative solution, cf. however, paragraph 1 4.
Paragraph 3. When authorization is granted in accordance with paragraph 1 2, no. 2, the climate and energy minister shall take appropriate compensatory measures. Costs of such measures shall be covered by the Projected Projector. The climate and energy minister will report to the European Commission what compensatory measures are being taken.
Paragraph 4. In the case of an international nature protection area with a priority type of nature or a priority, it may be granted only in accordance with section 4 a to projects covered by paragraph 1. 2, no. 2, if :
1) this is necessary in the interests of public health, public safety or the achievement of significant beneficial effects on the environment ; or
2) other important social interests make the implementation imperative.
Paragraph 5. Authorisation pursuant to paragraph 1. 4, no. The first of all, after the European Commission, can only be obtained from the Commission.
Paragraph 6. The Minister may lay down detailed rules for the evaluation of projects in accordance with paragraph 1. 1 and may, in accordance with this provision, make provision, including compensatory measures intended for the protection of the protection areas.
§ 4 c. The climate and energy minister shall take the appropriate measures, including by laying down the conditions or the notification of injunction or prohibitions, in order to avoid the deterioration of natural habitats and habitats of species in international protection of nature ; disturbces of the species designated for which such disturbances have significant consequences for the objectives of Council Directive 92 /43/EEC of 21. May 1992 on the conservation of natural habitats and wild fauna and flora (Habitats Directive).
Powers of the climate and energy minister
§ 5. The climate and energy minister can decide on any relationship with regard to Energinet.dk.
Paragraph 2. The climate and energy minister is setting up a statute for Energinet.dk.
Paragraph 3. The climate and energy minister shall exercise its powers in accordance with this provision to Energinet.dk by written messages to the governing board.
Governance and stakeholder forum
§ 6. Energinet.dk is led by a board of 11 members.
Paragraph 2. The climate and energy minister will appoint eight board members, including the chairman of the board.
Paragraph 3. The Management Board must have overall general business and management skills, as well as insight into electricity, gas and heating and in consumer and social conditions. The members of the governing board shall be independent of commercial interests in the electricity and gas sector of production and gas.
Paragraph 4. Board members in accordance with paragraph 1. 2 shall be designated for a period of 2 years, cf. however, paragraph 1 6.
Paragraph 5. The members of Energinet.dk and subsidiaries select 3 members for the management board, including 1 group representative, according to similar rules as in the company law, cf. However, section 27.
Paragraph 6. The climate and energy minister can re-appoint board members and may at any time dispose of the board members appointed by the minister.
§ 7. The management of the day-to-day administration shall be carried out by a management board, which is assumed by the management board after the prior orientation of the climate and energy minister.
§ 8. The climate and energy minister will appoint an advisory stakeholder forum.
Paragraph 2. The Interested Forum must represent a wide range of stakeholders in Energinet.dk's company.
Paragraph 3. The Interested Interested Forum shall meet at least once a year.
Paragraph 4. In order to support the operation of Energinet.dk, the Interested Forum must provide statements to the management of Energinet.dk on the overall strategies and plans of the company.
Finance and accounting conditions
§ 9. Energinet.dk's fortune is kept separate from the state's fortune.
§ 10. Energinet.dk is not part of the governmental agreement and contract system, but can even negotiate salary and employment conditions for its staff, including collective bargaining.
Paragraph 2. The applicable employment conditions to date shall be continued in accordance with the rules applicable to the law on the transferability of employees in the case of transfers of workers. The 3-week period in section 4 (a) (3) (a), 1, on the basis of the law on the legal position of the employee concerned in relation to a transferee ' s ability to communicate that this does not wish to enter into an existing agreement, the decisions taken by the respective companies have constituted a constituent ; Say it.
§ 11. The limited liability rules in the annual accounting law relating to the preparation and submission of annual reports, including the provisions applicable to governmental limited liability companies, shall apply to Energinet.dk, with the changes resulting from this law.
Paragraph 2. The annual report of Energinet.dk shall be reviewed by the Accountancy Accountants by the Accounting Act and, after the review of the accounts of the government,
Paragraph 3. The revised annual report will be presented to the climate and energy minister for approval.
§ 12. Energinet.dk and the company's health-owned subsidiaries must in their internal accounting management to avoid discrimination, cross-subsidisation and distortion of competition ;
1) keep separate accounts for each of their electricity-related and natural gas-related activities, including the operation of the system-responsible undertaking, transmission, distribution, storage and gas-gas-flow-pipe business.
2) specify revenue from the ownership of the transmission and distribution networks and the storage facilities and gas flow-circuits.
Paragraph 2. For the provisions of paragraph 1. 1 mentioned activities, Energinet.dk and the undertaking ' s health-owned subsidiaries shall keep accounts and keep these audits in the same way as if the activities concerned were carried out by separate companies. Assets for which entry values are used according to section 35 O, as well as the revenue and expenditure associated with ownership of these assets shall be subject to the use of the separate accounts of Energinet.dks in separate accounts. Electricity-related activities.
Paragraph 3. The climate and energy minister may lay down detailed rules on accounting in accordance with paragraph 1. One and two.
§ 13. Energinet.dk's surplus, according to the section 12, paragraph 1. 1. The accounts of the company ' s electricity supply and natural gas-related activities may be returned to the respective consumer groups as divisive or used for consolidation. Survists from storage operations may be used solely for consolidation, cf. however, paragraph 1 4.
Paragraph 2. The climate and energy minister may lay down detailed rules on the manner in which the return of profit to the consumer shall be returned to the consumer. 1 may be carried out.
Paragraph 3. Energinet.dk cannot extract surpluses or own funds by profit-out or otherwise to the state.
Paragraph 4. The climate and energy minister may, after the presentation of one of the Parliamentary Committee set up, lay down specific rules for the use of stock profits.
§ 14. Energinet.dk can take up loans for the processing of its business, including the financing of fixed investments, and for the purchase of the purchasing duty after Section 3. The loan shall be entered on the basis of an annual investment and financing plan approved by the climate and energy minister.
Paragraph 2. The Finance Minister shall be authorised to the extent that it is deemed appropriate to cover the needs of the company ' s financing requirements in accordance with paragraph 1. One by means of state loans. Such loans shall not be granted under better conditions than those for which the State itself may be granted a borrower. The loans will be recorded within a framework to be determined by the climate and energy minister, following approval by the European Parliament's Committee on Finance.
§ 15. Energinet.dk and the company's health-owned subsidiaries must draw the necessary insurance undertakings to companies.
Notification and registration
§ 16. Energinet.dk must be reported and registered in the Corporate and Corporate Management Board, in accordance with the rules laid down in Chapter 19 of the law on liability companies. The notification, registration, fee and publication of the Enterprise and Corporate Management Board shall apply to Energinet.dk as well as publication and the publication of the Committee of Acquidials and the disclosure of the Enterprise and the Enterprise.
§ 17. Law on the administration, administrative law and the law of the European Parliament's Ombudsman are applicable to Energinet.dk and the company's health-owned subsidiaries.
§ 18. Energinet.dk must immediately give electronic message to the Corporate and Corporate Management Board on all essential matters pertaining to the business and which can be considered to be relevant to the company's future, employees and creditors.
§ 19. Decisions taken by the climate and energy minister in accordance with section 5 (5). 1, shall be submitted to the Corporate and Corporate Management Board for publication purposes.
Paragraph 2. Anyone who requests to do so will be able to deliver a copy of the company ' s statutes at the headquarters of Energinet.dk.
Supervision, redress, etc.
20. The climate and energy minister is monitoring that Energinet.dk and the company's health-owned subsidiaries comply with the provisions of that law.
Paragraph 2. Energinet.dk and the company-owned subsidiaries must, at the request of the company, make available to the climate and energy minister any information available to them.
§ 21. The climate and energy minister may empower a Ministry of Institution, or other authority, to exercise the powers granted to the minister in this law.
Paragraph 2. The climate and energy minister may lay down rules that decisions taken by an institution or other authority, as the Minister in accordance with paragraph 1, may be. 1 has placed its powers under the law, and must not be able to be taken to the minister.
§ 22. Decisions taken by the climate and energy minister pursuant to Article 4 (4). As far as the transmission network is concerned, the Energy Board shall be subject to the Energy Clause in accordance with the rules of section 89 and 91 of the electricity supply and, in the case of the gas transmission network, in accordance with the provisions of section 51 and 53 of the natural gas supply.
Paragraph 2. Energinet.dk's building plan after section 4, paragraph. 2, may, in cases 4 (4), Paragraph 3 shall not apply, subject to any significant and individual interest in the design plan, in accordance with the rules laid down in paragraph 1. 1.
Responsibility and penalty of liability
-23. Decisions on the setting up of lawsuits against members of the board, directors or others at the time of loss caused Energinet.dk may be taken by the management board or the climate and energy minister.
§ 24. Unless higher penalties are inflicted on other legislation, penalties shall be punished by fine members of the board, directors, valuers, and their alternates, provided that the unauthorised voices reveal their knowledge of the performance of their duties for Energinet.dk. To.
The entry into force, etc.
§ 25. The climate and energy minister shall determine the date of entry into force of the law. 2)
SECTION 26. The climate and energy minister may after taking over Eltra a.m.other, Elpower Transmission a.m..Amongst other, and Elpower System a.m.b.a., decide to merge these into a new limited company, where the shares are owned by Energinet.dk. obligations in the companies to date as a whole for the new limited liability company, and the existing companies shall be dissolved without winding-up proceedings. For the merger, the section 6 a-6 c and section 134-134 shall apply mutatis muted to the amendments resulting from the nature of this law and the nature of the companies.
Paragraph 2. The Treasurer may decide to hand over the shares in Gastra A/S to Energinet.dk.
Paragraph 3. The climate and energy minister may decide that parts of the products referred to in paragraph 1 shall be made. 1 the assets and liabilities of the cooperative undertakings and parts of Gastra A/S ' assets and liabilities shall be transferred to Energinet.dk ; for spelling, the section 136-136 of this Act shall apply mutatis muted to the changes resulting from this law and the companies ; character.
Paragraph 4. The creation of Energinet.dk, the merger in accordance with paragraph 1. 1, the transfer of shares in accordance with paragraph 1. 2 and split in accordance with paragraph 1. 3 may be carried out with the accounting and fiscal effect of the 1. January 2005.
Paragraph 5. By merger in accordance with paragraph 1 1 shall apply mutatis mums to the provisions of section 5 to 8 equivalent to the changes resulting from the nature of this law and the nature of the undertakings.
Paragraph 6. Disfission in accordance with paragraph 1. 3 shall apply the provisions of section 15 (a) of the Merger Tax Code. 3, section 15 (b) corresponding to the changes resulting from the nature of this law and the nature of the undertakings.
§ 27. (Excluded)
§ 28. The law shall apply to land and sea territory, in the exclusive economic zone and in Danish continental socket.
§ 29. The law does not apply to the Faroe Islands and Greenland.
The timing of the entry into force of the law shall be determined by the climate and energy minister, cf. however, paragraph 1 2. The minister can fix the entry into force of parts of the law before other parts of the law.
Strike, 2-6. (Excluded)
Law No 548 of 6. June 2007 amending the use of Denmark's underland, law on the electricity supply, the law of coastal protection, the law of ports and various other laws ; 4) where section 6 relates to the Footnote Footnote and § § § (a, 4 (b) and (4) c, section 1, 4 (b) and (4), contain the following entry into force :
Paragraph 2. (Excluded)
Law No 1392 of 27. In December 2008, the promotion of renewable energy, if section 79 pertains to the Energy Act on Energinet.dk and includes the following entry into force :
Paragraph 2. (Excluded)
Paragraph 3. (Excluded)
1) The law provides for the implementation of parts of Directive 2005 /89/EC of the European Parliament and of the Council of 18. January 2006, 2006 Official Journal of the European Union. Council Directive No 33, page 22, of the European Parliament and of the Council. 2003 /54/EC of 26. June 2003, (EU Official Journal of 2003) No In 176, page 37, the directive of the European Parliament and of the Council no. 2003 /55/EC of 26. June 2003 (EU Official Journal of 2003) No In 176, page 57), parts of Council Directive 92 /43/EEC of 21. 'May 1992,' (EC Official Journal) No Regulation (EC) No 206 (L 206, page 7), as amended by the Regulation of the European Parliament and of the Council, 1882/2003 of 29. September 2003, (EU Official Journal 2003) L 284, page 1), and parts of Council Directive 79 /409/EEC of 2. April 1979, (EC Official Journal, 1979) L103, page 1, as last amended by Council Regulation (EC) No 2, 807/2003 of 14. April 2003, (EU Official Journal 2003) No L 122, page 36).
2) In accordance with the notice, no. 1483 of 23. In December 2004, the law entered into force on 1. January 2005.
3) The law of the law, which shall be used in accordance with the notice of publication. 531 of 8. June 2006 entered into force on 15. In June 2006, Energinet changes Denmark's name to Energinet.dk and introduces provisions for the establishment of new electricity networks in the sea territory and in the exclusive economic zone.
4) The law is the law that came into force on the seventh. In June 2007, parts of the Council Directive on the conservation of natural habitats and wild fauna and flora (Habats Directive) and parts of the Council Directive on the protection of wild birds (the bird protection directive).