Ordinance To The Law On Energinet.dk

Original Language Title: Bekendtgørelse af lov om Energinet.dk

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=124121

Overview (table of contents) Chapter 1 preliminary provisions

Chapter 2 extension of transmission networks, etc.

Chapter 3 climate and Energy Minister's powers

Chapter 4-management and stakeholder forum

Chapter 5 Economic and accounting matters

Chapter 6 Review and registration

Chapter 7 Public

Chapter 8 Supervision, judicial remedies, etc.

Chapter 9 liability and penalty

Chapter 10 entry into force, etc.

Chapter 11 provisions Amending The Ordinance to the law on full text Energinet.dk 1)

Hereby promulgated Act No. 1384 of 20. December 2004 on Energinet.dk with the changes imposed by section 4 of Act No. 520 of 7. June 2006, § 6 of the law No. 548 of 6. June 2007, § 4 of the lov nr. 503 of 17. June 2008 and section 79 of the Act No. 1392 by 27. December 2008.

Chapter 1

Introductory provisions

§ 1. Climate and energy can create Energinet.dk as an independent public company.

(2). The overall infrastructure of electricity and gas, which is carried out by Energinet.dk, must remain in the public domain.

(3). Climate and energy can change the UREnerginet.dks name.

section 1 a. Climate-and Energy Minister lays down rules or provisions shall take in order to implement or apply international conventions and EU rules on matters covered by this law, including regulations, directives and decisions on nature protection on territorial waters and the exclusive economic zone.

§ 2. UREnerginet.dks's purpose is to ensure the effective operation and development of the overall infrastructure of electricity and gas and to ensure open and fair access for all users of the networks.

(2). Energinet.dk carries out according to the rules laid down in this law and in accordance with the rules of the law on energy, law on the promotion of renewable energy and the law on natural gas supply and on the basis of a coherent and holistic planning system responsible business and the electricity transmission and gas transmission company. In addition, carries out the Energinet.dk administrative tasks related to environmentally friendly electricity pursuant to lov om elforsyning og lov om promotion of renewable energy. Energinet.dk can also take care of gas distribution, gas storage and gasopstrømsrørledningsvirksomhed.

(3). Energinet.dk can create subsidiaries, owning shares in other companies with limited liability as well as conclude cooperation agreements and the like. in connection with the performance of its business.

(4). Activities that are outside the specified in paragraph 2, and which Energinet.dk carries out pursuant to this law, the law on energy, law on the promotion of renewable energy to act on natural gas supply or the Act on subsidies for electricity production, must be exercised in independent companies with limited liability.

§ 3. Energinet.dk carries out the State's purchase obligation under section 35 of the Act on electricity supply and § 34 of the law on natural gas supply.

Chapter 2

Development of the transmission network, and more.

§ 4. Establishment of new transmission networks and significant changes in existing networks can happen if there is a sufficient need for expansion, including to the expansion is done with the aim of increasing security of supply, beredskabsmæssige terms, creation of well functioning competitive markets or grid integration of renewable energy, or if the project is necessary to comply with the order made pursuant to paragraph 6.

(2). Development in accordance with paragraph 1 before that commencement shall be illuminated in a plan, which outlines the future needs for transmission capacity. The plan must be submitted to the climate and Energy Minister, before developing in accordance with paragraph 1 may commence. Roll-out can begin no earlier than 6 weeks after the plan's submission.

(3). Climate and Energy Minister can determine that the expansion in accordance with paragraph 1 requires approval of the climate and Energy Minister.

(4). Climate and Energy Minister may, in connection with approval in accordance with paragraph 3, fix the conditions of the deployment, including on the disposal or redevelopment of facilities.

(5). Climate and Energy Minister can determine that the Energinet.dk is required to cover the extra costs, as other power transmission-and netvirksomheder will be inflicted when the injunction after the law on electricity supply must implement cable surveys and redevelopment in connection with establishment of 400 kV electricity transmission networks UREnerginet.dks. Climate and Energy Minister may lay down detailed rules on the subject.

(6). Climate and Energy Minister can impose Energinet.dk to build, develop and operate electricity transmission facilities and sølednings facilities to perform electricity supply on smaller islands.

(7). Paragraphs 5 and 6 shall not apply to matters covered by article 7 of the European Parliament and Council Regulation (EC) No 1782/2003. 1228/2003 of 26. June 2003 on conditions for access to the network for cross-border exchanges in electricity.

(8). Paragraphs 1 to 4 shall apply mutatis mutandis to the establishment of new gasopstrømsrørledningsnet and significant changes to existing gasopstrømsrørledningsnet.

§ 4 a. establishment of new electricity grids as referred to in section 4 on the territorial sea and in the exclusive economic zone as well as significant changes in the corresponding existing networks can only be made after prior approval from climate and Energy Minister.

(2). The authorisation may be subject to conditions, including requirements for the location, decor and disposal of fixed assets as well as technical, environmental and safety conditions in connection with the establishment and operation.

section 4 (b). In order to avoid damage to the designated international nature protection territories integrity must construction projects under section 4 (a), that, by itself or in combination with other projects or plans may affect these areas significantly, assessed for their impact on the site's conservation objectives taking into account.

(2). Permission for the projects referred to in paragraph 1 may be granted only after consultation of the parties concerned, and provided that the





1) such projects does not adversely affect an international nature conservation area's integrity or

2) overriding public interest, including by social or economic nature, makes it imperative to implement the project, because there is no alternative solution, see. However, paragraph 4.





(3). When the authorisation granted in accordance with paragraph 2, nr. 2 climate and Energy Minister, take appropriate compensatory measures. The costs of such measures is covered by the applicant. Climate and Energy Minister shall report to the European Commission, which compensatory measures taken.

(4). In the case of an international nature protection area with a priority natural habitat type or priority species, there may only be authorized pursuant to section 4 (a) for projects covered by paragraph 2, nr. 2, if





1) this is necessary in the interests of human health, public safety or the achievement of significant beneficial effects on the environment or

2) other overriding public interests makes the implementation imperative.





(5). Authorisation in accordance with paragraph 4, no. 2, can only be done after consultation of the European Commission.

(6). The Minister may lay down detailed rules for the assessment of projects under paragraph 1 and may, in accordance with this provision permits quiet conditions, including those relating to compensatory measures for the protection of nature conservation areas.

clause 4 (c). Climate and Energy Minister shall take appropriate measures, including by establishing conditions or granting of an injunction, in order to avoid the deterioration of natural habitats and habitats of species in international nature conservation areas as well as disturbance of the species for which the areas have been designated for, if these disorders have significant implications for the objectives of Council Directive 92/43/EEC of 21 December 1988. May 1992 on the conservation of natural habitats and of wild fauna and Flora (the habitats directive).

Chapter 3

Climate and Energy Minister's powers

§ 5. Climate and Energy Minister can decide on any matter related to UREnerginet.dks Affairs.

(2). Climate and Energy Minister establishes a statute for Energinet.dk.

(3). Climate and energy exercises its powers in accordance with this provision against Energinet.dk by written communications addressed to the Board of Directors.

Chapter 4

Management and stakeholder forum

§ 6. Energinet.dk is headed by a Board of 11 members.

(2). Climate and Energy Minister appoints 8 members of the Board of Directors, including the Chairman of the Board of Directors.

(3). The Board must be assembled for general business and managerial skills, as well as insight into electricity, gas and heat supply and in the consumer and society. Board members should be independent of commercial interests in production and trading companies on electricity and gas.

(4). Members of the Board of Directors in accordance with paragraph 2 shall be appointed for a period of 2 years referred to in article 6. However, paragraph 6.

(5). The employees of Energinet.dk and affiliates choose 3 members to the Board of Directors, including 1 corporate representative, after similar rules as in the Danish public companies Act, cf. However, section 27.

(6). Climate and Energy Minister may reappoint Board members and may at any time dismiss the Minister designated by the members of the Board of Directors.

§ 7. The day-to-day management is carried out by an Executive Board, which is appointed by the Board upon prior orientation of the climate and Energy Minister.

§ 8. Climate and Energy Minister shall appoint an advisory stakeholder forum.


(2). Multistakeholder Forum should represent a broad cross-section of stakeholders in UREnerginet.dks company.

(3). Stakeholder Forum shall meet at least once a year.

(4). Stakeholder Forum shall, in order to support the operation of the Energinet.dk deliver opinions to the leadership of Energinet.dk about the company's overall strategies and plans.

Chapter 5

Economics and accounting matters

§ 9. UREnerginet.dks assets are kept separate from the State's assets.

§ 10. Energinet.dk is not included in the governmental agreement and contract system, but can even negotiate wages and conditions of employment for its staff, including concluding collective agreements.

(2). The existing conditions of employment continued in accordance with the rules of the law on the legal status of workers by mergers and acquisitions. Period of 3 weeks in clause 4 (a), paragraph 1, of the law on the legal status of workers by mergers and acquisitions relating to an acquirer an opportunity to announce that it does not want to enter into a collective agreement in force, shall be counted from the day on the boards of the respective companies have constituted themselves.

§ 11. The rules applicable to public limited-liability companies in the Danish financial statements Act for the preparation and submission of annual report, etc., including the provisions governing governmental corporations shall apply for Energinet.dk with the changes brought about by this law.

(2). UREnerginet.dks annual report is audited by the Auditor General in accordance with the Danish financial statements Act and in accordance with the law on the revision of the State's accounts, etc.

(3). The audited annual report is submitted to the climate and the Energy Minister for approval.

§ 12. Energinet.dk and the company's wholly-owned subsidiaries shall, in their internal accounting, with a view to avoiding discrimination, cross-subsidisation and distortion of competition





1) keep separate accounts for each of their electricity-related and natural gas related activities, including operation of the system of responsible business, transmission, distribution, storage and gas-opstrømsrørledningsvirksomhed.

2) specify income from ownership of the transmission and distribution networks and storage facilities and gasopstrømsrørledningsnet.





(2). For the activities referred to in paragraph 1 shall be Energinet.dk and the company's wholly-owned subsidiaries keep accounts and let these review in the same manner as if the activities in question were carried out by separate undertakings. Assets for which used input values after Corporation Tax Act section 35 O, as well as income and expenses associated with ownership of these assets is included regardless of asset use in the separate accounts for UREnerginet.dks electricity-related activities.

(3). Climate and Energy Minister may lay down detailed rules on accounting, in accordance with paragraphs 1 and 2.

§ 13. UREnerginet.dks profits according to the article 12, paragraph 1, referred to accounts for the company's electricity and natural gas related activities can be returned to the respective consumer groups such as dividends or used for consolidation. Profits from stock company can only be used for the consolidation of the basic regulation. However, paragraph 4.

(2). Climate and Energy Minister may lay down detailed rules on how the reversal of the profit to the consumer in accordance with paragraph 1 may take place.

(3). Energinet.dk may not distribute profits or equity by dividend distribution or otherwise to the State.

(4). Climate and Energy Minister may upon presentation of one of the Danish Parliament established committees establish specific rules concerning the use of profits from stock company.

§ 14. Energinet.dk can take out loans for accomplishing its business, including the financing of capital investments as well as to perform the obligation under section 3 of the buyer. Loans are recorded on the basis of an annual investment and financing plan, approved by the climate and Energy Minister.

(2). The Finance Minister is hereby authorized, to the extent considered appropriate, to cover the company's funding requirements in accordance with paragraph 1 through government loans. Such loans may not be granted on better terms than those which the State itself can achieve as a borrower. Loans are recorded within a framework determined by climate and Energy Minister, with the approval of the Folketing Finance Committee.

§ 15. Energinet.dk and the company's wholly-owned subsidiaries must take out the appropriate insurance for businesses.

Chapter 6

Notification and registration

§ 16. Energinet.dk must be reported and recorded in the Danish Commerce and companies Agency in accordance with the rules set out in chapter 19 of the law on joint stock companies. The Danish Commerce and companies agency Ordinance on notification, registration fee and publication etc. in the Danish Commerce and companies agency applies to Energinet.dk.

Chapter 7

Public

§ 17. Law on open Government, administration and law about stabiblity applies to Energinet.dk and the company's wholly-owned subsidiaries.

§ 18. Energinet.dk must immediately provide electronic message to the Danish Commerce and companies Agency of any significant matters relating to the company, and which is liable to have an impact on the company's future, employees and vendors.

§ 19. Decisions made by the climate and Energy Minister under section 5, paragraph 1, are submitted to the Danish Commerce and companies Agency for publication.

(2). Any applicant, at UREnerginet.dks head office can obtain a copy of the company's articles of Association.

Chapter 8

Supervision, judicial remedies, etc.

§ 20. Climate and Energy Minister oversees, to Energinet.dk and the company's wholly-owned subsidiaries comply with the provisions of this law.

(2). Energinet.dk and the company's wholly-owned subsidiaries shall, upon request, provide any information relating to its activities available to the climate and Energy Minister.

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

(2). Climate and Energy Minister may lay down rules to the effect that the decisions of an institution or other authority as the Secretary of State pursuant to paragraph 1 has terminated its powers according to the law, not to be able to be brought before the Minister.

§ 22. Decisions of the climate and Energy Minister under section 4, paragraphs 3-5, may, in respect of electricity transmission networks, subject to appeal to the complaints board Energy according to the rules laid down in sections 89 and 91 of the law on the electricity supply and, in the case of transmission networks, according to the rules in sections 51 and 53 of the law on natural gas supply.

(2). UREnerginet.dks development plan under section 4, paragraph 2, may, in the case of section 4, paragraph 3, does not apply, be appealed by anyone with a substantial and individual interest in the roll-out plan in accordance with the rules referred to in paragraph 1.

Chapter 9

Liability and penalty

§ 23. Resolution on the construction of legal proceedings against officers, directors or other on the occasion of the loss suffered by the Energinet.dk can be taken by the Board of directors or climate and Energy Minister.

§ 24. Unless a higher penalty is inflicted for other legislation, is punishable by a fine officers, directors, appraisers, as well as alternates, if the unauthorised betrays what they learn in the course of their duties for Energinet.dk has become aware of.

Chapter 10

Entry into force, etc.

§ 25. Climate and Energy Minister shall determine the time of the entry into force of the Act. 2)

section 26. Climate and energy can, having taken over the Eltra, Elkraft a.m.b.a. and Elkraft a.m.b.a. Transmission System a.m.b.a. decide to merge these into a new limited company, where the shares are owned by Energinet.dk. The merger surpasses the assets and liabilities of the existing companies as a whole to the new Corporation, and the existing companies are dissolved without liquidation. For the merger, see the Danish public companies Act § § 6 a-6 c and § § 134-134 in analogy with the changes brought about by this law and their character.

(2). The Minister of finance may decide to transfer the shares of Gastra a/s to Energinet.dk.

(3). Climate and Energy Minister may decide that the parts referred to in paragraph 1, the cooperatives and parts of Gastra a/s ' assets and liabilities by fission is transferred to Energinet.dk. For the Division, see the Danish public companies act § § 136-136 in analogy with the changes brought about by this law and their character.

(4). The creation of Energinet.dk, the concentration referred to in paragraph 1, the transfer of shares under paragraph 2 and Division in accordance with paragraph 3 may be done with accounting and fiscal effect from the 1. January 2005.

(5). In the case of a merger referred to in paragraph 1, the provisions of the Tax Act §§ 5-8 by analogy with the changes brought about by this law and their character.

(6). By the Division in accordance with paragraph 3, the provisions of the merger Tax Act § 15 a, paragraph 3, and paragraph 15 (b) by analogy with the changes brought about by this law and their character.

§ 27. (Omitted)

section 28. The law applies on the land and territorial waters, in the exclusive economic zone and on the Danish continental shelf.

section 29. The law does not apply to the Faroe Islands and Greenland.

Chapter 11

Amending provisions

section 30-36. (Omitted)





Act No. 520 of 7. June 2006 amending the Act on energy, law on natural gas supply, lov om varmeforsyning, lov om Energinet.dk, law on planning, law on municipal compensation and General grants to municipalities and county municipalities and the Act on carbon dioxide tax of certain energy products, 3) if section 4 concerns the law on UREnerginet.dks title, § 2, paragraph 2, section 4 (a), section 12 (1) (8). 1 and 2, and section 13, paragraphs 1 and 4, includes the following entry-into-force provision:



§ 9

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

Paragraphs 2 to 6. (Omitted)

§ 9

Act No. 548 of 6. June 2007 amending the law on the application of the Danish underground, law on energy, law on coastal protection, the law on ports and various other laws, 4) if section 6 concerns the law on UREnerginet.dks footnote and § § 1 (a), 4 (b) and 4 (c), includes the following entry-into-force provision:




The law shall enter into force on the day after publication in the Official Gazette.



(2). (Omitted)

§ 74

Act No. 1392 by 27. December 2008 on the promotion of renewable energy, if § 79 concerns the law on Energinet.dk and contains the following entry-into-force provision:




The law came into force on 1 January. January 2009.



(2). (Omitted)

(3). (Omitted)
The Danish Energy Authority, the 16. March 2009 Ib Larsen/Flemming g. N Official notes 1) Act contains provisions implementing parts of the European Parliament and of the Council Directive 2005/89/EC of 18. January, 2006 (Official Journal of the EUROPEAN UNION 2006 nr. L 33, page 22), the European Parliament and of the Council Directive No. 2003/54/EC of 26. June 2003 (Official Journal of the European Union 2003 nr. L 176, p. 37), the European Parliament and of the Council Directive No. 2003/55/EC of 26. June 2003 (Official Journal of the European Union 2003 nr. L 176, p. 57), parts of Council Directive 92/43/EEC of 21 December 1988. May 1992 (Official Journal 1992 nr. L 206, p. 7), as last amended by European Parliament and Council Regulation (EC) No 1782/2003. 1882/2003 of 29. September 2003 (Official Journal of the European Union 2003 nr. L 284, page 1), and parts of Council Directive 79/409/EEC of 2. April 1979 (Official Journal 1979 No. L103, page 1), as amended most recently by Council Regulation (EC) No 1782/2003. 807/2003 of 14. April 2003 (Official Journal of the European Union 2003 nr. L 122, page 36).

2) pursuant to bekendtgørelse nr. 1483 by 23. December 2004 law entered into force on 1 January. January 2005.

3) Amendment pursuant to bekendtgørelse nr. 531 of 8. entered into force on 15 June 2006. June 2006, changes the name to Energinet.dk and Denmark's energy networks introduces provisions on the establishment of new power grids on the territorial sea and in the exclusive economic zone.

4) Amendment, which entered into force on 7 August. June 2007, implementing parts of the Council directive on the conservation of natural habitats and of wild fauna and Flora (the habitats directive) and parts of the Council directive on the conservation of wild birds (birds directive).