Executive Order Amending Executive Order On Energy Labelling Of Buildings (Transposition Of The "services Directive", Etc.)

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om energimærkning af bygninger(Gennemførelse af ”servicedirektivet” m.v.)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=129387

Executive order amending Executive order on energy labelling of bygninger1)

(Implementation of the "services directive", etc.)

§ 1

In executive order No. 228 of 7. April 2008 on energy labelling of buildings, as amended by Decree No. 615 of 25. June 2009, is amended as follows:

1. Footnote shall be replaced by the following: ' the Ordinance contains provisions implementing parts of the Council Directive 93/76/EEC of 13. September 1993 to limit carbon dioxide emissions by improving energy efficiency (SAVE) (Official Journal 1993 No. L 237, page 28), parts of the European Parliament and Council Directive 2002/91/EC of 16. December 2002 on the energy performance of buildings, (the official journal of the European Communities 2003 nr. L 1, page 65), parts of the European Parliament and of the Council Directive 2005/36/EC of 7. September 2005 on the recognition of professional qualifications (the official journal of the European Union 2005 nr. L 255, page 22) and parts of the European Parliament and Council Directive No. 2006/123/EC of 12. December 2006 on services in the internal market (Official Journal of the European Union 2006 nr. L 376, p. 36). '

2. section 30, paragraph 3 is replaced by the following: ' (3). Application for authorisation shall be submitted to the Danish Energy Agency, see. the law on access to the exercise of certain professions in Denmark. '

3. Under section 30 shall be inserted:

» section 30 (a). The Danish Energy Agency shall decide on the authorisation to pursue the occupation on an equal footing with people who are personally appointed energy consultants in accordance with §§ 24 or 25, no later than 6 weeks after receipt of the application referred to in article 6. However, paragraph 2. This period shall begin from the time when all documentation has been submitted.

(2). The time limit referred to in paragraph 1 may be extended only once if the complexity of the case so warrants. The Danish Energy Agency justifies the extension and duration of the extension and shall communicate this to the applicant before the expiry of the time limit referred to in paragraph 1. Decision in accordance with paragraph 1, shall in all circumstances be taken within 4 months after the time when all documentation has been submitted.

(3). The applicant must not perform tasks like personally appointed energy consultant after this notice, before the Danish Energy Agency has notified him or her permission to practise on an equal footing with energy consultants who are personally appointed under section 24 or 25.

(4). When the Danish Energy Agency has received an application for a permit pursuant to this chapter to practise the profession on a par with personally appointed energy consultants, Danish Energy Agency as soon as possible, send a receipt to the applicant indicating:

1) processing time limit referred to in article 6. paragraphs 1 and 2,

2) that the applicant is not allowed to perform tasks like personally appointed energy consultant after this notice before he or she has been granted an authorisation by the DEA, and

3) right of appeal.

(5). If the application is incomplete, the applicant will be informed as soon as possible and that there must be submitted further documentation and on the possible impact on processing time limit referred to in article 6. paragraphs 1 and 2. '

4. section 31, paragraph 1, is replaced by the following: ' an energy consulting company may only operate with energy labelling of buildings after this notice, if the company is registered in a register kept by the Secretariat, without prejudice to article 5. section 52, paragraph 2. Application for registration are submitted to five-the Secretariat and shall be decided by the Danish Energy Agency. '

5. Under section 31 shall be inserted:

» section 31 a. Energy Agency shall decide on the registration of energy konsulentfirmaet within 4 weeks after receipt of the notification referred to in article 6. However, paragraph 2. This period shall begin from the time when all documentation has been submitted.

(2). The time limit referred to in paragraph 1 may be extended only once if the complexity of the case so warrants. The Danish Energy Agency justifies the extension and duration of the extension and shall notify this to the energy labelling the company before the expiry of the time limit referred to in paragraph 1.

(3). When the Secretariat has received notification from the five energy konsulentfirmaet, sends FIVE-Secretariat as soon as possible a receipt for energy konsulentfirmaet stating:

1) processing time limit referred to in article 6. paragraphs 1 and 2,

2) to energy konsulentfirmaet must not perform tasks as energy consulting company after this Ordinance before it has received communication from the Danish Energy Agency for inclusion in the register, and

3) right of appeal.

(4). If the notification is incomplete, please give the notifying company as soon as possible and that there must be submitted further documentation and on the possible impact on processing time limit referred to in article 6. paragraphs 1 and 2. '

6. section 35, paragraph 1 is replaced by the following: ' an undertaking which has been certified as an energy consulting company in accordance with this Ordinance, with a view to registration submit a notification to the Secretariat attached FIVE-documentation for certification. The Danish Energy Authority shall decide whether the conditions for registration are met. '

7. Under section 35 shall be added:

» § 35 a. Energy Agency shall decide on the registration of it certified energy consulting company within 4 weeks after receipt of the notification referred to in article 6. However, paragraph 2. This period shall begin from the time when all documentation has been submitted.

(2). The time limit referred to in paragraph 1 may be extended only once if the complexity of the case so warrants. The Danish Energy Agency justifies the extension and duration of the extension and shall notify this to the certified energy consulting company before the expiry of the time limit referred to in paragraph 1.

(3). When the Secretariat has received notification from the five it certified energy consulting company, will send five to the Secretariat as soon as possible a receipt for the certified energy consulting company with information about:

1) processing time limit referred to in article 6. paragraphs 1 and 2,

2) to the notifying certified company must not perform tasks as a certified energy consulting company after this Ordinance before it has received communication from the Danish Energy Agency for inclusion in the register, and

3) right of appeal.

(4). If the notification is incomplete, please give the notifying company as soon as possible and that there must be submitted further documentation and on the possible impact on processing time limit referred to in article 6. paragraphs 1 and 2. '

8. Under section 42 shall be inserted:

» § 42 a. Certified Energy konsulentfirmaer should inform those who use or want to use the certified energy consulting company for the production of energy labelling according to this notice, whether

1) any professional insurance, including contact information for the insurance company and information on geographical coverage, and insurance

2) contact information to the DEA.

§ 42 b. Registered energy konsulentfirmaer should inform those who use or want to use a personally appointed energy consultant for the preparation of the energy labelling according to this notice, whether

1) occupational title and possible EU/EEA country where the authorization for the use of the title is given,

2) the interbranch organisations, which the personally appointed energy consultant possibly is a member of,

3) any professional insurance, including contact information for the insurance company and information on geographical coverage, and insurance

4) contact information to the DEA.

(2). If the using or want to use a personally appointed energy consultant for the preparation of energy labelling in accordance with this notice, requesting it, the registered energy consulting company provide information on the rules applicable to the conduct of the profession, and how he or she will have access to them.

(3). Paragraphs 1 and 2, shall apply mutatis mutandis to persons registered under section 26 and those with permission in accordance with section 30. '

§ 2

The notice shall enter into force on the 28th. December 2009.

(2). Applications received to the Ministry of science, technology and innovation, CIRIUS, or Ministry of education pursuant to section 30 of Ordinance No. 228 of 7. 2208 before 1 April. January 2010, and that are not pending, passed immediately to the Danish Energy Agency.
The Danish Energy Authority, the 15. December 2009 Ib L/Mette Odgaard Mylin Official notes 1) Ordinance contains provisions implementing parts of a European Parliament and Council Directive No. 2006/123/EC of 12. December 2006 on services in the internal market (Official Journal of the European Union 2006 nr. L 376, p. 36).