Executive Order On The Danish Energy Authority's Tasks And Powers

Original Language Title: Bekendtgørelse om Energistyrelsens opgaver og beføjelser

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=128514

Executive order on the Danish Energy Authority's duties and powers under section 3, paragraph 3, of the law on energy policy measures, without prejudice. lovbekendtgørelse nr. 263 of 27. April 1989, section 37 of the Act on the use of the Danish underground, see. lovbekendtgørelse nr. 889 of 4. July 2007, article 61, paragraph 3, and section 67, paragraph 4, nr. 1 of law No. 1424 of 21. December 2005 on security, etc. for offshore structures for exploration, production and transportation of hydrocarbons (offshoresikkerhedslov), § 68, no. 1, and section 70 of Act No. 1392 by 27. December 2008 on the promotion of renewable energy, § 90 (1), nr. 1, and section 92 of the Act on energy regulation. lovbekendtgørelse nr. 1115 of 8. November 2006, as amended by Act No. 1392 by 27. December 2008, § 52, nr. 2, and section 54 of the law on natural gas supply, see. lovbekendtgørelse nr. 1116 of 8. November 2006, section 26 (a) (iii). 2, of the law on the heat supply of the basic regulation. lovbekendtgørelse nr. 347 of 17. May 2005, article 34, paragraph 6, and section 37, paragraph 1, of the Act on CO2 quotas, see. lovbekendtgørelse nr. 348 of 9. May 2008, § 9, paragraph 1, of the Act on subsidies for electricity production, subject to article 20. lovbekendtgørelse nr. 1331 by 30. November 2007, section 6 of the law No. 1275 of 20. December 2000 on taxable stocks of crude oil and petroleum products, as amended by Act No. 316 of 22. May 2002, section 9 (1) and (2) of law No. 468 of 12. June 2009 on sustainable biofuels, article 19, paragraph 1, and article 20, paragraph 4, nr. 2 of law No. 450 of 31. May 2000 on the promotion of savings in energy consumption, section 29, paragraph 4, nr. 2, and section 31, paragraph 1, of the lov nr. 585 of 24. June 2005 on the promotion of energy savings in buildings, section 9 of Act No. 1050 by 23. December 1992 on State subsidies for energy-saving measures in pensioners ' homes, § 7, paragraph 3, of law No. 407 of 14. June 1995 on State subsidies for conversion of electrically heated households can respond buildings, § 10 of lov nr. 5 by 3. January 1992 on State subsidies for conversion of older homes for combined heat and power, § 6, paragraph 5, of law No. 129 of 25. February 1998 on State subsidies for product-oriented energy conservation, section 5, paragraph 1, and section 6 of the law on State grants to cover the costs of carbon dioxide tax in certain undertakings with high energy consumption, without prejudice. lovbekendtgørelse nr. 846 of 17. November 1997, as amended by Act No. 1107 by 29. December 1999 and law No. 428 of 6. June 2005, § 7, paragraph 4, of law No. 420 of 1. June 1994 on State grants for the promotion of adherence to coal heating, section 7, paragraph 2, of law No. 4 by 3. January 1992 on State grants for completion of district heating network, section 7, paragraph 2, of law No. 3 of 3. January 1992 on State grants for the promotion of decentralized combined heat and power and use of biofuels, section 7, paragraph 1, of the law on State grants for energy savings, etc. in companies, see. lovbekendtgørelse nr. 84 of 3. February 2000, section 11, paragraph 2, of the law on the use of renewable energy sources, etc., see. lovbekendtgørelse nr. 692 of 25. August 1999, and article 21, paragraph 1, of the lov om Energinet.dk, jf. lovbekendtgørelse nr. 224 of 16. March 2009, fixed: Tasks § 1. The Danish Energy Agency is an agency under the Ministry of climate and energy.
§ 2. The Danish Energy Agency assists the climate and the Energy Minister and other authorities in questions in the field of climate and energy, and carries out the tasks within the production, supply, consumption, climate change adaptation and research on climate and energy, as well as assess the Danish and international developments on climate and energy.
The powers of section 3. Where climate and Energy Minister under the following legislation be empowered, in accordance with article 3. However, sections 10-14 shall exercise these powers on behalf of the Minister of the Danish Energy Agency and receives notification and material on behalf of the Minister, in so far as those powers not delegated to the Danish energy regulatory authority: 1) Law on the application of the Danish underground.
2) law on the continental shelf.
3) Law on the establishment and operation of a pipeline for the transport of crude oil and condensate.
4) law on safety, etc. for offshore structures for exploration, production and transportation of hydrocarbons (offshoresikkerhedslov).
5) law on the promotion of renewable energy.
6) law on the electricity supply.
7) law on natural gas supply.
8) law on heat supply.
9) law on municipal district cooling.
10) Act on CO2 quotas.
11) law on subsidies for electricity generation.
12) Act on taxable stocks of crude oil and petroleum products.
13) law on information and sales duty on hydrocarbons.
14) law of supply-related measures.
15) law on sustainable biofuels 16) Law on the promotion of savings in energy consumption.
17) law on Trust.
18) Law on the promotion of energy savings in buildings.
19) law on eco-design of energy-using products.
20) law on State grants for energy-saving measures in pensioners ' homes.
21) law on State grants for the conversion of electrically heated households can respond buildings.
22) law on State grants for the conversion of older homes for combined heat and power.
23) law on State grants for product-oriented energy savings.
24) law on State grants for research and technological development in the field of energy.
25) law on State grants to cover the costs of carbon dioxide tax in certain undertakings with high energy consumption.
26) law on State grants for the promotion of adherence to coal heating.
27) law on State grants for completion of district heating network.
28) law on State grants for the promotion of decentralized combined heat and power and use of biofuels.
29) law on State grants for energy savings, etc. in business organizations.
30) law on the exploitation of renewable energy sources, etc.
(2). The Danish Energy Agency responsible for the management of State sovereignty over territorial waters, in the case of the placing of conduits (pipelines, maritime and air pipes, etc.) to the transport of energy.
(3). The Danish Energy Authority shall exercise the powers conferred upon the Minister in permissions after underground Act and the powers conferred on the Minister in accordance with: 1) Agreement of 19. May 1981 between the Energy Minister and concessionaires under the reserved allocation of 8. July 1962 for exploration and extraction of hydrocarbons in the Danish underground.
2) Reserved allocation of 1. November 1963 (Ministry of Public Works Executive Order No. 380 of 29 november 1963), as amended by the Energy Ministry's letter of 28. May 1993 on the reserved allocation for extraction of salt (sodium chloride) at opskylning.
§ 4. Where climate and Energy Minister in accordance with the laws of § 3 conferred powers to set administrative rules, exercising these powers on behalf of the Minister of the Danish Energy Authority, in so far as those powers not delegated to the Danish energy regulatory authority.
(2). The DEA must, when exercising the powers referred to in paragraph 1 include climate and Energy Ministry's Department on issues of major importance for climate and energy.
§ 5. The Danish Energy Agency leading the oversight of UREnerginet.dk .com's performance of administrative tasks relating to the depreciation of immovable property by erection of wind turbines, wind turbine units for sale to local citizens, green scheme for strengthening of local scenic and recreational values, as well as guarantee fund to support the financing of local windmill Guild members feasibility studies, see. sections 6-9 of the law on the promotion of renewable energy and article 20, paragraph 1, of the basic regulation. section 2, paragraph 2 2. paragraph, of the law on Energinet.dk.
§ 6. Debate with the tax Minister on granting of petroleum deduction under section 17, paragraph 4, of the law on the taxation of income in connection with hydrocarbon extraction in Denmark (the hydrocarbon Tax Act) shall be exercised by the Danish Energy Agency.
§  7. The Danish Energy Agency carries out the following duties and responsibilities in the field of climate and energy pursuant to emergency law: 1) planning for the maintenance and continuation of the society functions in the event of accidents and disasters, including acts of war, as well as to provide support to the defence, see. Article 24, paragraph 1, including planning for the protection of critical infrastructure, as well as execution of tasks by the national contingency plan, issued by the Danish Emergency Management Agency, and the implementation of measures planned in accordance with article 24, paragraph 1.
2) Fixing of indicative guidelines for regional and local civil-emergency planning, see. § 27.
3) notice of the order made by or for public authorities and public and private companies and institutions to provide assistance in the planning or execution of tasks within the civilian sector preparedness, see. Article 28, paragraph 1.
4) Communication of cold cuts to public and private companies and institutions to take specific measures with respect to goods, services, means of production, etc. within their normal business, if this is required for the performance of tasks within the civilian sector preparedness, see. Article 28, paragraph 2.
5) Negotiation with the concerned companies or institutions, or with their organizations about pålæggets extent and implementation, including whether any compensation from the State, prior to the announcement of cold cuts, see. Article 28, paragraph 3 and 5.
6) initiation of or in respect of the non-governmental measures authorized for the implementation of expropriation of immovable property to be used for the performance of tasks within the civilian sector preparedness, see. Article 38, paragraph 2.
7) Communication of cold cuts at all about the duty to communicate the information necessary for the planning of the civilian sector's preparedness, see. § 45.
§ 8. The Danish Energy Authority shall exercise the following powers in the field of climate and energy pursuant to the competition act:
1) Decision of whether a restriction of competition falling within the scope of the Competition Act, section 2, paragraph 2, of the basic regulation. § 2 (4).
2) Preparation in connection with climate and Energy Minister's reply to the opinion of the competition Council, see. section 2, paragraph 5.
3) Decision of whether the aid granted by means of public funds is legal in accordance with government regulation, see. section 11 (a), paragraph 3.
§ 9. The DEA exercising powers pursuant to executive law § 32 a to the field of climate and energy, to lay down rules concerning the right to use digital communications at the approaches to public administration.
The powers not delegated to the DEA in General, § 10. The following powers not delegated to the Danish Energy Agency: 1) setting the time of the entry into force of laws.
2) fixing the rules for payment of regulatory treatment.
3) Minister's authority for the delegation of powers to other governmental authorities, private organisations or companies, etc. (legal persons) of the basic regulation. However, paragraph 2.
4) the appointment of members to the Energy complaints board, the Danish energy regulatory authority, Trust or Oil Board and powers relating to the administration, funding and establishing rules for these bodies.
5) the appointment of Presidents of valuation under section 7, paragraph 2, of the law on the promotion of renewable energy.
(2). The Minister's power of delegation of supervisory powers to the Minister of the environment pursuant to section 13, paragraph 2, of the law on eco-design of energy-using products, shall be exercised by the Danish Energy Agency, however, notwithstanding paragraph 1, no. 3. Underground law § 11. The following powers in accordance with the law on the application of the Danish underground is not delegated to the Danish Energy Agency: 1) authorisation with exclusive rights for exploration and extraction of raw materials, see. § 5, paragraph 1.
2) issues relating to the scope of the Committee's secrecy, see. section 6, paragraph 2.
3) conclusion of international agreements related to exploration and extraction, see. Article 11, paragraph 3.
4) decision on whether a production duty set out in a permit shall be payable in the form of experience hydrocarbons referred to in article 6. § 18.
5) decision on whether the State or a State-owned company must have the right to buy up to half of a rights holder's ongoing production of liquid hydrocarbons, see. Article 19, paragraph 1.
6) authorisation, the subsoil is used for storage, or for purposes other than abstraction, see. Article 23, paragraph 1.
7) fixing the practical arrangements for the exercise of supervision, in accordance with article 3. Article 25, paragraph 2.
Pipeline Act § 12. The following powers in accordance with the law on the establishment and operation of a pipeline for the transport of crude oil and condensate delegated not the DEA: 1) Minister's authorization for the increase of the share capital in DONG Energy a/s, see. section 1, paragraphs 1 to 3.
2) Minister's authority to determine whether the pipeline fee or connection fee shall be payable in the form of crude or condensate, see. section 3, paragraph 6.
Electricity Act section 13. The following powers in accordance with the law on electricity will not be delegated to the Danish Energy Agency: 1) State purchasing duty after section 35 (1) and (2) of the basic regulation. Article 35, paragraph 10.
2) State takeover of transmission network at 200 kV or more, connecting abroad and system responsible companies, see. Article 35 (a).
3) Minister's opportunity to order changes to the rules or methods according to § 85 d.
The natural gas supply Act § 14. State purchasing obligation pursuant to section 34 (1) and (2) of the basic regulation. section 34, paragraph 9, of the law on natural gas supply is not delegated to the Danish Energy Agency.
Redress section 15. Decisions taken by the Danish Energy Agency shall, in accordance with the laws of § 3 (1) (8). 5-8, 10-12, 15, 16, 18, 20, 25 and 30, may not be brought before the climate and Energy Minister.
Entry into force, etc.
§ 16. The notice shall enter into force on the 1. January 2010.
(2). Executive Order No. 161 of 26. February 2009 of the Danish Energy Authority's tasks and powers are hereby repealed.

Ministry of climate and energy, the 10. December 2009 Lykke Friis/Lars Nielsen