Law Amending The Law On Sustainable Biofuels (Obligation For Importers Or Producers Of Gasoline, Gas Or Diesel Oil For The Reduction Of Greenhouse Gases From Transport, Etc.)

Original Language Title: Lov om ændring af lov om bæredygtige biobrændstoffer(Pligt for importører eller producenter af benzin, gas eller dieselolie til reduktion af drivhusgasser fra transport m.v.)

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Law amending the law on sustainable biobrændstoffer1)

(Obligation for importers or producers of gasoline, gas or diesel oil for the reduction of greenhouse gases from transport, etc.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

In Act No. 468 of 12. June 2009 on sustainable biofuels is amended as follows: 1. title of the Act is replaced by the following: ' law on sustainable biofuels and on the reduction of greenhouse gases from transport ' 2. The footnote to the title of the Act is replaced by the following: ' 1) Law implements parts of the European Parliament and of the Council directive 2009/28/EC of 23. April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directive 2001/77/EC and 2003/30/EC, Official Journal of the European Union 2009, nr. L 140, page 16, and parts of the European Parliament and of the Council directive 2009/30/EC of 23. April 2009 amending Directive 98/70/EC as regards the characteristics of petrol, diesel and gas-oil and introducing a mechanism for the monitoring and reduction of greenhouse gas emissions and amending Council Directive 1999/32/EC as regards the characteristics of the fuel used in vessels for inland waterway vessels and repealing Directive 93/12/EEC , The official journal of the European Union 2009, nr. L 140, page 88. '

3. In section 1, the following is inserted after ' land transport ': ' and to reduce the cradle to the grave-emissions of greenhouse gases from transport '.

4. paragraph 2 shall be replaced by the following: ' article 2. In this Act shall mean the following: 1) Biofuel: liquid or gaseous fuel to use for transport produced from biomass;.

2) Biomass: the biodegradable fraction of products, waste and residues from agriculture of biological origin, including vegetable and animal substances, forestry and related industries, including fisheries and aquaculture, as well as the biodegradable fraction of industrial and municipal waste.

3) Fuel: Gasoline, diesel oil, gas or biofuels for the transport sector.

4) greenhouse gases: CO2, CH4 and N2O.

5) electricity service: the entity responsible for handling of electricity through an excise tax collection place, and providing electricity for use in road vehicles.

6) emissions of greenhouse gases per energy unit: the total mass of CO2-equivalent greenhouse gas emissions associated with the fuel or energy, divided by the fuel input or the input energy total energy content. By energy content in fuel means fuel energy content expressed as its lower calorific value.

7) Land transport: operation of road vehicles and railway operation.

8) transport: operation of road vehicles, rail, and off-road mobile machinery, including vessels for navigation on inland waterways, when not at sea, agricultural and forestry tractors and recreational craft when not at sea.

9) Business: Importer or producer of gasoline, gas or diesel oil.

10) cradle to grave-greenhouse gas emissions: All net emissions of CO2, CH4 and N2O, which can be attributed to fuel, including all ingoing components, or added energy. This includes all relevant stages resulting from the extraction or cultivation, including land use, transport and distribution, processing and combustion, no matter where these emissions take place. '

5. In accordance with paragraph 3 shall be inserted: ' article 3 a. undertakings must, in accordance with rules laid down by the climate and Energy Minister annually report to the DEA about the greenhouse gas intensity of fuels and electricity for use in road vehicles, see. section 3 (e), which in Denmark has been provided by the company.

§ 3 (b). Companies to be so gradual as possible reduce the cradle to the grave-emissions of greenhouse gases per unit of energy from fuel and electricity supplied for use in road vehicles, see. section 3 (e), with at least 6% by 31 December 2005. December 2020.

(2). Climate and Energy Minister may lay down rules to the effect that the reduction in accordance with paragraph 1 must be at 2 per cent by 31 March 2007. December 2014 and 4 per cent by 31 March 2007. December 2017.

(3). Climate and Energy Minister may lay down rules to the effect that, in addition to the companies referred to in paragraph 1 shall be reduced by 6 per cent further to reduce by 2 per cent, to be met by 31 December 2006. December 2020 by supplying electricity for use in road vehicles, see. section 3 (e), or by using technology that limits the cradle to the grave-the emissions per unit of energy from the delivered fuel and energy.

(4). In addition to the reduction referred to in paragraph 1 of 6 percent and a possible obligation laid down in paragraph 3, the climate and energy with a view to reductions in the sector for fuel supply lay down rules for a further reduction of 2 per cent, as companies must comply by 31 December 2006. December 2020 by purchasing credits in accordance with the conditions laid down in European Parliament and Council directive establishing a scheme for greenhouse gas emission allowance trading within the community.

(5). Climate and Energy Minister lays down rules on the method for calculating fuel's cradle to grave emissions of greenhouse gases.

(6). Climate and Energy Minister lays down rules concerning the methodology used for establishing the basis for the reduction obligation, see. (1).

section 3 (c). Companies may agree that they shall jointly fulfil their obligations will in whole or in part pursuant to section 3 (b).

§ 3 (d). To the extent that a company wants to use biofuels to meet its obligation under section 3 (b), may only be included biofuels that meets requirements for biofuel sustainability in the rules under section 4.

§ 3 e. nature of electricity supply can choose to contribute to a company's reduction commitment under section 3 (b), if their suppliers of electricity can demonstrate that adequately can measure and monitor the electricity supplied for use in road vehicles.

(2). Climate and Energy Minister shall lay down detailed rules concerning the method of calculating electricity for use in the electric road vehicles. '

6. In paragraph 4, the words ' and biofuel sustainability ' to: ', biofuel sustainability and reduction of greenhouse gases from transport '.

7. In section 5, paragraph 1, shall be added after ' article 3, paragraph 1, ': ' or § 3 (b) of paragraph 1, '.

8. In section 5, paragraph 1, shall be added after ' article 3, paragraph 5, ': ' article 3 b, paragraph 2-4 '.

9. In section 5, paragraph 2, shall be inserted after ' as referred to in article 3, paragraph 4, ': ' or section 3 (c), '.

10. In article 6, paragraph 3, shall be inserted after ' accredited certification ': ', ' verification '.

11. In section 6 shall be inserted as paragraph 4: ' (4). The cost for accredited certification, verification or inspection in accordance with the rules laid down pursuant to paragraph 3 shall be the responsibility of the company or their suppliers of electricity. '

12. section 8 shall be replaced by the following: ' article 8. Unless a higher penalty is inflicted for other legislation, is punishable by a fine, 1) violates the obligation under section 3 (1), (2)) is in breach of the obligation under section 3 b, paragraph 1, to reduce the cradle to the grave-emissions of greenhouse gases per unit of energy from fuel and electricity supplied for use in road vehicles, see. section 3 (e), with at least 6% by 31 December 2005. December 2020, 3) shall give false or misleading information or conceals information, relevant to the amount of the obligation under section 3, paragraph 1, 4) shall give false or misleading information or conceals information, relevant to the amount of the obligation under section 3 b, paragraph 1, 5) fail to report pursuant to section 5, paragraphs 1 and 2, 6) fails to furnish or provide information in accordance with § 6 (2) or 7) fails to comply with the injunction pursuant to section 7, paragraph 1.

(2). In the rules issued pursuant to the law, can be fixed fines for violation of the rules and orders provided for under the rules.

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

§ 2 the law shall enter into force on the 31st. December 2010.

Given at Marselisborg Castle, the 22. December 2010 Under Our Royal hand and Seal MARGRETHE r./Lykke Friis Official notes 1) Law implements parts of the European Parliament and of the Council directive 2009/30/EC of 23. April 2009 amending Directive 98/70/EC as regards the characteristics of petrol, diesel and gas-oil and introducing a mechanism for the monitoring and reduction of greenhouse gas emissions and amending Council Directive 1999/32/EC as regards the characteristics of the fuel used in vessels for inland waterway vessels and repealing Directive 93/12/EEC , The official journal of the European Union 2009, nr. L 140, page 88.