Ordinance On Compensation For Co2 Tax On Fuels For Power Generation

Original Language Title: Bekendtgørelse om kompensation for CO2-afgift af brændsler til elproduktion

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Table of Contents

Chapter 1 Compensation of compensation

Chapter 2 Information to be provided and so on, the retention of compensation

Chapter 3 Appeal and penalty provisions

Chapter 4 Entry into force

Appendix 1

Compensation for CO compensation 2 -tax of fuels for electricity generation ;

In accordance with Article 9 (b) (b) 3 and 4, section 28 (3). 3, and section 65, 85 a, 88 and 90 of the electricity supply law, cf. Law Order no. 1115 of 8. In November 2006, as amended by law no. 549 of 6. June 2007, Law No. No. 528 of 17. June 2008 and Law No 1392 of 27. In December 2008 :

Chapter 1

Compensation of compensation

§ 1. Energinet.dk makes a decision on the provision of compensation for CO 2 -the charge of fuels used in the manufacture of electricity in a network, not later than 31. December 2007, cf. however, paragraph 1 2.

Paragraph 2. No compensation is provided for works covered by the code of CO ; 2 -quotas.

Paragraph 3. Compensating shall be provided to the individual work which is covered by paragraph 1. 1.

Paragraph 4. Compensation of compensation is subject to the submission of an application by the manufacturer to Energinet.dk.

Paragraph 5. In this notice, the following shall be :

1) CO 2 -taxable fuels : fuels which, according to the low carbon dioxide tax of certain energy products, are charged to CO ; 2 -a tax on the use of electricity generation from 1. January, 2010.

2) Elmaker : A natural or legal person who owns or for own account operates a work.

3) Netconnection : Connection to the grid grid or an internal distribution network.

4) Wek : One or more power plants located on the same premises or on multiple contiguous matrices.

§ 2. Energinet.dk will make up the compensation size a year by multiplication by the current CO 2 ' the rate of excise duty for the production of electricity produced in the year in question with the fuel consumption of a base year, as set out in paragraph 1. 2.

Paragraph 2. The consumption of fuel in a basic year shall be determined with effect from 1. January, 2010 as a taxable consumption of CO 2 -taxable fuels in the period 2005, 2006 or 2007, where consumption was highest, cf. however, paragraph 1 3 and 4. If the plant has only been operating for one of the years, fuel consumption is set as consumption this year.

Paragraph 3. In the case of electricity production in the year to be selected in accordance with paragraph 1. 2, may be considered disproportionate in relation to electricity generation with similar plant capacity in 2004 or earlier years of regular operation of the work and may be attributed to a breakdown or renovation of one or more plants ; equivalent to a general orientation of the operation of at least two months or other similar essential operating disturbances, determines Energinet.dk of fuel consumption on a yearly basis on the basis of the production and operational economy of the plant during the period of time ; in respect of the years 2005 to 2007, where the operation must be regarded as regular.

Paragraph 4. If a work has been netsigned in 2007, Energinet.dk fuel consumption on the basis of the production period shall be determined on the basis of the production period during the period of this year. If electricity production is to be considered disproportionate in relation to works of similar capacity and function, consumption shall also be determined taking into account information on the operational economy of the host.

§ 3. Compensation shall be made subject to the fact that the plant is notified to the register referred to in section 85 (a) (1). 2, in the power of electricity (StamData Register).

Paragraph 2. No compensation shall be granted where the power of electricity at the plant ceaates or is subject to the co-operation of the CO ; 2 -quotas. The compensation shall be disregarded from the first day of the month following the date of the entry.

Paragraph 3. The production of electricity in a work which also provides for price allowance under Clause 58 of the electricity supply law shall be deemed to have been referred to in paragraph 1. 2, if the price supplement lapses owing to the durax of the operation of the plant, cf. the announcement of the price of electricity produced at decentral cogeneration and so on ;

§ 4. The proportion of total energy consumption in a power-warm, coated power generation, shall be calculated as total energy consumption deducted from the measured heat production divided by 1.25. However, the proportion that has been included for power generation may be calculated as energy consumption for electricity production, divided by 0,65 if the power producer at the request as referred to in section 1 (2). 4, demonstrate that the manufacturer has used this calculation in the selected base year.

Paragraph 2. For the calculation of energy content in fuels, the burning values referred to in Annex 1 shall be used, unless the electricity producer documents that the fuel value of a fuel differs from the one listed in the Annex.

Chapter 2

Information to be provided and so on, the retention of compensation

§ 5. The manufacturer must notify Energinet.dk on all matters relating to the provision of compensation and supervision that the conditions for the receipt of compensation have been met. The information must be taken at the time when the electricity producer has become aware that the conditions in question will be involved.

Paragraph 2. Energinet.dk may, if deemed necessary, request the manufacturer to specify proof that the conditions for the receipt of compensation are fulfilled, including on the submission of accounts or invoices with an endorsement of an approved approval ; CPA.

Paragraph 3. The producer shall, at the request of paragraph 1 (2), shall apply. 4, use the default schema drawn up by Energinet.dk and sending documentation as mentioned in the schema. Schema with guidance will be published on the www.energinet.dk home page.

§ 6. Energinet.dk can withhold payment of compensation if the power producer, regardless of requests from Energinet.dk, does not provide information for the benefit of the provision of compensation or oversight that the conditions for the receipt of compensation has been met or if the energy manufacturer ' s response to Energinet.dk's assessment is inconclusive.

k. 2 The request from Energinet.dk is to be sent by registered letter or an equivalent electronic message and clearly specify the information to inform the manufacturer of the information. The request must provide the producer with a minimum of 1 week to submit the response. It must be stated in the request that Energinet.dk can withhold payments if the response is too late or inconclusive.

k. 3 The payments are withheld from the date that Energinet.dk is sending a message to the elder that no reply was received within the deadline or that the reply is inconclusive. This message shall be sent by registered letter or an equivalent electronic message.

Paragraph 4. The payments shall be resumed after the electricity producer has produced an adequate response. The payment will be made in conjunction with the next monthly monthly payment.

Chapter 3

Appeal and penalty provisions

§ 7. Energinet.dk's decisions by sections 2 and 3 may be complained to the Energy Board Board. The complaint shall be submitted in writing no later than four weeks after the decision has been issued.

§ 8. Unless higher penalties have been imposed on other legislation, the penalty shall be punished by fine, which shall be liable for incorrect information on conditions in which they are required to provide information in accordance with section 5 or fail to provide such information.

Paragraph 2. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Chapter 4

Entry into force

§ 9. The announcement shall enter into force on the 30. March, 2010.

Paragraph 2. Payment of compensation from 1. January to 31. March 2010 can happen on the 25th. In May 2010, at the same time as payment of compensation for April, provided that the elaps have lodged an adequate application for compensation no later than 1. May 2010.

DEA, 26. March 2010

Ib Larsen

/ Flemming G. Nielsen

Appendix 1

Fuel values to be used in section 4.

Gas / diesel fuels
42,7 GJ/ton (35,9 MJ/l)
Fuel oil
40,4 GJ/tonne
Playing oil
40,4 MJ/kg
Physical credit
36,4 MJ/kg
34,8 MJ/I
Natural gas
39,6 GJ/1000 Nm 3
coal coal
25.2 GJ/tonne
Bruncoal briquettes and lignite
18,3 GJ/tonne
28,9 GJ/tonne
31,4 GJ/tonne
LPG (flag of flashegas),
46,0 GJ/tonne
14.5 GJ/tonne
16 GJ/tonne
10.5 GJ/tonne
Popping pills
17.5 GJ/tonne
9.4 GJ/tonne
Meat and bonemeal
18 MJ/kg
19,7 GJ/1000 Nm 3
Gas gas
4 GJ/1000 Nm 3