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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Overview (table of contents) Chapter 1 Chapter 2 granting compensation disclosure, etc., the withholding of compensation Chapter 3 judicial remedies and penalties Chapter 4 entry into force Annex 1 The full text of the Ordinance on compensation for CO2 tax on fuels for power generation under section 9 (b), (3) and (4) section 28, paragraph 3, and § § 65, 85 a, 88 and 90 of the law on electricity regulation. lovbekendtgørelse nr. 1115 of 8. November 2006, as amended by Act No. 549 of 6. June 2007, law No. 528 of 17. June 2008 and Act No. 1392 by 27. December 2008, shall be set: Chapter 1 section 1 granting compensation. Energinet.dk decides on granting compensation for CO2 tax on fuels used for the production of electricity in a work system by 31 December 2006. December 2007, see. However, paragraph 2.
(2). Compensation shall not be granted to works covered by the Act on CO2 quotas.
(3). Compensation is granted to the individual work, which are covered by paragraph 1.
(4). The granting of compensation shall also submit an application to this effect to Energinet.dk.
(5). In this order meant by the following: 1) CO2 taxable fuels: Fuels, which according to the law on the carbon dioxide tax of certain energy products are imposed on CO2 tax by the use for electricity production from the 1. January 2010.
2) Producer: any natural or legal person who owns or operates a plant on its own account.
3) grid connection: connection to the mains or an internal distribution system.
4) work: one or more electricity facilities, which are located on the same land or on multiple contiguous land registers.
§ 2. Energinet.dk Showdown of compensation on an annual basis by multiplying the applicable CO2 for fuels for power generation in afgiftsats that year with fuel consumption in a base year, which is set out as referred to in paragraph 2.
(2). Fuel consumption in a base year shall be established with effect from 1 January. January 2010 as taxable consumption of CO2 taxable fuels in the years 2005, 2006 or 2007, where consumption was highest, see. However, paragraphs 3 and 4. If the plant has only been in operation for a year, fixed fuel consumption as consumption in that year.
(3). If electricity production in that year which shall be selected in accordance with paragraph 2, shall be regarded as disproportionately low compared to electricity production with corresponding capacity in 2004 or earlier years with the regular operation of the work in question, and this discrepancy can be attributed to crashes or renovation of one or more plants, corresponding to a total cessation of operation of the plant for at least 2 months or other similar major disruption lay down Energinet.dk fuel consumption on an annual basis, on the basis of the plant's production and operational costs in periods in the years 2005 to 2007, in which the operation is deemed regular.
(4). If a work has been connected to the grid in 2007, lays down Energinet.dk fuel consumption on an annual basis, on the basis the plant's production in operating period in this year. If electricity production must be regarded as disproportionately low in relation to the works of equivalent capacity and function shall be determined taking into account the information on consumption is also the plant's operating economy.
§ 3. The granting of compensation is subject to the condition that the work is recorded in the register referred to in paragraph 85 (a), paragraph 2, of the law on energy (master data register).
(2). Compensation shall not be granted if the electricity production of the work ceases to be or will be covered by the Act on CO2 quotas. Compensation lapses from the first day of the month following the change shall be deemed to have occurred.
(3). Electricity production in a plant, which also granted charge pursuant to section 58 of the Act on electricity supply, deemed ceased as referred to in paragraph 2, if the price premium lapses due to permanent cessation of the operation of the work, see. notice of a charge for electricity produced by decentralised combined heat and power, etc.
§ 4. The share of total energy consumption in a combined heat and power plant, which is used in electricity generation, is calculated as total energy consumption subtracted from the measured heat production divided by 1.25. The share, which is used in electricity generation, however, can be calculated as the consumption of energy for electricity production divided by 0.65 if also by application as mentioned in section 1, paragraph 4, provides evidence that the manufacturer has used this calculation in the selected base year.
(2). When calculating the energy content in fuels used brændværdier, as referred to in annex 1, unless also demonstrates that the calorific value of a fuel different from that which is referred to in the annex.
Chapter 2 accountability, etc., the withholding of compensation section 5. Also to inform the Energinet.dk on all matters of importance for the provision of compensation and oversight of the conditions for the receipt of compensation is fulfilled. Notification shall take place at the time, which also have been aware that the relevant conditions will occur.
(2). Energinet.dk may, if it is considered necessary, ask also about specific evidence that the conditions for the receipt of compensation is fulfilled, including those relating to the submission of accounts or invoices with endorsement by an approved auditor.
(3). Also to be in the case of an application referred to in article 1, paragraph 4, use standard form prepared by Energinet.dk and include documentation, as mentioned in the table. Form with instructions will be published on the website www.energinet.dk.
§ 6. Energinet.dk can withhold payments of compensation, regardless of the request of Energinet.dk also not if, within a period specified shall communicate information for the purpose of granting compensation or supervision of, the conditions for the receipt of compensation is fulfilled, or if the elproducentens reply after UREnerginet.dk's assessment is inconclusive.
(2). Request from Energinet.dk should be sent by registered mail or equivalent electronic message and clearly specify the information to be forwarded also. In the request should also be given a period of minimum one week to submit their response. It must be indicated in the request, that Energinet.dk can withhold payments if their response is late or incomplete.
(3). Payments withheld from the date on which the sending message to Energinet.dk also that there is not received a reply within the deadline set, or that the answer is inconclusive. The notification must be sent by registered mail or equivalent electronic message.
(4). Payments will resume when also has sent adequate reply. The payment is done in conjunction with the next annual monthly payment.
Chapter 3 judicial remedies and penalties § 7. UREnerginet.dk's decisions in accordance with §§ 2 and 3 are open to appeal to the complaints board Energy. The complaint must be made in writing no later than 4 weeks after the decision is announced.
§ 8. Unless a higher penalty is inflicted for other legislation, is punishable by a fine, providing false information about the circumstances of which he or she is required to provide information according to § 5, or fails to provide such information.
(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.
Chapter 4 the date of entry into force of § 9. The notice shall enter into force on the 30. March 2010.
(2). Payment of compensation from 1. January to December 31. March 2010 can be done on 25. May 2010 while payment of compensation for april on the condition that also have filed complete applications for compensation by 1. May 2010.

The Danish Energy Agency, 26. March 2010 Ib Larsen/Flemming g. N Annex 1 Brændværdier to be used in accordance with section 4.







Gas/dieselolie


42,7 GJ/ton (35,9 MJ/l)



Fuelolie


40,4 GJ/ton



Spildolie


40,4 MJ/kg



Fyringstjære


36,4 MJ/kg



Petroleum


34,8 MJ/l



Naturgas


39,6 GJ/1000 Nm 3



Stenkul


2 5,2 GJ/ton



Brunkulsbriketter og brunkul


18,3 GJ/ton



Koks


28,9 GJ/ton



Jordoliekoks


31,4 GJ/ton



LPG (flaskegas)


46,0 GJ/ton



Halm


14,5 GJ/ton




Halmpiller


16 GJ/ton



Træflis


10,5 GJ/ton



Træpiller


17,5 GJ/ton



Affald


9,4 GJ/ton



Kød- og benmel


18 MJ/kg



Biogas


19,7 GJ/1000 Nm 3



Forgasningsgas


4 GJ/1000 Nm 3