Ordinance Fixing The Price Caps And Maximum Prices Of District Heating From Waste Incineration Plants

Original Language Title: Bekendtgørelse om fastsættelse af prislofter og maksimalpriser for fjernvarme fra affaldsforbrændingsanlæg

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Ordinance fixing the price caps and maximum prices of district heating from waste incineration plants

Pursuant to article 20, paragraph 4, of the law on the heat supply of the basic regulation. lovbekendtgørelse nr. 1184 by 14. December 2011, as amended by Act No. 577 of 18. June 2012, fixed: scope



§ 1. The Ordinance lays down rules for price caps and maximum prices for the supply of heated water and steam covered by article 20, paragraph 1, of the lov om varmeforsyning, and produced by waste incineration from a waste incineration plant for a heat production or heat delivery plant.

§ 2. Not covered by the decree are waste incinerators, which, in accordance with rules in the Ordinance for approval of list company is approved for the recovery or disposal of hazardous waste as the main activity, and which are decorated and driven with a view mainly to incinerate hazardous waste.

(2). For the purposes of paragraph 1, shall be considered to be an asset to be decorated and driven with a view mainly to incinerate hazardous wastes, when 1) more than 50 per cent of the indvejede received waste is hazardous waste as defined in the Ordinance on waste, and 2) plant has established specific physical reception facilities and have written procedures for, and carry out receiving checks in order to satisfy the requirements laid down in article 52 (3) and (4) of the European Parliament and of the Council directive 2010/75/EU of 24. November 2010 on industrial emissions (Official Journal: L 334 of december 17, 2010, p. 17).

Maksimalprisen for heated water or steam supplied from a waste incineration plant



§ 3. For the supply of heated water or steam to the delivery point can waste incineration plant maximum demand the lowest of the following heat afregningspriser of the basic regulation. However, paragraph 2:1) the price provided for under section 20, paragraph 1, of the lov om varmeforsyning.

2) Price ceiling under section 4.

(2). At the delivery point means the limit of the cadastre, which waste incineration plant is located at.

(3). In periods when heating customer demand an amount of heated water or steam, such as waste incineration plant can only deliver if the plant reduces the electricity production using a evaluation of the heat transfer pricing, which is lowest in accordance with paragraph 1, taken as a starting point in the price provided for under section 20, paragraph 1, of the lov om varmeforsyning exclusive recognition of eligible cost to compensate for the lack of elindtægter or the additional cost of charges as a result of the increased heat production.

(4). If no agreement can be reached between the waste incineration plant and heat production or heat delivery system establishes Energy supervision maksimalprisen after this provision.

Determination of price ceiling



§ 4. Price ceiling for the supply of heated water produced by waste incineration from a waste incineration plant shall be determined by the energy regulatory authority for the weighted average price for heated water produced at the Central combined heat and power installations, see. Article 10, paragraph 6, of the law on electricity supply including any later tax changes.

(2). In the calculation of the average price referred to in paragraph 1 shall not be heat generation rate from the CHP plant, if heat delivery during that year was less than 1000 TJ. In the calculation of the average price of the other works be seen also away from heat generation prices from the two combined heat and power plants with the highest production costs per unit of energy.

(3). The Danish energy regulatory authority attaches to or subtracting any later changes to the energy tax, a CO2 tax or supply security charge, which is not reflected in the prices as the average price is calculated in such a way, that the price ceiling take account of these current price changes. Only tax changes that have been announced before 1. September and which have entered into force or will enter into force in the year as price limit applies, must be factored into the price ceiling.

(4). Price ceiling for the supply of steam produced by the incineration of waste at a waste incineration plant shall be set at an amount equal to the price ceiling for the supply of heated water enhanced with documented or probability disclosed additional costs for production of steam in relation to the production of hot water.

(5). The Danish Energy Agency can raise the price ceiling, if special circumstances for the sake of security of supply, speaks for it.

(6). When maksimalprisen under section 3 is the price ceiling, a waste incineration plant in periods when heating customer demand an amount of heated water or steam, such as waste incineration plant can only deliver if the plant reduces electricity generation, attaches by the Danish Energy Regulatory Authority announced price cap regulation. paragraphs 1 to 3 (4) or (5) of the eligible cost for compensation for lack of recognition elindtægter or the additional cost of charges as a result of the increased heat production.

Actual calculation and announcement of price ceiling



§ 5. The Danish energy regulatory authority performs the actual calculation and announcement of price ceilings under section 4. The average price is calculated on the basis of the heat generation rates, most recently notified to the Danish energy regulatory authority in accordance with the Ordinance on notification of prices, costs and other conditions for the transport and supply of district heating, as well as the cost of production to be used for the setting of price ceilings (notification notice).

(2). By heat generation price shall be the price of the basic regulation. the notification notice section 5, paragraphs 1 and 3.

(3). Price ceiling declared every year on 15 August. October. The announced price ceiling applies to the following calendar year.

Notification of supply contracts for the Danish energy regulatory authority



§ 6. Contracts for the supply of heated water and steam covered by article 20, paragraph 1, of the lov om varmeforsyning, and produced by waste incineration from a waste incineration plant for a heat production or heat delivery facility is notified to the Danish energy regulatory authority in accordance with the provisions of section 21 of the law on the heat supply.

Date of entry into force and transitional provisions



§ 7. The notice shall enter into force on the 1. January 2013 and have impact on supply agreements concluded after the entry into force, within the meaning of the Executive order. However, paragraphs 2 and 3 and section 8.

(2). Executive Order No. 234 of 23. March 2006 fixing the price caps and maximum prices of district heating from waste incineration plants and Guide No. 44 of 8. June 2006 about Ordinance fixing the price caps and maximum prices of district heating from waste incineration plants are hereby repealed, without prejudice to article. However, paragraph 3.

(3). A price ceiling, which is announced in accordance with the rules set out in the notice referred to in paragraph 2, shall be maintained until it is replaced by a price ceiling announced after this announcement, including a price ceiling set in accordance with paragraph 4.

(4). In the year in which the price ceilings announced after the notice referred to in paragraph 2, is still in force, the Danish energy regulatory authority calculates the price ceiling under this Ordinance in the light of the announced price ceiling, adjusted for 2013 with an index. The index is calculated on the basis of the heating prices, which the Central combined heat and power plant in 2012 and subsequent years prior to the year when the price ceiling will apply, has notified pursuant to section 21, paragraph 1, of the lov om varmeforsyning.

§ 8. For supply agreements entered into before the entry into force of the Executive order, get the notice effect the 1. January 2016, without prejudice. However, paragraphs 2 and 5.

(2). Will be a delivery contract concluded before the entry into force of the Decree, renegotiated in the 1. January 2016, gets executive order effect from the time of renegotiation, which shall mean termination or the delivery of the delivery agreement provided for sunset time, see. However, paragraphs 3-5.

(3). Are there by supply contracts covered by paragraph (2) a substantial difference between the earlier agreed-upon heat transfer pricing and maksimalprisen after paragraph 3, can the previously agreed heat transfer pricing maintained until the beginning of the following calendar year. Next, the new heat transfer pricing annual fixed to the previously agreed price minus the heat each year a portion of the difference between this price and maksimalprisen at the time of renegotiation, distributed over the calendar year, which is back to the 1. January 2016. From the 1. January 2016 then maksimalprisen after paragraph 3 applies, see. However, paragraph 5.

(4). The Danish energy regulatory authority determines heat transfer price in accordance with paragraph 3, if no agreement can be reached between the waste incineration plant and heat production or heat delivery system.

(5). The period after paragraph 1-3 within which heat transfer price should be reduced to maksimalprisen pursuant to section 3 of the Danish Energy Authority, on application, may be extended if special conditions of supply speaks for it.

The Danish Energy Agency, 17. December 2012 Ib L/Hanne Windemuller