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Act Amending The Act On The Promotion Of Renewable Energy (Amendment Of Aid For Certain Solar Pv)

Original Language Title: Lov om ændring af lov om fremme af vedvarende energi (Ændring af støtte til visse solcelleanlæg)

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Law on the amendment of the Promenation of Renewable Energy Act

(Amendment of aid to certain photovoltaic systems)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the area of the promotion of renewable energy, cf. Law Order no. 1074 of 8. November 2011, as amended by Section 2 of Law No 276 of 27. March 2012, Section 1 in Law. 576 by 18. June 2012, section 1 of law no. 1390 of 23. December 2012, section 18 of law no. 607 of 12. June 2013 and Section 1 of Law No 641 of 12. June 2013, the following changes are made :

1. The following section 43 is inserted before heading before section 44 :

" Prides etcetera to biogas

§ 43 a. This provision relates to electricity produced by biogas and gaseous gas produced by biomass.

Paragraph 2. In the case of electricity produced in plants which use gases subject to paragraph 1. 1, a price shall be granted, so that it shall be fixed in such a way as to ensure that this and the following section 51 (1). 2, no. 1, the market price fixed together shall constitute 79,3 øre per. kWh, cf. however, paragraph 1 7.

Paragraph 3. In the case of electricity produced by the use of gases covered by paragraph 1. 1 together with other fuels, a price allowance shall be paid to 43,1 øre per head. kWh for the share of electricity produced by gases covered by paragraph 1. 1.

Paragraph 4. The owner of an electric production plant may, with effect from an annual shift, choose to receive price allowance in accordance with paragraph 1. paragraph 3 instead of paragraph 1. 2. The choice shall be binding until the end of a year of change is to receive price allowance in accordance with paragraph 1. 2. The request for the choice of price allowance shall be submitted before 1. October to take effect from the end of the year. Energinet.dk may lay down detailed guidelines on timescales and so on for the choice of price allowance.

Paragraph 5. In addition to the provisions of paragraph 1, The price allowance referred to in 2 and 3 shall be awarded to a price allowance of 26 cents. kWh and a price allowance of 10 cents per cent. the kWh of electricity produced by the use of gases covered by paragraph 1. 1. The Prides are adjusted according to section 43 e.

Paragraph 6. The sum of the price allowance and market price referred to in paragraph 1. The second and price notice referred to in paragraph 1. 3 index is adjusted on 1. January every year from 2013 on the basis of 60%. of the increases in the net index in the preceding calendar year in relation to 2007.

Paragraph 7. Owners of power-generating installations with an installed effect of 6 kW or less connected to the 20. In November 2012 or later, and which alone uses gases covered by paragraph 1. 1 may instead be eligible for price allowance pursuant to paragraph 1. 2 opts to receive price quots to be determined in such a way as to ensure that this and the following section 51 (3). 2, no. 1, the market price for which is fixed shall be 130 øre per ; kWh. In the case of electricity produced on installations, net attached to the 1. In January 2014 or later, the price supplement that may be selected shall be determined in the same way, however so that the fixed price allowance shall be reduced annually by 14 cents per. kWh from and with the first one. of January 2014 to and with 1. January 2018. The price allowance shall be granted for a period of 10 years from the network connection time of the date of the network connection, in accordance with the applicable price cords in accordance with 1. or 2. Act. The request for the choice of price allowance shall be submitted before the installation of the installation.

Paragraph 8. It is a condition for the award of the award show that the applicant fulfils the requirements for access and the documentation to receive grants that are set out in rules issued in accordance with section 50 (2). Five, and $50 a.

§ 43 (b). This provision deals with the sale of biogas to the use of transport.

Paragraph 2. A basic supplement of 39 kroner is provided. per sold gigajoule (GJ) biogas for use in transport.

Paragraph 3. In addition to the basic subsidy, a subsidy shall be granted on 26 kr. per Sold GJ and a $10 grant. per Sold the GJ biogas for transportation. The subsidy shall be adjusted in accordance with section 43 e.

Paragraph 4. Deposits for paragraph 1. 2 and 3 shall be granted to the one who sells the biogas for transport to an end user.

Paragraph 5. It is a condition for granting the grant that the applicant fulfils the requirements for access and the documentation to receive grants that are set out in rules issued in accordance with section 50 (2). Five, and $50 a.

§ 43 c. This provision relates to the use of biogas for process purposes in enterprises.

Paragraph 2. A basic supplement of 39 kroner is provided. per used gigajoule (GJ) biogas for process purposes in enterprises.

Paragraph 3. In addition to the basic subsidy, a subsidy shall be granted on 26 kr. per use GJ and a grant of DKK 10 kr. per used GJ biogas for process purposes in enterprises. The subsidy shall be adjusted in accordance with section 43 e.

Paragraph 4. Deposits for paragraph 1. 2 and 3 shall be granted to the owner of the undertaking which uses the biogas for process purposes.

Paragraph 5. It is a condition for granting the grant that the applicant fulfils the requirements for access and the documentation to receive grants that are set out in rules issued in accordance with section 50 (2). Five, and $50 a.

§ 43 d. This provision relates to the use of biogas for energy use, which is not covered by section 43 a-43 c or of section 35 c of the law on natural gas supply.

Paragraph 2. The one using biogas for energy use covered by paragraph 1. 1 shall be eligible for a grant of 26 kr. per gigajoule (GJ) biogas and a grant of DKK 10 kr. per GJ biogas. The subsidy shall be adjusted in accordance with section 43 e.

Paragraph 3. It is a condition for granting the grant that the applicant fulfils the requirements for access and the documentation to receive grants that are set out in rules issued in accordance with section 50 (2). Five, and $50 a.

§ 43 e. That in section 43 (b) (b). 3, section 43 c (3). 3, and section 43 d (1). 2, mentioned subsidies of 26 kr. per gigajoule (GJ) biogas is reduced on 1. January every year, from 2013, by the amount in crowns per. The GJ, the natural gas price in the previous year, is higher than a $53.2 DKK. per GJ, cf. paragraph If the nature gas price is lower than the base price, the subsidy shall be increased accordingly.

Paragraph 2. The one in section 43 a, paragraph. 5, mentioned price quo; of 26 cents per head. kWh is regulated on 1. January every year from 2013 with 1 øre per cent. kWh for each krone per crown GJ, it's in paragraph 3. Paragraph 1 shall be adjusted.

Paragraph 3. That in section 43 (b) (b). 3, section 43 c (3). 3, and section 43 d (1). 2, the grant referred to in 10 kr. per GJ biogas reduced annually by 2 kr. per GJ from the 1. January 2016 and terminates by the end of 2019.

Paragraph 4. The one in section 43 a, paragraph. 5, the price allowance referred to in 10 øre per. kWh shall be reduced annually by 2 cents per year. kWh from the 1. January 2016 and terminates by the end of 2019.

Paragraph 5. In the calculation of paragraph 1, 1 shall apply the average market price of natural gas in the calendar year. Market price means the daily day of the day ahead-end price in crowns per. Cubic meter on the Danish gas stock, North pool Gas, converse to crowns per. GJ with the lower burn value of the gas.

Paragraph 6. Prices, grants and price allowance referred to in paragraph 1. 1-3, section 43 a, paragraph. 6, section 44 (4). 4 is calculated with one decimal place.

Paragraph 7. The State shall bear the costs of grants to biogas in accordance with the provisions of section 43 b-43 e and the costs associated with administration of the arrangements in an appropriation framework laid down in the Finance Bill. `

2. I § 44 pasted as paragraph 5 :

" Stop. 5. Owners of power-generating installations with an installed effect of 6 kW or less connected to the 20. In November 2012 or later, and which alone uses energy sources covered by paragraph 1. 1 may instead be eligible for price allowance pursuant to paragraph 1. 2 opting for price allowance pursuant to section 43 (a) (1). 7. Request for the choice of price allowance in accordance with section 43 (a) (1). 7, shall be submitted before the installation of the installation. ` ;

3. I § 47 inserted after paragraph 1. 3 as new slices :

" Stop. 4. Electrical power from solar-cell installations, which are connected after the 19th. November 2012, but not later than 19. In March 2013, price allowance shall be granted as follows :

1) For electricity produced on a solar-cell installation with an installed effect of 400 kW, or thereunder, cf. No! The provisions of paragraph 2 and 3 shall be granted in such a way as to ensure that this and the following section 51 (3) are to be provided. 2, no. 1, the market price for which is fixed shall be 130 øre per ; kWh. The price allowance shall be granted for 10 years from the network connection time.

2) In the case of electricity produced in the case of a single solar system, a price allowance shall be granted, so that this and the following section 51 (s) are to be provided. 2, no. 1, the market price of which is fixed shall constitute 145 cents per unit. kWh. The price allowance shall be granted for 10 years from the network connection time.

3) For electricity produced on solar-cell plants which are not covered by no. 1 or 2 shall be provided by a price system to be determined in such a way as to ensure that this and the following section 51, paragraph 1, shall be provided. 2, no. 1, the market price for which the market is fixed shall be 60 cents per kWh for 10 years after the network connection and 40 øre per. kWh for the next 10 years.

Paragraph 5. Electrical power from solar-cell installations, which are connected after the 19th. March 2013, however, not later than 10. In June 2013, price allowance shall be granted in the following manner :

1) For electricity produced on the photovoltaic plant, established on the roof of buildings or integrated into buildings not listed for the production of solar cells, cf. No! the third subparagraph shall be provided for the purposes of such a way as to ensure that this and the following section 51 (3) are to be provided. 2, no. 1, the market price for which is fixed shall be 130 øre per ; kWh. The price allowance shall be granted for 10 years from the network connection time.

2) For electricity produced on suncell plants which do not meet the requirements of no. 1 and which are connected to its own consumption installation, shall be granted by price. 1 when the total installed power from the photovoltaic system is connected to the consumption installation of 6 kW or less per household.

3) In the case of electricity produced on the roof of buildings or integrated into buildings not listed for the production of solar cells, electricity produced on the roof of a single solar system shall be provided for the purpose of the establishment of a price set so that this and the following section 51 (3). 2, no. 1, the market price of which is fixed shall constitute 145 cents per unit. kWh. The price allowance shall be granted for 10 years from the network connection time.

4) For electricity produced on a common system of solar-cell installations which are not covered by no. 3 and which are not connected to its own consumption installation, shall be provided by a price system to be determined in such a way as to ensure that this and the following section 51 (s) are provided for. 2, no. 1, the market price of which is fixed shall constitute 90 øre per. kWh. The price allowance shall be granted for 10 years from the network connection time.

5) For electricity produced on solar-cell plants which are not covered by no. 1 4, shall be provided by a price system to be determined in such a way as to ensure that this and the following section 51 (3) are granted. 2, no. 1, the market price for which the market is fixed shall be 60 cents per kWh for 10 years after the network connection and 40 øre per. kWh for the next 10 years.

Paragraph 6. For electricity produced on photovoltaic systems, connected to the 11th. In June 2013 or later, a price allowance shall be granted in such a way as to ensure that this and the following section 51 (s). 2, no. 1, the market price for which the market is fixed shall be 60 cents per kWh for 10 years after the network connection and 40 øre per. kWh for the following 10 years, unless Energinet.dk has pledged that the plant is covered by the pool referred to in paragraph 1. Seven and eight.

Paragraph 7. Energinet.dk may provide a commitment to increase price charges for electricity produced on a solar system within a pool of 20 MW annually for 5 years from, and by 2013. An undertaking may be granted that the following solstem cell installations with the aforementioned aid are falling within the pool :

1) Solar-cell installations connected to its own consumption installation where the total installed power from the solar cell installation is connected to the consumption installation of 6 kW or less per. household, cf. No! 2. For electricity produced at such plants, a price shall be granted, so that this and the one after paragraph 51 (1), shall be provided. 2, no. 1, the market price for which is fixed shall be 130 øre per ; kWh on commitment from Energinet.dk in 2013. For plants that have been promised on 1. In January 2014 or later, the price allowance shall be fixed in the same way, however, so that the fixed price allowance shall be reduced annually by 14 cents per year. kWh from and with the first one. January 2014. The price allowance shall be granted for a period of 10 years from the network connection time, at the time of the attribution to the Energinet.dk applicable price allowance after 2. or 3. Act.

2) Common solar cell installations established on the roof of buildings or integrated into buildings not listed for the production of solar cells. In the case of electricity produced at such plants, a price shall be granted, so that this and the following section 51 (3) are to be provided. 2, no. 1, the market price of which is fixed shall constitute 145 cents per unit. kWh on commitment from Energinet.dk in 2013. For plants that have been promised on 1. In January 2014 or later, the price of prices shall be determined in the same way, however, so that the fixed price allowance shall be reduced annually by 17 cents per year. kWh from and with the first one. January 2014. The price allowance shall be granted for a period of 10 years from the network connection time, at the time of the attribution to Energinet.dk applicable price allowance.

3) Co-cell-cell-premises which are not covered by no. 2 and which are not connected to its own usage installation. In the case of electricity produced at such plants, a price shall be granted, so that this and the following section 51 (3) are to be provided. 2, no. 1, the market price of which is fixed shall constitute 90 øre per. kWh on commitment from Energinet.dk in 2013. For plants that have been promised on 1. In January 2014 or later, the price allowance shall be fixed in the same way, however, so that the fixed price allowance shall be reduced annually by 6 cents per. kWh from and with the first one. January 2014. The price allowance shall be granted for a period of 10 years from the network connection time, at the time of the attribution to Energinet.dk applicable price allowance.

Paragraph 8. This is a condition of a price increase in accordance with paragraph 1. 7 that the installation must be connected within two years of the submission of an increase in price allowance. The climate, energy and construction minister lays down rules on the application procedure and the distribution of the pool in accordance with paragraph 1. 7 on different categories of plant and criteria for selection, including possible lottery withdrawal, if the number of applications exceeds the amount of megawatts in the pool. The Minister can also lay down rules for an increase in the pool if the annual pool has not been fully utilising in previous years. The Minister can finally decide that the pool for 2013 will not be distributed until 2014 with the pledges made in 2013 for the award of the prices.

Niner. 9. in the case of electricity from installations which are not covered by paragraph 1. 4 8, and connected to the 20. In November 2012 or later, price allowance shall be granted in the following manner :

1) In the case of electricity produced by the use of energy sources or technologies, of essential importance for the future propagation of the VE electricity shall be given in accordance with the conditions of the climate, energy and construction minister the same price allowance as according to section 43 (a) (1). 7 if the installation has an installed effect of 6 kW or thereunder.

2) In the case of electricity produced by the use of energy sources or technologies, of essential importance for the future propagation of the ' VE ' s electricity which are not covered by no. The provisions of the first paragraph of the climate, energy and construction minister shall be subject to the conditions laid down in such a way as to ensure that this and the provisions referred to in Section 51 (1). 2, no. 1, the market price for which the market is fixed shall be 60 cents per kWh for 10 years after the network connection and 40 øre per. kWh for the next 10 years.

3) For electricity produced from other energy sources other than those in no. 1 and 2 shall be subject to a price allowance for 10 cents per year. kWh for 20 years from the network connection time. `

Paragraph 4 becomes paragraph 4. 10.

4. I § 49, paragraph. 4, is inserted after ' Section 47 (1). 3, no. 1, shall mean the following paragraph : 4 to 7 or 7. 9, no. One or two, ".

5. I § 50, paragraph. 2, in the words ' section 47 (4), 3, no. Paragraph 1, or Article 48 (3). 3, no. 1 ' shall be : ' Section 47 (4). 3, no. Paragraph 1, or paragraph 1. 9, no. 1 and 2, or § 48, paragraph 1. 3, no. 1 and which suncell plants are covered by section 47 (s). 4, no. 2 (3). 5, no. paragraphs 1, 3 and 4 (4) and (4) 7, no. Two and three.

6. I § 51, paragraph. 4, the words ' and Section 47 (4), 2 and paragraph 1. 3, no. 1 ' shall be : section 43 (a) (1). 7, section 44 (4). 5, and Section 47 (3). 2 (3). 3, no. Paragraph 1 (1). 4 to 7 and paragraph 1. 9, no. One and two.

7. I § 52, paragraph. FOUR, ONE. pkt., the following shall be inserted after ' windmills ` means : ', and on a suncell installation with an installed effect of 50 kW or below which is covered by Section 47 (3). 4, no. Paragraph 1 or 2 (2). 5, no. 1-4, or paragraph 1. SEVEN, "

§ 2

Law no. 1390 of 23. December 2012 on the amendment of the law on the promotion of renewable energy, law on electricity supplies, the law on the charge of electricity and the equation of the equation (Support for solar-cell installations and other small renewable energy plants, etc.) as amended by Section 6 of the Act of Law No 2. 641 of 12. June 2013, the following change is made :

1. § 1, no. 3, 5, 7-9, 11 and 12, and Section 6 (2). 7-10, revoked.

§ 3

Law no. 641 of 12. June 2013 amending the Promotion of Renewables, Energy and Equation Law (Frames for coastal windmills and auditing of the valuables and refrigeration systems etc.) are hereby amended as follows :

1. § 6, nr. 2, revoked.

2. I Section 7 (2). 11, "6 kW" to : "25 kW".

3. I Section 7 (2). 11, no. 2, "Energinet.dk's originDatasheet in solid condition from the installer" to : "notification of the installation".

§ 4

Paragraph 1. The Act shall enter into force on the day following the announcement in the law in Juditsiding, cf. however, paragraph 1 2.

Paragraph 2. The climate, energy and construction minister shall determine the date of entry into force of section 1. The Minister may, in particular, provide that sections of section 1 shall enter into force at different times.

Paragraph 3. The climate, energy and construction minister may provide that parts of Section 1 shall have effect at different times, but at the earliest, the 20. November 2012, and, as regards paragraph 47, paragraph 1. 5, in the Prominse of Renewable Energy Act, as entered into by this Act's § 1, nr. 3, not less than 20. March 2013, and, finally, as far as paragraph 47 paragraph is concerned, paragraph 47. 6, in the Prominse of Renewable Energy Act, as entered into by this Act's § 1, nr. 3, the earliest, the 11th. June 2013. The climatic, energy and construction minister may also, after presentation of the Committee set up, establish that parts of section 1, no. 1 shall have effect at different times, but at the earliest, the 8. June 2012.

Paragraph 4. Price allowance shall be granted in accordance with section 47 (3). 3, in the area of the promotion of renewable energy, cf. Law Order no. 1074 of 11. November 2011, instead of on paragraph 47, paragraph 1. 4, no. 1 and 2 (2). 5, no. 1-4, paragraph 1. 6 and 7 and paragraph 1. 9, no. One, in the promotion of renewable energy, as drawn up by the section 1 of this Act. 3, for electricity produced on power plants, net attached to the 20. November 2012 or later, if

1) the owner has made a binding agreement on the purchase of the electricity production plant no later than 19. November 2012,

2) net company not later than 20. December 2012 has received notification of the installation for registration in a register in accordance with section 85 (a) (1). 2, no. 2, in the power of electricity supply ; and

3) the installation is netconnected no later than 31. December, 2013.

Paragraph 5. Owners of power plants may not select price measures in accordance with section 43 (a) (1). 7, and section 44 (3). 5, on the promotion of renewable energy, as drawn up by the section 1 of this law. 1 and 2, even if the power plant is netconnected on 20. November 2012 or later, if they are in accordance with paragraph 1. 4, no. 1-3, present conditions are present.

Paragraph 6. Owners of electricity-connected to the 20. of November 2012, or later, but before the entry into force of Article 43 (a), 7, and section 44 (3). 5, on the promotion of renewable energy, as drawn up by the section 1 of this law. The provisions of 1 and 2 shall be requested to receive it in accordance with the provisions laid down within 30 days of the entry into force of the said provisions.

Paragraph 7. Price allowance shall be granted in accordance with section 47 (3). 5, no. One, in the promotion of renewable energy, as drawn up by the section 1 of this Act. 3, replace in accordance with section 47 (3). 5, no. 5, on the promotion of renewable energy, as drawn up by the section 1 of this law. 3, for electricity produced on a solar-cell installation with an installed effect of 400 kW or below which does not meet the requirements of section 47 (3). 5, no. One or two, in the Prominent Energy Act, as drawn up by this Act's § 1, nr. Three, which are not covered by paragraph 1. 4. This presupcontrols that the owner has made binding and unconditional agreement on the purchase of the solar system by the 20. March 2013, however, reservations must be taken for the following : 1 and 2 below. In addition, at least one of the following actions shall have been made by 20. March 2013, and must not subsequently be withdrawn :

1) The local authority has received an application under the planning authority.

2) The local authority has received a request for a building permit following the building code of the building or the rules adopted pursuant thereto.

3) The network has received notification of the installation for registration in a register in accordance with section 85 (a) (1). 2, no. Two, in the power of power supply.

4) The network has received a request for network connection.

Paragraph 8. Price allowance shall be granted in accordance with section 47 (3). 5, no. 3, in the promotion of renewable energy, as drawn up by the section 1 of this Act. 3, replace in accordance with section 47 (3). 5, no. 2 or 4, in the promotion of renewable energy as drawn up by the section 1 of this law. 3, for electricity produced on a common solar system, if the owner has entered into binding and unconditional agreement on the purchase of the solar system by the 20. March 2013 and at least one of the points referred to in paragraph 1. 7, no. 1 4, mentioned actions have been made no later than 20. March 2013 and not subsequently withdrawn. The agreement on the purchase of the photovoltaic system must be subject to authorisation in accordance with paragraph 1. 7, no. In addition, the conditions laid down in paragraph 1 shall be that : Four have not been fulfilled.

Niner. 9. Price allowance shall be granted in accordance with section 47 (3). 5, no. 1-4, on the promotion of renewable energy as drawn up by the section 1 of this law. 3, replace in accordance with section 47 (3). Six-eight, in the Prominent Energy Act, in the Prominent Energy, as drawn up by this Act's § 1. 3, for electricity produced on the photovoltaic cell network connected to the 11. June 2013 or later, however, so that they are in section 47, paragraph 1. 5, no. 1 4, fixed price allowance per year if the plant is netconnected on 1. January, 2014, or later. The annual reduction shall be made from 1. of January 2014 to and with 1. 1 January 2018 and 14 cents per cent. kWh for plants covered by Section 47 (3). 5, no. One and two, 17 cents a head. kWh for plants covered by Section 47 (3). 5, no. Three, and six cents a head. kWh for plants covered by Section 47 (3). 5, no. 4. The current state of network connection shall be granted for 10 years from the date of the network connection. The above necesoses that the facilities are not covered by paragraph 1. 4, and that the owner has made binding and unconditional agreement on the purchase of the solar system by the 11th. June 2013 and at least one of the points set out in paragraph 1. 7, no. 1 4, mentioned actions have been made no later than 11. June 2013, and not subsequently, has been withdrawn. The agreement on the purchase of the photovoltaic system must be subject to authorisation in accordance with paragraph 1. 7, no. One and two.

Paragraph 10. Energinet.dk shall take a decision on price allowance pursuant to paragraph 1. 4-9. Energinet.dk may require documentation to be provided for compliance with the requirements of paragraph 1. 7-9 is accompanied by a declaration of faith and assurance of the authenticity of the document. The decision may not be made to the second administrative authority other than the Agency for the Energy Board.

Givet on Amalienborg, on 4. July 2013

Under Our Royal Hand and Segl

MARGRETHE R.

/ Martin Lidegaard