Advanced Search

Ordinance On State Grants For Elintensive Enterprises

Original Language Title: Bekendtgørelse om statstilskud til elintensive virksomheder

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Table of Contents
Chapter 1 Conditions for concluding agreement and obtaining grants
Chapter 2 Energy Management
Chapter 3 Agreement debate
Chapter 4 Obligations in the Agreement
Chapter 5 The Agreement
Chapter 6 Certification
Chapter 7 Special rules for joint agreements
Chapter 8 Commitment of conditional grant
Chapter 9 Commitment for and payment of grants
Chapter 10 Withdrawal of pledges and repayment of grants
Chapter 11 Control and accounting provisions, etc.
Chapter 12 Approval
Chapter 13 Complations and so on
Chapter 14 Penalty provisions
Chapter 15 Entry into force, etc.

Publication of state aid to power-intensive undertakings

Purline 3, paragraph 3. 3, section 4 (4). 2, section 5, section 6 (4). 4, section 9 (4). 2, section 11, paragraph 1. 1 and 11 (1). Two, in Law No 574 of 4. In May 2015 on State aid to power-intensive enterprises shall be determined by the authorisation :

Chapter 1

Conditions for concluding agreement and obtaining grants

§ 1. State aid may be granted for partial coverage of the company ' s PSO payment to the necessary costs of the collective power supply undertakings by carrying out public commitments covered by section 8, stk.1, no. 1-5, in the power supply for companies registered under the VAT slots, which enter into agreement with the Energy Management Board to implement the effectiveness of the energy consumption of the business.

Paragraph 2. An undertaking may apply to conclude an agreement on energy efficiency, if it has the main activities covered by the NACE codes referred to in Annex 3 of the European Commission guidelines for State aid ; environmental protection and energy 2014-2020.

Paragraph 3. In order to receive state grants in accordance with paragraph 1, 1, it is a condition that the company has established remote, time-based billing meters that can form the basis for making up the electricity consumption of the company. In exceptional cases, for example, if the conccability of the man is properly coerable, the DEA may decide to derogate from this requirement ; by derogation from the requirement, the Danish Energy Management Board shall make demands that the electricity consumption of the company may be required, is clearly documented in a second way.

Paragraph 4. Appointment by paragraph 2 must act on energy management, special studies, etc., energy efficiency and implementation of these. The Agreement shall be concluded for the energy consumed on the production units of the eligible production unit (s).

Paragraph 5. The undertaking ' s application to conclude an agreement on energy efficiency shall be submitted to the DEA. Appliing materials shall be submitted as electronic mail.

Paragraph 6. The Agency for Energy Management shall decide whether the conditions under paragraph 1 1 and 2 are fulfilled.

§ 2. Before a company can enter into agreement on energy efficiency with the Energy Management Board, it must have drawn up and implemented an energy management system in accordance with the rules of Chapter 2, starting with the energy management company, prepare a proposal for the establishment ; in accordance with the provisions of the Agreement on energy efficiency, the obligations of the Agreement on Energy efficiency must be included. the rules laid down in chapters 3 and 4. On the basis of the Agreement on commitments, the Agreement shall be negotiated for energy efficiency, which shall be concluded in accordance with the rules laid down in Chapter 5.

Paragraph 2. A company entitled to enter into agreement after Section 1 may sign a declaration of intent, in accordance with the rules laid down in Chapter 8 to conclude and thus obtain conditional consent on grants to the PSO payment, while the agreement is being prepared.

§ 3. The DEA may decide that if energy consumption has common traits, regardless of the provision in section 2, may conclude joint agreement in accordance with the rules laid down in Chapter 7.

Paragraph 2. Each undertaking must accede to a joint agreement so that the Energy Management Board may grant a grant of grants.

§ 4. Where an agreement has been concluded with the establishment in accordance with the rules laid down in Chapter 5 and Chapter 7, the Energy Management Board shall be committed to grants under the rules laid down in Chapter 9.

Chapter 2

Energy Management

§ 5. The company must prepare and implement an energy management system. Energy management is that part of its management tasks that actively control the energy conditions of your company to ensure that energy is used efficiently, including identifying the potential for ongoing energy savings and streamline efficiency. The energy management system shall include energy production and consumption in it or the production units covered by the Agreement.

Paragraph 2. The energy management system must, before the appointment of the Agreement, have obtained the certificate of a certification body. The certification of energy management in contract undertakings shall be carried out in accordance with the rules laid down in Chapter 6.

§ 6. The company ' s energy management shall comply with the requirements of the ISO 50001 Energy Management Systems-Requirements and guidance requirements ' and the requirements of the Energy Management " Requirement Specification in connection with energy efficiency agreements between el-intensive business and The DEA.

Paragraph 2. The applicable energy management standard and the requirement specification of the Energy Management Requirements shall not be introduced in the Governing Council.

Paragraph 3. Review of the ISO 50001 Energy Management Systems-Requirements and guidance systems ' may take place at the Energy Management Board. The default can also be purchased from Danish Standard. The energy management requirements specification is located on the Energy Management website www.ens.dk.

Chapter 3

Agreement debate

§ 7. The agreement negotiations will determine the content of the agreement on the basis of a proposal from the establishment.

§ 8. On the basis of the energy management system, the company will prepare a proposal for a debate with the Energy Management Board on the commitments made in the Agreement on Energy efficiency. The proposal must be suitable as the basis for the energy management assessment of the energy conditions in the enterprise and the energy management system elements relating to energy policy, action and objectives. The post shall be established under the rules laid down in this Chapter

§ 9. The presentation shall contain the conditions under which the obligations are based on the energy-consuming equipment, technical, production and similar conditions, including any planned changes to these conditions.

Paragraph 2. The presentation shall account for the activities, including special studies and projects, etc., which the undertaking wishes to implement during the contract period, broken down by energy consumption for process, for assistiate processes and space heating.

Paragraph 3. The presentation must contain a strict description of when and how the energy-saving and efficiency measures are being proposed.

§ 10. For the purposes of the negotiations, the undertaking shall transmit :

1) The description of the energy management system.

2) Efficiate energy efficiency agreement.

3) Certificate from the certification of the energy management system and the report of the certification sauces or monitoring sauces completed in the last 12 months. The report shall include, inter alia, the assessment of the establishment ' s proposal for an agreement, including the energy review, the screening list and the special studies that are included in the company ' s contract proposals.

Paragraph 2. The requirements for a description of the energy management system, set up for agreement, and the submission of report material and so on is stated in the Energy Management ' Requirement Specification in the context of energy efficiency agreements between el-intensive undertakings and The DEA.

Paragraph 3. The Energy Management Board may require further information from the undertaking in the negotiations.

Chapter 4

Obligations in the Agreement

§ 11. The agreement between the company and the Energy Management Board on energy efficiency must contain the obligations laid down in this chapter. Documentation of compliance with the obligations of the Agreement shall be made by reports resulting from the "Requirement Specification of the Energy Management" in relation to energy efficiency agreements between the power-intensive undertakings and the Energy Management Agency ', and the submission of a report from certification or monitoring sauces, cf. Chapter 6.

§ 12. The company must use and maintain the implemented energy management system during the term of this agreement and maintain the implementation of the energy management system.

§ 13. In the term of the agreement, the company must carry out a special investigation into the term of the agreement, and the purpose of a special study is to identify concrete, document energy efficiency, on the basis of a thorough analysis of the energy consumption of one ; a process or installation or an analysis of the overall production or energy systems which focus on the possible reduction of energy consumption by the introduction of new technology or changing methods.

§ 14. The company must implement energy saving, which has a simple repayment time of less than 5 years. This obligation applies to electricity consumption, which will receive a state aid to cover the company's PSO payment. Energy savings may, for example, be identified by the implementation and use of the energy management system. In addition, the undertaking must carry out energy-efficient projects which are identified through specific studies if the repayment period is less than 5 years. In addition, the undertaking must carry out energy efficiency projects identified by special studies and implementing electricity-efficiency projects identified by, for example, special studies or by energy-knowingly purchasing, or projection if the repayment time for the merinvest of the energy efficient plant is less than 5 years.

Paragraph 2. For the calculation of payback times, tax-coated energy prices are used, i.e. a price that is the sum of the actual purchase price of the company for the energy with an addendum of electricity charge, PSO payment, carbon dioxide, energy tax, NOx, tax and sulphur charges as applicable, as applicable, for any tax compensation.

Paragraph 3. When calculating the repayment time, the energy saving and other operational savings, including staffing, maintenance and reduced material and raw material consumption, will be included in the calculation of the payback time. Possible sales of energy saving and investment grants are not included in the calculation of the repayment time.

Paragraph 4. The provision in paragraph 1 shall be However, 1 shall apply only if the facilities in question have a life span which goes beyond the repayment period.

Paragraph 5. The exemption for the entry into force of energy-saving measures may take place in accordance with the Energy Management ' Requirement Specification in the framework of energy efficiency agreements between the power-intensive business and the Energy Management Board ".

§ 15. The company ' s duration and its expiry of the contract shall report its energy consumption and use, and to implement the obligations laid down in the Agreement.

Paragraph 2. Reports are carried out in accordance with the Energy Management 'Requirement Specification in the framework of energy efficiency agreements between electricity-intensive enterprises and the Energy Management Board'.

Paragraph 3. At least once a year, the company must obtain a certification body annually to verify that the company complies with the contract obligations, including the undertaking and maintenance of the energy management system.

§ 16. Any Member who receives grants under the rules of Chapter 9 shall be obliged, at the request of the Energy Agency, to make any information that is relevant to the granting of undertakings and the payment of grants and for the control of the energy management system by : the conditions laid down are respected

Chapter 5

The Agreement

§ 17. The Agreement establishes the energy efficiency activities, including special studies and projects, etc., the undertaking must carry out, and within which time limits are to be laid down. The Agreement shall lay down the other obligations of the undertaking in accordance with the rules laid down in Chapter 4, including when it is in section 15 ( 3, mentioned verification shall be carried out. When agreement has been reached on commitments, agreement can be reached on their implementation. On this basis, the DEA may make a commitment to grants in accordance with the rules laid down in Chapter 9.

Paragraph 2. The Agreement shall be concluded before the expiry of the time limit set by the Energy Management Board, cf. § 25, paragraph. 2, and maximum for a three-year period from the start of the year period, cf. Section 26 (1). 1.

Paragraph 3. The agreement forms part of the possibility of renegotiation conditions, if the conditions for the agreement are substantially amended. Amendment of the assumptions that affect whether an activity is included in commitments or not is regarded as essential.

Paragraph 4. If special studies and projects are to be carried out, etc., cf. Section 9 (1). Article 3 (2) of the Agreement shall be determined on the performance of the activities identified in the studies.

Paragraph 5. In addition, the Agreement shall specify in detail the confidentiality of the information received by the Energy Management Board on the company ' s relationship, the refund of grants, cf. Chapters 10 and penalty provisions, cf. Chapter 14, etc.

§ 18. The agreement lays down detailed rules on the possible termination of non-compliance, and so on.

Chapter 6

Certification

§ 19. The building and implementation of the energy management system shall be certified by a certification body accredited for the certification of energy management by the Danske Accreditation Fund or by a corresponding recognised recognition ; accreditation body, which has signed the European cooperation organization for accreditation bodies, EA, multilateral agreement on mutual recognition. The certifiable body shall be maintained by the competent authority that the requirements for the construction and implementation of the energy management system are complied with.

Paragraph 2. Certification of accredited certification is a prerequisite for the contract award and, by the way, shall include at least one annual Certification or Monitoring Authority.

Paragraph 3. The certification body must comply with provisions for accreditation to the certification of energy management systems issued by the Danish Accreditation Fund (DANAK).

Paragraph 4. The DEA may, by way of derogation, refuse to leave a certificate or audit for the cause of the casework.

20. Certification sausaur and surveillance sausaurs must be submitted by a certified company in accordance with the guidelines in the Energy Management "Requirement Specification in the Energy Management" Agreement for energy efficiency agreements between el-intensive Companies and the DEA "

Chapter 7

Special rules for joint agreements

§ 21. Notwithstanding the provisions of the chapters 2 to 6, the DEA may decide that companies whose energy consumption has common traits may conclude on the basis of joint commitments on energy efficiency in accordance with the rules laid down in this chapter.

Paragraph 2. Companies wishing to enter into a joint agreement must draw up joint commitments. Joint undertakings shall lay down general guidelines for energy efficiency, including where appropriate, the setting of guidelines for joint adapted energy management and the implementation of joint special studies in establishments. The emphasis shall be placed on the subsidy-justified electricity consumption. The requirements for the joint commitments shall correspond to the requirements of the chapters 2-4.

Paragraph 3. The content of joint commitments shall be determined by negotiation with the Energy Management Board.

Paragraph 4. The DEA may lay down detailed requirements for verification and for verification or certification.

Paragraph 5. The Energy Management Board may lay down detailed requirements for the collection of checks and verification.

Paragraph 6. It is a condition of pledges for grants that a joint agreement is acceded by the individual company.

§ 22. Companies covered by joint agreements must be certified, cf. Chapter 6.

Paragraph 2. Certification in accordance with paragraph 1 1, must also include set up for joint commitments, which shall also be verified, cf. Section 21 (1). 4.

Chapter 8

Commitment of conditional grant

-23. An undertaking wishing to conclude an agreement on energy efficiency with the Energy Management Board can obtain a commitment to conditional subsidies by submitting a declaration of intent to conclude an agreement with the Energy Management Board. As a result, the company undertakes to implement an energy management system as soon as possible, and prepare a proposal for agreement, etc., cf. chapters 2-4.

Paragraph 2. A statement of intent shall be issued on a form approved by the Energy Management Board. The form exists on the energy stylepage's website www.ens.dk. The declaration of declarations shall be submitted to the DEA in electronic form.

Paragraph 3. When the DEA has received a declaration of intent from a company that wishes to enter into agreement, cf. Section 1 (1). 2, notify the Energy Management Energy Agency Energinet.dk, which shall initiate the payment of the conditional subsidy, provided that the DEA finds that the company is eligible.

Paragraph 4. An undertaking wishing to enter into agreement in accordance with the provisions of Chapter 7 may submit a declaration of intent in a similar manner.

§ 24. An undertaking which does not decide to enter into agreement after signing a declaration of intent to conclude an agreement on energy efficiency must immediately communicate this to the Energy Management Board.

§ 25. Deposits received on the basis of a declaration of intent shall be repaid in accordance with the rules laid down in Chapter 10, if the establishment fails to comply with the terms and obligations set out in the declaration of intent or by the Energy Management commitment to conditional upon payment ; Supplements.

Paragraph 2. The Energy Management Board shall set the time limit for the conclusion of an agreement on energy efficiency. The Agreement shall be concluded within 10 months of the start of the period of the year. The DEA may, in exceptional cases, extend the deadline.

Paragraph 3. The company can select when the time period should start. However, the period of time may not start earlier than the receipt by the Energy Management Board of the signed declaration of intent.

Chapter 9

Commitment for and payment of grants

SECTION 26. The energy management undertaking ' s commitment to grants shall be valid for a maximum period of three years from the start of the period of the period, cf. § 25, paragraph. 3.

Paragraph 2. The amount of the grant pool shall be fixed annually on the Finance Bill. The amount of the subsidy is 85%. of the part of the PSO payment, which is granted to support electricity production based on renewable energy under Article 8 (3). 1, no. 1-5 in the power of electricity supply. Eligible companies will receive the same earsum per kWh in aid grants in 2016 to 2016-2020. The subsidy shall be granted to the entire electricity consumption of undertakings eligible for subsidy-based production units provided that the company pays the full PSO payment of this electricity consumption.

Paragraph 3. The PSO is not awarded directly or indirectly used for the production of hot, delivered from the establishment.

§ 27. The amount of the subsidy shall be paid by Energinet.dk with the amount that exceeds the minimum limit in accordance with paragraph 1. 2. The amount of the subsidy may be paid monthly.

Paragraph 2. Deposits taken in accordance with section 26 (2). 2 shall be paid out of the amount exceeding 20 000 DKK If a company has more agreements, the minimum limit is $20,000. annually per Agreement. If the undertaking enters into a global agreement, the minimum amount is 20 000. a year. Deposits to undertakings which have joined a joint agreement, cf. Chapter 7, shall be paid without deduction.

§ 28. If the annual amount of the subsidy is to be paid up annually, the undertaking shall submit an annual statement by a state sautorised or registered auditor and so on, which certifies that the subsidy and so on for the subsidy is properly done. The declaration shall be sent to the DEA in electronic form. The Energy Management Board shall lay down detailed guidelines for the revision of a auditor instruction and shall set the date of receipt of auditor declarations.

Paragraph 2. The receipt of auditor declarations by the Energy Management Board, cf. paragraph 1 is a condition for obtaining grants.

Chapter 10

Withdrawal of pledges and repayment of grants

§ 29. The Energy Management Board may decide that an agreement on energy efficiency is lifted if :

1) the beneficiary has delivered incorrect or misleading information which is relevant to the application for a commitment or payment of grants,

2) the consignee has kept information of the importance of the application for a commitment or payment of grants,

3) the beneficiary shall not comply with the request for the Energy Management request to provide information which is relevant to the provision of assurance and payment of grants and for the control of the energy management system, subject to compliance with the terms and conditions of the energy management. § 16, or

4) the conditions for granting grants are no longer fulfilled, including by the non-compliance of the Agreement.

-$30. If the agreement is to be made, or if the agreement is suspended after paragraph 29, the Energy Management pledge is hereby disposed of. The DEA can determine that already provided grants in whole or in part should be repaid after termination or termination of the agreement.

Paragraph 2. However, if an agreement is terminated or withdrawn, the subsidy may only be required from the most recent approval, cf. § 36, unless inaccurate information has been supplied.

Paragraph 3. Energinet.dk is calling for the amount of the amount due to be paid no later than 14 days after claim.

Paragraph 4. The amount of the guilty shall not be paid in a timely manner to Energinet.dk, interest shall be added to Article 5 (5) of the Interest. One and two.

§ 31. Where it is established that there is too much or unjustifiable contribution, Energinet.dk is required to claim the amount due to be paid no later than 14 days after claims.

Paragraph 2. The amount of the guilty shall not be paid in a timely manner to Energinet.dk, interest shall be added to Article 5 (5) of the Interest. One and two.

§ 32. However, in the case of withdrawal of paid benefits, those who own, or otherwise run the company on their own account shall be liable for the withdrawal of the subsidy.

Chapter 11

Control and accounting provisions, etc.

§ 33. Companies which receive grants shall be able to provide evidence of the electricity consumption which is part of the amount of the grant of the grant. Documentation may be done on the presentation of invoices. The other documentation must be approved by the Energy Management Board.

Paragraph 2. The material shall be retained for five years after the year of the grant.

§ 34. The Energy Management Board may, without a court order and to the viewing of appropriate identification, for the use in the supervision of the inspection ;

1) access the premises of a company or association, including access to a visual inspection of energy meters, processing plants and other energy-consuming equipment ;

2) at the premises or in the premises of the association, make themselves aware and make copies of any information, including correspondence, accounts, accounting materials, books, other business papers and electronic stored data.

Paragraph 2. The holders and staff of the establishment and the association shall provide necessary guidance and assistance in the performance of the site.

Paragraph 3. Electrical suppliers shall inform the Management Board of Information about the stored data for the measurement and the settlement of electricity. The DEA has, where deemed necessary for supervision, without a court order and for appropriate identification of access to the premises of the undertakings concerned, to familiarize himself with and make copies of the stored data for measurement and settlement of electricity.

$35. The DEA will publish information on subsidy consiglisals and subsidy amounts in accordance with EU State aid rules, including paragraphs 104 to 106 of the European Commission guidelines on State aid for environmental protection and energy 2014-2020.

Chapter 12

Approval

§ 36. The DEA will approve the terms and obligations of the agreement.

Paragraph 2. The DEA shall also approve the undertaking ' s reporting at the end of the contract, cf. Section 15 (3). 1.

Paragraph 3. At least once a year after the appointment, a cerceration or surveillance will be performed. The report from this audit shall be sent to the DEA, which on the basis of the report and, where appropriate, the other reporting material, that the company has complied with the contract commitments until the time of the auditing.

Paragraph 4. The Agency for Energy Management may lay down detailed requirements for the approval of the Joint Agreement.

Chapter 13

Complations and so on

§ 37. The decisions of the energy management shall be taken pursuant to section 1 (1) 5 if the company is registered after the VAT slop and if the establishment complies with the conditions laid down in section 1 (1). 2, Decisions on Section 26 relating to the inventory of the subsidy base and decisions after sections 29 and 30 may be subject to the Energy Board Board. Decisions taken by the Energy Clause may not be brought to the second administrative authority.

Paragraph 2. The time limit shall be four weeks from the date on which the decision has been announced.

Paragraph 3. The decisions of the energy management may, with the exception of complaints pursuant to paragraph 1, 1 shall not be brought to the second administrative authority.

Chapter 14

Penalty provisions

§ 38. The gross negligent or misleading information on the basis for payment of grants or the deliberate or gross negligent violation of section 16 or section 33 of this notice or provide information on the basis of the basis for which it is based, the payment of grants shall be punished by fine, unless a higher penalty is owed under other legislation.

Paragraph 2. The one who commits one of the items referred to in paragraph 1. Paragraph 1 of this Article shall be penalised by means of a penalty, penalty or maximum sentence until 1 year and 6 months, unless higher penalties have been inflited on the section 289 of the Penal Code.

Paragraph 3. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Chapter 15

Entry into force, etc.

§ 39. The announcement shall enter into force on 1. October 2015.

DEA, the 28th. September 2015

Morten Creek

-Morten Pedersen