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Notification Of The Certification Of The Origin Of The Electricity And The Law

Original Language Title: Laki sähkön alkuperän varmentamisesta ja ilmoittamisesta

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Law on certification and notification of the origin of electricity

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1 (14.6.2013/445)
Scope

This law provides for the certification of the origin of electricity produced from renewable energy sources and effective cogeneration, as well as the indication of the origin of electricity.

Article 2a (3) and Article 3a of this Act shall not apply to the guarantee of origin of electricity produced from high efficiency cogeneration.

§ 1a (14.6.2013/445)
Definitions

For the purposes of this law:

(1) Renewable energy sources Wind, solar and air, geothermal, geothermal, hydrothermal energy, ocean energy, hydroelectric power, biomass, landfill gas, waste water treatment plants and biogas;

(2) With air temperature energy Energy in ambient air;

(3) Geothermal energy The energy stored below the ground temperature;

(4) Hydrothermal energy Means energy stored at a temperature of surface water;

(5) Biomass The biodegradable fraction of biological origin products, waste and residues from agricultural plant and animal materials, including forestry and related industries, fisheries and aquaculture, and industrial and The biodegradable fraction of municipal waste;

(6) On electricity from renewable energy sources Electricity produced exclusively in power stations using renewable energy sources and the proportion of electricity produced in power plants using renewable and other energy sources, produced from renewable energy sources and from renewable sources Electricity generated from energy sources used for the purpose of filling storage systems, with the exception of electricity generated by storage systems;

(7) Self-propulsion equipment The equipment and machinery which is required in the power plant to produce electricity or electricity and heat and to maintain production capacity and which are necessary for the removal or reduction of environmental damage caused by the power plant;

(8) Cogeneration Simultaneous generation of thermal energy and electrical or mechanical energy in the same process;

(9) Effective cogeneration Directive 2012/27/EU of the European Parliament and of the Council amending Directives 2009 /125/EC and 2010 /30/EU and repealing Directives 2004 /8/EC and 2006 /32/EC, hereinafter referred to as: Energy efficiency directive , cogeneration meeting the criteria set out in Annex II;

(10) Electricity produced by cogeneration; Electricity generated in accordance with the procedure laid down in Annex I to the Energy Efficiency Directive, produced in the process related to the production of useful heat;

(11) Promotional material For the marketing of electricity directly distributed or sent to the electricity user, as well as an equivalent electronic material that can be stored and replicated by the electricity user;

(12) Electricity user The final user of electricity, as well as a natural or legal person supplying electricity only to other companies belonging to the same group or within a real estate group.

Article 1b (14.6.2013/445)
Recognition of guarantees of origin for electricity produced from renewable energy sources in the EU and EEA States

European Union ( EUROPEAN ) Or the European Economic Area ( ETA ) In accordance with Directive 2009 /28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001 /77/EC and 2003 /30/EC The guarantees of origin granted to electricity from renewable energy sources shall be recognised as being used as an indication of the facts in accordance with Article 2 and the provisions adopted pursuant to it and in accordance with Article 11.

The Ministry of Employment and the Economy may decide that Finland does not recognise guarantees of origin in accordance with paragraph 1 of a particular EU or EEA State for use in accordance with Article 11, provided that the accuracy, reliability and veracity of the guarantee of origin is Justified doubts. The Ministry of Employment and the Economy shall inform the Commission of its refusal and its reasons. If the Energy Market Agency or the controller considers that the recognition of guarantees of origin of a given EU or EEA State should be refused, it shall inform the Ministry of Employment and the Economy accordingly.

Notwithstanding paragraph 2, the guarantees of origin referred to in paragraph 1 which are not recognised by the Ministry of Employment and the Economy may, notwithstanding paragraph 2, be used for the purpose of Article 11 if they are entered in the electronic register of the controller. No later than two months after the decision of the Ministry of Employment and the Economy.

The Authority's Regulation may also provide for guarantees of origin issued outside the EU and EEA outside the EU and EEA.

Article 1c (14.6.2013/445)
Recognition of guarantees of origin for electricity produced by effective co-production of EU and EEA States

Guarantees of origin issued by another EU or EEA State for the effective co-production of electricity shall be recognised as evidence of the circumstances under Article 2 and the provisions adopted pursuant to it.

The Ministry of Employment and the Economy may decide that Finland does not recognise guarantees of origin in accordance with paragraph 1 of a given EU or EEA State, where there are reasonable doubts as to the accuracy, reliability and veracity of the guarantee of origin. The Ministry of Employment and the Economy shall inform the Commission of its refusal and its reasons. If the Energy Market Agency or the controller considers that the recognition of guarantees of origin of a given EU or EEA State should be refused, it shall inform the Ministry of Employment and the Economy accordingly.

Notwithstanding paragraph 2, the guarantees of origin referred to in paragraph 1 which are not recognised by the Ministry of Employment and the Economy may, notwithstanding paragraph 2, be used as an indication of the matters referred to in paragraph 1 if they are marked by the controller's electronic In the register no later than two months after the decision of the Ministry of Employment and the Economy.

The Authority's Regulation may also provide for guarantees of origin issued outside the EU and EEA outside the EU and EEA.

Chapter 2

Verification of the origin of electricity by guarantees of origin (14.6.2013/445)

ARTICLE 2 (14.6.2013/445)
Guarantee of origin of electricity

The guarantee of origin of electricity may be granted for electricity produced from renewable energy sources or by effective cogeneration. However, it cannot be granted to electricity consumed by the power plant's electricity or combined heat and power generation.

Electricity produced from renewable energy sources can only be verified by the guarantee provided for in this Act.

Article 2 shall enter into force on 1 January 2014.

The guarantee of origin of electricity shall include information on the mode of production of electricity and its energy sources and the indication of the date and place of production. The decree of the Council of State lays down more detailed provisions on other information on the way in which the electricity is produced or on its energy sources, which the guarantee of origin must contain, as well as the information necessary to identify the guarantee of origin.

§ 2a. (14.6.2013/445)
Standard unit of origin guarantee and period of validity

A single MWh shall be used as the standard unit of the guarantee of origin. Only one guarantee of origin for electricity may be granted per unit of energy produced.

The guarantee of origin shall be granted on the basis of the quantity of energy produced per calendar month. If the production volume in the calendar month is less than one MWh, the guarantee of origin shall be issued in the calendar month when the production volume will reach one megawatt hour.

The guarantee of origin may be used within 12 months of the last production date of the corresponding electric energy.

ARTICLE 3 (14.6.2013/445)
Granting of the guarantee of origin and the controller

The guarantee of origin of electricity shall be granted on request to electricity produced in the production method covered by this law and to electricity produced from energy sources covered by this law, if:

(1) the mode of production of electricity and its energy sources are verified in accordance with this law; and

(2) the applicant has informed the controller of the information required for the granting of the guarantee of origin.

The controller shall be responsible for granting, transferring, withdrawing and cancelling the guarantees of origin of electricity in a non-discriminatory and non-discriminatory manner for the parties to the electricity market.

The system operator assigned to the system liability shall act as the controller. The controller may delegate this task to a wholly owned subsidiary. The controller may also acquire, in part or in full, the services necessary for arranging the task, from the service provider to the contract partner. The controller shall be responsible for the proper conduct of the mission.

§ 3a (14.6.2013/445)
Cancellation and cancellation of the guarantee of origin

An electronic vendor shall, without undue delay, notify in writing or in any other manner acceptable to the controller, the use of the guarantee of origin for the purpose of Article 11 or any other body designated by it. The controller shall withdraw the guarantee of origin as soon as it has been informed of the use of the guarantee.

The registrant shall, on his own initiative, invalidate the guarantee of origin as soon as it has not been used 12 months after the last production date of the electrical energy equivalent to the guarantee of origin.

§ 3b (14.6.2013/445)
Electronic management of guarantees of origin and pricing of service

The guarantee of origin of electricity shall be granted, transferred, withdrawn and cancelled electronically. The issue, transfer, cancellation and cancellation of guarantees of origin shall be organised in such a way that they are accurate, reliable and difficult to counterfeit. More detailed provisions may be adopted by the Government Decree on the procedure for the granting, transfer, cancellation and cancellation of guarantees of origin.

The pricing of the service for granting and transferring the guarantee of origin shall be reasonable. The fees may cover reasonable costs incurred by the controller for carrying out the obligations arising from this law and a reasonable profit for the performance of the service. The pricing of services or other conditions must also take into account the possibility for smaller producers to benefit from the system of guarantees of origin.

The cancellation and cancellation of the guarantee of origin shall not be subject to a separate fee. The terms and conditions of the service must be published. The decree of the Council of State may provide for more detailed rules on the pricing of services.

§ 4 (14.6.2013/445)
Verification of the production method and energy sources used by the power plant

The assessment body shall verify the mode of production of the power plant and the energy sources it uses prior to the granting of guarantees of origin for electricity produced by the power plant. The certificate shall be valid for the period laid down by the Council Regulation. During its period of validity, the certificate shall be renewed if the technical characteristics of the power plant's production mode or the energy sources it uses change from the previous verification in a way that affects or may affect the guarantees of origin The electricity generated by the power plant. Furthermore, the Government Decree may provide that the verification based on the other verification system shall be treated as equivalent to the verification provided for in this Act.

The certificate of verification issued by the assessment body shall include the information necessary for the granting of the guarantee of origin from the mode of production of the power plant and its use of energy sources, as well as the confirmation that the electricity generated by the power plant will: The conditions for granting the guarantee of origin. The Government Decree may provide for more detailed provisions on the verification and the information contained in the certification certificate.

§ 5 (14.6.2013/445)
Provision of information on power plant production and energy sources

The holder of the power plant shall inform the controller about the mode of production of the electricity and the energy sources which the power plant has used to produce the electricity covered by the guarantee of origin. The holder of the power plant shall ensure that the reliability of the data on the method used and the energy sources used can be verified for at least six years from the end of the calendar year for which the data relate. More detailed provisions may be adopted by the Government Decree on the notification procedure and the retention of data on production methods and energy sources.

ARTICLE 6 (14.6.2013/445)
Refusal of the guarantee of origin

The Energy Market Agency may refuse to issue a guarantee of origin to the operator of the power plant who has applied for the guarantee of origin or for which such power has been issued for a limited period of two years if the power plant operator is In order to obtain incorrect information for the assessment body or the controller or failed to provide any information to the assessment body or to the controller, and as a result of this procedure, the guarantee of origin of electricity is: Unjustifiably or effectively produced, To a substantially higher electricity quantity.

The assessment body and the controller shall inform the Energy Market Agency if it suspects that the power plant holder has lost its way within the meaning of paragraph 1.

§ 7
Assessment body

For the purposes of this Act, the assessment body shall mean the entity or body operating in the EEA Area approved by the Energy Market Agency, which meets the requirements of the assessment body.

§ 8
Requirements for the assessment body and approval of the assessment body

The assessment body shall meet the following requirements:

(1) the institution is functionally and economically independent from those who have an immediate or indirect interest;

(2) the staff of the institution have good technical and vocational training and a sufficiently wide range of experience in the activities to be undertaken; and

(3) the institution has a reliable and controlled methodology for ensuring the conformity of the origin of electricity, as well as appropriate instructions for action and monitoring.

The Energy Market Agency shall approve an entity or body meeting the requirements as an assessment body within the meaning of this law. Acceptance may be given for a limited period if there is a specific reason.

§ 9
Notification of changes in the performance of the assessment body

The assessment body shall inform the Energy Market Agency of any changes in its activities which have an impact on the fulfilment of the requirements imposed.

ARTICLE 10
Withdrawal of approval of the assessment body

If the assessment body acts in breach of the provisions or does not meet the requirements for approval, the Energy Market Agency shall call on the assessment body to correct the deficiency within the time limit. If the deficiency is not remedied within the time limit, the Energy Market Agency may cancel the approval.

Chapter 3

Notification of the origin of electricity

ARTICLE 11 (14.6.2013/445)
Obligation to verify the origin of electricity produced from renewable energy sources

The electricity seller, which sells electricity from renewable sources of energy to the electricity user, shall certify the origin of electricity from renewable energy sources. The quantity of electricity produced from renewable energy sources or the proportion of the electricity sold shall be verified at the latest by an equivalent number of withdrawn guarantees of origin at the time of the Energy Market Agency. However, the share of renewable energy sources does not need to be verified separately if the share is indicated by the residual distribution published by the Energy Market Agency.

An electricity producer which, in another business, informs its customers of the origin of the electricity it uses, shall certify the origin of electricity produced from renewable energy sources in accordance with Article 1.

The electricity user who declares its use of electricity from renewable energy sources shall certify the origin of the electricity in accordance with Article 1 (1), or be able to demonstrate that it has used it in accordance with paragraph 1; Certified electricity.

Article 11a (14.6.2013/445)
Information on the origin of electricity by an electricity seller

The electricity seller shall communicate the information on the origin of the electricity it sells in Finland at least once every calendar year in the electricity bills or in the annexes thereto. In addition, the information shall be reported in the promotional material and shall be made available to the electricity users. The trader shall ensure that the reliability of the data can be verified for at least six years from the end of the calendar year to which the data relate.

The notification referred to in paragraph 1 shall specify the share of the energy sources used in the production of electricity sold by the electricity seller in the preceding calendar year in relation to the total volume of electricity sold in proportion to at least the following accuracy:

1) fossil energy sources and peat;

2) renewable energy sources;

3) Nuclear power.

The supply of energy sources to electricity suppliers shall include all sources of supply of electricity sold to both electricity users and electricity sellers, with the exception of the pocket electricity supplied by the balancing unit.

The share of certified electricity produced from renewable energy sources in the form of renewable energy sources is reported in the energy mix by renewable sources of energy. For electricity produced from renewable sources of energy or imported from outside the EEA, which has not been certified by guarantees of origin, and the share of the energy sources of electricity of unknown origin, the Energy Market Agency By means of residual distribution. Electricity from non-renewable sources of origin may be declared either by means of its actual production method or by means of a residual distribution.

Article 11b (14.6.2013/445)
Access to information by the trader

The electricity producer, the electricity importer and other electricity vendor shall be required to supply the electricity seller to the electricity buyer, at the latter's request, with the information necessary for the electricity vendor to meet the obligations laid down in Articles 11, 11a or 11c. To fill.

Article 11c (14.6.2013/445)
Notification of carbon dioxide emissions and radioactive waste generated from electricity sources

In the case of electricity bills or their annexes, and in promotional material, the electricity seller shall, at least once every calendar year, refer to the public data sources for which information is available on the electricity sold by the electricity seller during the previous calendar year. Co2 emissions and the amount of radioactive waste generated from energy sources.

The declaration made available to the public shall mention the generation of electricity used for the generation of electricity sold by the electricity seller during the preceding calendar year:

(1) specific emissions of CO2 in grams per kWh; and

(2) the amount of spent fuel in relation to the total volume of electricity sold, expressed in milligrams per kWh.

The declaration of specific emissions of CO2 shall mention the specific emission factors used in the calculation of the specific emissions, the emission factors per production method and the method for the allocation of emissions of chp. Information on the quantity of spent fuel can be based either on the electricity seller's electricity supply or on the statistical data published by the Radiation Security Centre.

In the case of electricity produced from renewable energy sources which are not certified in the form of guarantees of origin, the amount of CO2 and the amount of nuclear fuel used for electricity from non-EEA origin imported from outside the EEA zone Data shall be used to calculate the residual distribution data calculated by the Energy Market Agency.

Article 11d (14.6.2013/445)
Residual distribution

The residue distribution is used to provide the source of the non-certified renewable energy source electricity, non-certified electricity imported from outside the EEA, and electricity of unknown origin. The Agency shall calculate the residual distribution for the calendar year and shall publish it annually by the end of June of the following year. The power seller, producer and user shall be obliged to use the latest residual distribution within two months of its publication.

When calculating the residue distribution, it shall be ensured that the energy unit produced from renewable sources is only taken into account once. The decree of the Council of State lays down more precisely the calculation of the residual distribution.

The Energy Market Agency shall issue the provisions necessary for the establishment of a residual distribution for the controller and for the supply of electricity for the time limits which must be respected in respect of the guarantees of origin used for the specific calendar year; and Information on the allocation of the Energy Market Agency.

Chapter 4

Additional provisions and entry into force

ARTICLE 12
Control

The Agency's role is to monitor compliance with this law.

Notwithstanding this law or the provisions adopted under it, consumer protection law shall: (38/1978) , marketing the lawfulness of marketing to consumers.

Article 12a (14.6.2013/445)
Conditions and methods adopted by the Energy Market Agency

The Agency shall lay down the following conditions for the service and the pricing of services before putting into service the controller:

(1) the methods for determining the appropriate remuneration for the provision and transfer of the guarantee of origin and the granting and transfer of fees to be recovered;

2) the conditions for the granting and transfer of the guarantee of origin.

The validation decision shall be based on the criteria for the conditions and pricing of the service provided for in Articles 3 and 3b and the provisions adopted pursuant thereto.

ARTICLE 13
Information to the Energy Market Agency

The holder of a power plant who has applied for or has been granted a guarantee of origin shall be obliged, in order to monitor the correctness of the guarantees of origin of electricity, to supply the Energy Market Agency with the method of production of its power plant and its Information on the energy sources used and the quantities of electricity generated by it.

The controller and the assessment body shall be obliged, upon request, to provide the Energy Market Agency with information necessary to verify the authenticity of the guarantees of origin or the obligations set out in Chapter 2. (14.6.2013/445)

The trader shall be obliged to provide information on the electricity sources sold to the Energy Market Agency, which is necessary to monitor the obligations laid down in Chapter 3 of this Act.

The Energy Market Agency shall have the right to verify the accuracy of the data in controlled premises which are not covered by domestic peace.

ARTICLE 14
Forced means

If someone breaks or fails to fulfil their obligations under this law or acts adopted pursuant to it, the Energy Market Agency shall oblige him to rectify his mistakes or omissions.

Where the electricity operator has informed the electricity user that electricity is produced from renewable energy sources, or the electricity producer or the electricity operator has indicated that it is using electricity from renewable energy sources without validating electricity In accordance with Article 11, the Energy Market Agency shall, without delay, oblige the vendor, producer or user to act as provided for in Article 11. (14.6.2013/445)

The Energy Market Agency may impose a penalty payment referred to in paragraphs 1 or 2 or the decision on the obligation to provide information provided for in this Act. The imposition and sentencing of a periodic penalty payment shall be laid down in the (1113/1990) . (14.6.2013/445)

§ 15 (14.6.2013/445)
Obligations of the controller and the assessment body in the performance of the public administration function

The controller and the assessment body shall, in the exercise of public administrative functions within the meaning of this Law, comply with the provisions of the law on public authorities' activities (18/09/1999) , by law in the field of electronic business (2003) , language law (2003) And the administrative law (2003) Provides. However, at the request of the customer, a derogation may be made for the application of the requirements of the Language Act in the month of origin of the electricity and for the language used in the certification certificate.

ARTICLE 16 (17/05/1011)
Appeals to the Energy Agency Decision

The Energy Agency's decision under this Act shall be subject to appeal by the appeal to the administrative court, as in the case of administrative law (18/06/1996) Provides.

L to 1011/2015 Article 16 shall enter into force on 1 January 2016. The previous wording reads:

ARTICLE 16
Appeals against administrative decisions

The decision to make an appeal under this law by the Energy Market Agency under this Act shall be as follows: (18/06/1996) Provides.

§ 17 (17/05/1011)
Appeal to the decision of the controller and the assessment body

The decision on the guarantee of origin of the electricity of the controller and the decision on the certificate of verification of the assessment body shall be subject to an adjustment as provided for in the Administrative Law.

The decision on the request for adjustment shall be subject to appeal by the administrative court as provided for in the administrative law.

L to 1011/2015 Article 17 shall enter into force on 1 January 2016. The previous wording reads:

§ 17 (14.6.2013/445)
Appeals against decisions of the controller and the assessment body

The decision on the guarantee of origin of the electricity of the controller and the decision on the certificate of verification of the assessment body shall be subject to an appeal from the issuing authority within 30 days of the notification of the decision. The decision shall be accompanied by a statement of objections. The adjustment procedure is laid down in the administrative law.

The decision to review the decision by the controller and the assessment body in the course of the review shall be lodged by the administrative court as provided for in the administrative law.

ARTICLE 18 (17/05/1011)
Appeals against the decision of administrative court

The decision to suspend the approval of the assessment body and the refusal of the guarantee of origin shall be subject to appeal against the decision of the Administrative Court, as provided for in the Administrative Law. The remainder of the decision referred to in Articles 16 and 17 of the Administrative Court shall be subject to appeal only if the Supreme Administrative Court grants an appeal.

L to 1011/2015 Article 18 shall enter into force on 1 January 2016. The previous wording reads:

ARTICLE 18 (14.6.2013/445)

Article 18 has been repealed by L 14.6.2013/445 .

§ 19
Entry into force

This Act shall enter into force on 1 January 2004. The obligation laid down in Article 11 shall apply to invoices and to promotional material supplied to electricity users on or after 1 July 2004.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 95/2003 , TaVM 3/2003, EV 58/2003, European Parliament and Council Directive 2001 /77/EC (32001L0077); OJ L 283, 27.10.2001, p. 33, Directive 2003 /54/EC of the European Parliament and of the Council (32003L0054); OJ L 176, 15.7.2003, p. 37

Entry into force and application of amending acts:

14 JUNE 2013/445:

This Act shall enter into force on 1 July 2013. Article 2 (2), Articles 11 and 11 to 11d and 14 (2) shall not enter into force until 1 January 2014. Articles 3, 3a, 3b and 12a shall not enter into force until 1 March 2014.

Council Regulation on the indication of the origin of electricity (193/2005) Shall remain in force until 31 December 2013.

The guarantee of origin for electricity issued before the entry into force of this Act shall be valid for 12 months.

THEY 37/2013 , TaVM 12/2013, EV 67/2013, Directive 2009 /27/EC of the European Parliament and of the Council, Directive 2009 /28/EC of the European Parliament and of the Council, Directive 2009 /72/EC of the European Parliament and Council

07.08.2015/11:

This Act shall enter into force on 1 January 2016.

In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 230/2014 , LaVM 26/2014, EV 319/2014