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The Law On The Support Of Electricity Production From Renewable Sources

Original Language Title: Laki uusiutuvilla energialähteillä tuotetun sähkön tuotantotuesta

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Law on production aid for electricity from renewable energy sources

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Purpose of the law

The purpose of this law is to promote the generation of electricity through renewable sources of energy and the competitiveness of these energy sources, and to diversify electricity generation and improve self-sufficiency in electricity generation.

ARTICLE 2 (22.12.2011-1426)
Scope of law

This law provides for State resources for the production aid for electricity produced by wind power, biogas and wood fuel.

ARTICLE 3
Relationship with other legislation

Production aid to be paid under this law shall not be regarded as State aid (2002) In the form of State aid.

§ 4
Authorities and their tasks

General guidance, monitoring and development of activities under this law are part of the Ministry of Employment and the Economy.

The Energy Market Agency shall monitor compliance with this law and the other tasks assigned to it by this Act.

§ 5
Definitions

For the purposes of this law:

(1) The system operator Electricity market, (19/08/2013) The system operator; (6 JUNE 2014/434)

(2) Wind power station A power plant that produces electricity generated by wind turbines without the flow of electricity from the kinetic energy of one or more of the generators connected to the same system operator;

(3) On biogas The product of anaerobic degradation of organic matter, the main components of which are methane and carbon dioxide;

(4) In the biogas plant A power plant where electricity from biogas transferred directly or via the gas network to the power plant is generated in one or more of the generators connected to the same system operator;

(5) The biogas plant A plant in which the digestion of biomass in a bioreactor is generated by biogas;

(6) Forests, The fuel application and the murskis which are made directly from the wood from the wood;

(7) For the forestry sector A power plant where electricity is generated by a wood-based application in one or more of the generators connected to the same system operator;

(8) Wood fuel The woodwork and the industrial side-product of wood material resulting from the wood processing process of the wood processing industry in the forestry industry;

(9) Wood fuel power plant A power plant that produces heat and electricity with wood fuel in one or more of the generators connected to the same system operator;

(10) On the logging site of the frozen wood The object of the forest law (1093/1996) Intended:

(a) felling; or

(b) breeding felling after which the forest unit is considered to be a breeding forest for at least the age of development;

(20.3.2015)

L to 261/2015 The addition of paragraph 10 shall enter into force at the time of the Council Regulation. The previous wording reads:

Paragraph 10 is repealed by L 22.12.2011/1426 .

(11) Emission right Emissions trading officer (12/02011) The allowances referred to; (6 JUNE 2014/434)

(12) Generator of electricity A natural or legal person under control of a power plant or which prepares the construction of a power plant. (6 JUNE 2014/434)

Emission Trading L 683/2004 Has been repealed by L 311/2011 , see On transitional provisions L 311/2011 ARTICLE 79 . Electricity market L 386/1995 Has been repealed by the Electricity Market L 58/2013 .

Chapter 2

Acceptance of the feed-in tariff system

ARTICLE 6
Feed tariff system

In the case of the feeding tariff system, the electricity producer whose wind power, biogas plant, forestry or wood-fuelled power plant has been approved, shall be subject to a time-limit for variable aid on the basis of the market price or the price of the allowances ( Feed-tariff ) Aid for eligible production.

The anti-feed tariff system may be approved:

1) forest-seeking power plants;

(2) wind turbines until the combined nominal power of the generators of approved wind turbines exceeds 2 500 megavolts;

(3) biogas power plants until the combined nominal power of the generators of biogas plants powered by biogas plants approved primarily in a biogas plant exceeds 19 megavolter; and

(4) wood-fuelled power plants until there are more than 50 and the combined nominal power of the generators with a rated power exceeding 150 megavolts.

The preferential access to the biogas plant and the wood-fuelled power plant in the feed-in-tariff system shall be given by the electricity producer who was the first to apply for approval as provided for in Article 14. On the privilege of obtaining a quota for the wind turbine in accordance with Article 2 (2) (2) of this Regulation ( Total capacity of wind turbines ) Provides for Article 17a. (12/05/1274)

§ 7
General conditions for approval

A wind turbine, biogas plant, forestry and wood-fuelled power plant, located in Finland or in the territorial waters of Finland and connected to the electricity grid, can be approved in the system for the feeding of wind turbines, which have functional and economic links. Conditions for electricity production.

Articles 8 to 11 lay down the conditions for approval of the scheme.

§ 8
Specific conditions for approval of a forest-seeking power station

The wood-seeking power sector may only be approved in the feed-in tariff system if:

(1) the combined nominal power of the generators shall be at least 100 kg of kilovolt; and

2) it does not belong and has not been part of the feed-in tariff system.

The wood extraction plant referred to in paragraph 1 may be authorised in the feed-in-tariff system in the case of an increased feed-in tariff, if the power plant is accompanied by a carburetor, where the wood is fuelled by a dust-fuel boiler For fuel. (30.11.2012/687)

§ 9
Specific conditions for approval of a wind farm

The wind turbine can only be approved in the feed-in tariff system if it has a fixed quota for the total capacity of wind turbines and: (12/05/1274)

(1) it has not received State aid;

(2) it is new and not included in the parts used; and

(3) the combined nominal power of the generators shall be at least 500 kg of kilovolt.

The offshore wind farm pilot project, for which State aid has been granted for the investment, is accepted into the feed-in tariff system. (12/05/1274)

ARTICLE 10
Specific conditions for approval of a biogas plant

The biogas plant may only be approved in the feed-in tariff system if:

(1) it has not received State aid;

2) it is new and does not include the components used;

(3) the combined nominal power of the generators shall be at least 100 kg of kilovolt; and

4) it uses biogas generated by a biogas plant which has not received State aid which is new and does not contain the components used.

The biogas plant referred to in paragraph 1 may be approved for the feed-in tariff system with a heat premium, if:

(1) in the context of the production of electricity, it generates heat for useful use; and

(2) its overall efficiency shall be at least 50 % or, if the aggregate nominal power of its generators is equal to or greater than 1 megavolt, at least 75 %.

ARTICLE 11
Specific conditions for approval of a wood-fuelled power plant

The wood-fuel power plant may only be approved in the feed-in tariff system if:

(1) it has not received State aid;

2) it is new and does not include the components used;

(3) the combined nominal power of the generators shall be at least 100 kilovolt and not more than 8 megavolts;

(4) the production of heat in the context of the production of electricity; and

(5) its overall efficiency shall be at least 50 % or, if the aggregate nominal power of its generators is equal to or greater than 1 megavolt, at least 75 %.

ARTICLE 12
More detailed provisions on the conditions for authorisation

More detailed provisions on the conditions for approval of the feed-in system may be laid down by a Council Regulation.

ARTICLE 13 (12/05/1274)

§ 13 has been repealed by L 23.10.2015/1274 .

ARTICLE 14
Application

The electricity generator shall submit an application to the Energy Market Agency for the approval of the feed-in tariff system.

The application shall be made before the wind power station, the biogas plant and the biogas plant producing biogas or the wood fuel power station are taken for commercial use and for the wind farm, with the exception of the pilot project of the offshore wind power plant, in addition to: The quota decision expires. An application for approval of a forest-seeking power station may also be submitted after the commercial use of the wood-harvesting power station. (12/05/1274)

The application shall provide the necessary explanations to the Authority for the electricity generator, the power plant project and the power plant. An application for the approval of a wind-power plant, a biogas plant and a wood-fuelled power station shall also indicate the timing of the commercial use.

The application shall be accompanied by a plan for monitoring the production of electricity eligible for aid. The application shall also include verification of the verifier:

(1) Article 7 concerning the fulfilment of the conditions laid down for the location of the power plant and for the network connection;

(2) Article 8 (1) and (2), Article 9 (2) and (3), Article 10 (1) (2) to (4) and (2) and Article 11 (2) to (5) on the fulfilment of the conditions laid down for the power plant;

(3) a detailed assessment of the annual production of the power plant.

(30.11.2012/687)

More detailed provisions on the application and its annexes, together with the verification of the verifier, may be adopted by a Council Regulation.

§ 15
Approval decision

The Energy Agency shall approve the power plant feeder tariff system if it has been shown that the conditions laid down in this Act are met and that there is no obstacle to the approval provided for in this Act. (12/05/1274)

The approval decision shall contain information on the electricity producer and the provisions:

(1) from the power plant and the rated output of its generators;

(2) applicable production aid;

(3) the total amount of electricity production to which the feed-in tariff is not more than paid during the life of the decision, in the case of wind turbine, biogas plant or forest-seeking power; and

(4) other matters relating to the public or private interests and to the fulfilment of the conditions of the decision.

By way of derogation from paragraph 1, the approval decision may be adopted only after approval by the European Commission of the compatibility with the common market of the aid to the electricity producer or, in the event of:

(1) the gas premium premium;

(2) the offshore wind farm pilot project; or

(3) a power plant whose production capacity for renewable electric energy exceeds the threshold for a detailed State aid assessment.

(6 JUNE 2014/434)

More detailed provisions on the power generation capacity referred to in paragraph 3 (3) may be adopted by a Council Regulation. (6 JUNE 2014/434)

§ 15 is in force 258/2011 As of 25 March 2011.

ARTICLE 16
Right to feed-in tariffs

The supply tariff is paid within three months ( Tariff period ) The quantity of electricity produced. The right of the producer of electricity to the feed-in tariff shall begin with the entry into force of the approval decision for the next tariff period. If, pursuant to Article 15 (3), the approval decision is conditional, the power of the electricity producer in the feed-in tariff shall begin with the compatibility of the European Commission's aid with the common market following the next tariff period. (6 JUNE 2014/434)

The producer of electricity may receive a feed-in tariff for a maximum period of 12 years from the start of the entitlement to the feed-in tariff.

Paragraph 2 is valid for the 258/2011 As of 25 March 2011.

However, the producer of electricity does not have access to the feed-in tariff:

(1) the electricity produced in the wind farm, in the biogas plant or in the forestry sector, which exceeds the total quantity laid down in the order of approval pursuant to Article 15 (2) (3);

(2) more than eur 750 000 for electricity produced in the wood-fuel power station for four consecutive tariff periods.

Paragraph 2 is valid for A 258/2011 As of 25 March 2011.

More detailed provisions on the allocation of the calendar year for tariff periods and the amount of electricity production which are based on the payment of the feed tariff may be adopted by a Council Regulation.

§ 17
Prior information on the operational and financial conditions for the production of electricity

The Energy Market Agency shall, on written application by the electricity producer, provide information as to whether the project fulfils the operational and economic conditions provided for in Article 7 (1) ( Prior information ). Prior information shall be provided for a fixed period, but not more than two years. The application shall include a description of the operational and financial conditions for the production of electricity at the discretion of the authorities.

The Energy Market Agency shall comply with prior information when it takes the decision referred to in Article 15.

More detailed provisions on the application may be adopted by a Council Regulation.

§ 17a (6 JUNE 2014/434)
Application for a quota to increase the total capacity of wind turbines

The producer of electricity may apply for the establishment of a quota for the planned wind power station in the Energy Agency ( Quota decision ). The entitlement to a quota decision shall be the producer of electricity which was the first to submit an application as provided for in paragraph 2.

Applications may be made when the wind farm turbines are subject to land use and building law (132/1999) The construction permits or measures referred to in Article 2 (1) of Regulation (ec) No 1241/ Euratom of the European Parliament and of the Council of 18 December 1992 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the protection of the environment. The application shall contain studies on the electricity generator, the wind power station and the rated power of the generators, the timetable for the implementation of the investment and the other information needed to assess and resolve the issue.

More detailed provisions on the application for a quota decision may be adopted by a Council Regulation.

Article 17b (6 JUNE 2014/434)
Quota decision on the wind energy sector

The Energy Agency shall take a quota decision if the application complies with the conditions laid down in Article 17a and is not an obstacle provided for in this Act. The quota decision shall include information on the electricity generator, the wind power station and the combined rated power of the generators and the location of the wind farm.

An application for a quota decision shall be rejected by the Energy Agency if there are compelling reasons to suspect that due to the large number of wind turbines at wind turbines or other reasons, the electricity producer does not have the conditions or apparently to make an application For approval of the feed-in tariff system. The Energy Agency shall also reject applications for a quota decision after the total capacity of wind power plants for the adoption of decisions and quota decisions to be adopted in the feed-in system and in accordance with Article 9 (2) The pilot project of the offshore wind farm has been completed for the first time. (12/05/1274)

The quota decision shall be valid for two years as the final result of the decision, but not more than 1 November 2017. (12/05/1274)

§ 17c (6 JUNE 2014/434)
Modification and transfer of the quota decision and notification requirement

Paragraph 1 has been repealed by L 23.10.2015/1274 .

Where the wind power station referred to in the quota decision is carried out in more than one stage, the Energy Agency shall, without consulting the producer of electricity, amend the quota decision by reducing the aggregate nominal power of the generators to respond to the The feed-in tariff system shall be approved in accordance with the decision approving the feed-in tariff system.

The Energy Agency shall transfer the quota decision to another electricity producer if the electricity producer mentioned in the quota decision makes a written declaration and shall provide the necessary information on the time of the shipment and the transfer of this consent To the Energy Agency.

The decision to amend and transfer the quota decision shall be valid in accordance with the quota decision adopted pursuant to Article 17b.

Details of the nominal power change and the notification of the transferee may be laid down by a decree of the Council.

Article 17d (6 JUNE 2014/434)
Withdrawal of the quota decision

The Energy Agency may withdraw the quota decision if:

(1) the application or its annexes contain incorrect or incomplete information which has materially affected the decision or consideration thereof; or

(2) the electricity producer has substantially failed to comply with the notification obligation under Article 17c (1) or to provide incorrect or incomplete information in the notification and the comments made to the electricity producer concerned; and The warnings have not led to remedial action.

The Energy Agency shall decide that the quota decision shall be withdrawn if the electricity producer makes an application.

ARTICLE 18
Lapsing of the approval decision

The approval decision shall lapse when the electricity producer no longer has the right to a feed-in tariff pursuant to Article 16.

The Energy Market Agency may decide that the approval decision shall lapse if:

(1) the operation of the power plant has been interrupted continuously for a continuous period of at least one year from the generator of electricity;

(2) the operation of the power plant has not been initiated or measures relevant to the commencing of its operation within five years of the final adoption of the approval decision; or

(3) the property of the electricity producer has been foreclosed, has been liquidated or has been filed for bankruptcy, or the court has taken a decision to initiate a debt arrangement or restructuring proceedings against him.

The Energy Market Agency shall decide that the approval decision shall lapse if the producer of electricity submits an application.

§ 19
Amendment of the approval decision

The Energy Market Agency may amend the decision of approval in the event of a permanent change in the provision of the order in the decision.

To increase the total nominal power or the total production of electricity specified in the decision of the application, or to obtain a heat premium for electricity produced in the biogas plant or for the purpose of obtaining a gas preempt in the forest extraction plant The electricity produced can be made by a producer of electricity. (30.11.2012/687)

The application shall be accompanied by the plan and verifications referred to in Article 14 (4). The decision on the application shall be subject to the provisions of Article 15 of the decision approving the feed-in tariff system.

§ 20
Withdrawal of the approval decision

The Energy Market Agency may withdraw the approval decision if:

(1) the application or its annex contains incorrect or incomplete information which has materially affected the decision or otherwise related to the judgment; or

(2) the location of the power plant or the network connection no longer complies with the requirements laid down in Article 7, one of the conditions for approval of a power plant provided for in Articles 8 to 11 is no longer fulfilled, or the electricity producer has been substantially disregarded or infringed in this law; And the comments and warnings given to the electricity producer concerned have not led to any shortcomings in the operation.

ARTICLE 21
Delegation of the approval decision

The Energy Market Agency shall transfer the approval decision to another electricity producer if the management of the power plant mentioned in the decision is transferred to another electricity producer and the production of electricity remains operational and economic. For the purposes of transmission, the electricity producer shall notify the Energy Market Agency in writing of the transmission of power plant management and provide the necessary information on the time of transfer and the transfer of this consent.

In the case of a power plant under its control, the transferee shall assume the obligations laid down in this Act and shall be entitled to a feed-in tariff after having been informed of the transfer of the decision.

At the same time, when deciding to transfer the approval decision, the Energy Market Agency shall review the approval decision in respect of the matters referred to in Article 15 (2).

More detailed provisions may be notified by a decree of the Council of Ministers.

§ 22
General obligations of the electricity producer

The electricity market producer shall immediately inform the Energy Market Agency:

(1) permanent changes relating to the condition laid down in Articles 7 to 11 or the criterion of the provision of the order of approval;

(2) changes in the management relationships of a power plant approved in the feed-in system;

(3) delays in the introduction of a power plant approved in the feed-in system; and

4) over three months of a disruption of electricity production.

The producer of electricity shall maintain reliable records of the fuels used in the power plant and their energy content by the tariff intermittent if it is possible to use different fuels in the power plant.

The producer of electricity shall maintain reliable records of the useful use of heat generated in the Wood fuel power station or in the biogas plant referred to in Article 10 (2), and the overall efficiency of that power plant.

The rules to be notified and the accounts referred to in paragraphs 2 and 3 may be issued by a Council Regulation.

Chapter 3

Payment of the pass tariff

ARTICLE 23
Target price and variable production aid (30.11.2012/687)

The target price for electricity produced in the wind power plant, in the biogas plant and in the wood-fuelled power plant, approved for the feed-in system, is EUR 83,50 per MWh.

In the case of a forest-seeking power plant approved in the Feed Scheme, variable production aid is to be paid in such a way that the use of a forest application as a fuel for the production of combined heat and power will remain competitive compared with peat. (30.11.2012/687)

§ 23 is in force 258/2011 As of 25 March 2011.

§ 24
Production of electricity at the target price and variable production aid

The production of electricity at the target price and the variable production aid is the electricity generated by the power plant generator, minus the electrical energy consumed by the power plant's own use equipment. Equipment shall be regarded as self-serving equipment for the power plant equipment and machinery required to produce electricity or electricity and heat and to maintain production capacity and to eliminate the environmental damage caused by the installation; or Reduction.

For the purposes of the target price and the variable production refund, the production of electricity shall be determined on the basis of the instrument category of the system operator to which the electricity producer has joined. The production of electricity may also be determined on the basis of the meter reading of the electricity producer or the electricity user in the case of electricity from non-distribution networks. However, the production of electricity does not justify the target price or the variable production aid from the hours when the market price for the power plant in the power plant is negative.

In the biogas plant, the target price only justifies the generation of biogas based on biogas production. In the wood-fuelled power plant the target price only justifies the production of electricity based on wood fuel. The production aid variable in the forest-seeking power plant only justifies the production of electricity based on woodland.

More detailed provisions on the target price and the production of electricity for variable production aid may be adopted by the Government Decree.

ARTICLE 25
Feeding tariff

The target price for electricity production eligible for the target price at the wind power plant, the biogas plant and the wood-fuelled power plant is the target price, less the average for the three-month electricity market price of the power plant.

If the average market price for electricity during a three-month period is less than EUR 30 per MWh, the target price shall be paid less by EUR 30 per megawatt-hour.

For the purpose of production aid, electricity production eligible for production aid shall be subject to a variable production rate, determined on the basis of the following criteria:

(1) the difference between the charging capacity and the tax-free price of the peat for the production of electricity and taking into account the efficiency of the type-installation;

2) the tax of peat; and

3) the cost legal cost of the peat and the average of the three-month market price for allowances.

(30.11.2012/687)

The variable production refund shall be 60 % of the feed-in tariff determined pursuant to paragraph 3, provided that the forest application is made from a wood pulp or fibrous wood suitable for the processing of frozen wood. (20.3.2015)

L to 261/2015 The amended paragraph 4 shall enter into force at the time of the adoption of the Council Regulation. The previous wording reads:

More detailed provisions on the feed-in tariff, the market prices for electricity and allowances and the calculation of variable production aid can be adopted by a Council regulation.

More detailed provisions on the feed-in tariff, the market prices for electricity and allowances, the calculation of variable production aid and a reduced rate of production aid for electricity from which a reduced production aid is paid may be adopted by the Government Decree. (20.3.2015)

§ 26
Heat-preemics increased supply tariff

The heating premium shall be EUR 20 per megawatt per MWh of electricity produced in the wood fuelled power plant and EUR 50 per megawatt-Wh in the biogas power plant.

Article 1 (1) applies 258/2011 As of 25 March 2011.

The heat premium shall be paid if the wood fuelled power plant or the biogas plant in the context of the production of electricity produces heat efficiency and the total efficiency of the power plant over the tariff period ending and the preceding three tariff periods: On average had been in accordance with Article 11 (5). Furthermore, the biogas plant requires it to be approved as a power plant within the meaning of Article 10 (2) of the feed-in system.

If the wood-fuelled power plant or the biogas plant has been included in the feed-in-tariff system for a shorter period than the four tariff period, the feed-in tariff shall be increased by the heat premium if the power plant has been found to comply with Article 10 (2). Or the conditions laid down in Article 11 (4) and (5).

Paragraph 24 provides for the target price and the production of electricity for variable production aid, including the production of electricity which justifies the heat premium.

More detailed provisions on the production of electricity from the heat premium and the heat premium may be adopted by the Government Decree.

§ 26a (30.11.2012/687)
Feeding tariff raised with gaseous premium

In the case of a forest-seeking power plant approved under Article 8 (2) of the EEC system, the electricity generated by an increase in the supply tariff is paid in order to ensure the profitability of the carburettor, according to the tax on peat, in so far as the electricity Has been produced in the dust furnace in a wooded form which is first gassed in a carburetor.

Paragraph 24 provides for the production of electricity for the purposes of the target price and the production aid for variable production, as well as for the production of electricity.

More detailed provisions on the production of electricity from the gas premium and the gas premium may be adopted by a Council regulation.

§ 27
Report for payment of the feed-in tariff

The producer of electricity shall draw up a reliable statement under Article 24 on the basis of the target price and the variable production aid, on the basis of Article 26, and on the basis of Article 26a on the production of electricity from a power plant eligible for the gas premium. (30.11.2012/687)

More detailed provisions on the content of the report and the date on which it is drawn up may be adopted by a Council regulation.

ARTICLE 28
Absorption of the feed-in tariff

Within two months of the end of the tariff period, the electricity producer shall submit an application to the Energy Market Agency to obtain a supply tariff.

The application for a feed-in tariff for the electricity produced by a forestry application may be limited to a maximum of four consecutive tariff periods. In order to obtain a supply tariff, the electricity producer shall submit an application to the Energy Market Agency within two months of the end of the last tariff period to be applied.

The application shall include an explanation as referred to in Article 27, the verification of the adequacy of the information provided in the report and the correct and sufficient information on the other aspects necessary for the payment of the feed tariff.

On the basis of the application, the Energy Market Agency shall decide on the amount of the supply tariff to be paid to the electricity producer.

More detailed provisions on the submission of an application, the information to be provided in the application and their verification and the determination of the level of the feed-in tariff may be laid down by a Council Regulation.

§ 29
Payment of the tariff to the generator of electricity

On the basis of electricity produced in a power plant approved in a power plant approved by the Energy Market Agency, the Energy Market Agency shall pay the electricity producer if the electricity producer has submitted an application to the Energy Market Agency in accordance with Article 28.

The payment of the gaseous premium is subject to the assessment of the compatibility of the aid received by the electricity producer with the common market. (30.11.2012/687)

Chapter 4 (22.12.2011-1426)

(22.12.2011-1426)

Chapter 4 is repealed by L 22.12.2011/1426 .

Chapter 5

Verifiers

ARTICLE 38
Conditions for approval

The applicant shall be admitted:

(1) which is independent of the certification tasks referred to in this Act;

(2) with sufficient professional, independent staff for certification tasks;

(3) with equipment, equipment and systems required for operation; and

(4) which, having regard to the nature and extent of the activity, has sufficient liability insurance or other equivalent sufficient to be considered sufficient.

More detailed provisions on the conditions for approval may be laid down by a Council regulation.

ARTICLE 39
Approval of verifier

The Energy Market Agency shall, on application, approve the Finnish Community or the Foundation or any such part as a verifier, if the conditions laid down in Article 38 have been demonstrated by the law on the qualification of conformity assessment services (1920/2005) In accordance with the provisions

The approval decision shall specify the area of competence of the verifier and shall, in order to safeguard public and private interests, take the necessary measures concerning the activities of the verifier. The decision may be adopted for a limited period.

The verifier approved in a State belonging to the European Economic Area shall be treated as the verifier referred to in paragraph 1 if the verifier is an entity or a foundation, or a foundation or fulfils the conditions laid down in Article 38 and has complied with the conditions laid down in Article 38; The corresponding procedure provided for in the Law on the qualification of conformity assessment services.

More detailed provisions on the procedure in which the verifier is adopted and the assessment of the conditions for approval may be adopted by a Council Regulation.

ARTICLE 40
Duties of the verifier

Certificates referred to in Articles 14 and 28 shall be issued.

The verifier shall monitor the development of the provisions and standards in its field of activity and shall cooperate with other verifiers in its field of activity, as necessary to ensure consistency between operating practices.

The verifier shall inform the Energy Market Agency of any changes which may have an impact on the fulfilment of the conditions laid down in Article 38.

Each year the verifier shall submit to the Energy Market Agency a report on its activities and its results.

Details of the verifier's tasks and the performance of the verifier and the clearing obligation may be laid down by a Council Regulation.

ARTICLE 41
Other legislation applicable to the verifier

In the exercise of public administrative functions within the meaning of this Law, the verifier shall comply with the provisions of the law on public authorities' activities. (18/09/1999) , by law in the field of electronic business (2003) , administrative law (2003) And languages (2003) Provides.

The worker employed by the verifier shall be subject to the provisions relating to criminal law in the performance of his duties as referred to in paragraph 1.

Liability for damages is governed by the law on damages (1999) .

ARTICLE 42
Modification and withdrawal of the decision approving the verifier

The Energy Market Agency may amend the competence area as defined in the Decision approving the verifier. Article 38 and Article 39 (1) shall apply to the modification of the area of competence as provided for by the verifier and its conditions. The Agency may also amend the order provided for in the Decision if it is necessary to ensure that the verifier's duties are carried out properly. The amendment of the order shall apply, as provided for in Article 39 (2), on the content of the approval decision. The matter of the modification of the qualification area and of the order may also be initiated upon application by the verifier.

The Energy Market Agency may revoke the decision approving the verifier if:

(1) incorrect or incomplete information given in the application or in its Annex which has materially affected the discretion of the decision;

(2) the verifier no longer fulfils the conditions for recognition or the verifier has materially failed or infringed the obligation or restriction laid down in this Act, or the order given to the verifier; Observations and warnings have not led to remedial action.

Chapter 6

Control

ARTICLE 43
Right to information

The Energy Market Agency shall have the right to obtain the information necessary for monitoring compliance with the provisions of this law from electricity producers and network operators.

The Agency shall have the right, notwithstanding the secrecy provisions, to obtain from other authorities the information necessary for monitoring compliance with the provisions of this Act:

1) the financial position of the electricity producer;

(2) investment aid for electricity producers and other State aid;

(3) other aspects of the producer of electricity which are relevant for the acceptance of the feed-in tariff system or for the allocation, payment, suspension or recovery of the feed-in tariff. (22.12.2011-1426)

Without prejudice to the confidentiality rules, the verifiers shall be obliged to provide each other with the information necessary for the cooperation of the verifiers and the information necessary for the purposes of monitoring the Energy Market Agency.

ARTICLE 44
Transmission of information

Without prejudice to confidentiality rules, the Energy Agency shall be entitled to dispose of the information it receives in the performance of the tasks referred to in this Act: (6 JUNE 2014/434)

1) the prosecution and the police to prevent and investigate the crime;

(2) to be forwarded to the Ministry of Employment and the Economy for transmission to the competent institution of the European Union or to any other body of the Union if, in the legislation of the European Union or of other obligations relating to Finland's membership of the European Union, Required. (6 JUNE 2014/434)

ARTICLE 45
Inspection rights of the authority

The Agency shall be entitled to access to the power plant and other premises and areas controlled by the electricity producer or verifier, and to the place where the system operator is located, if it is necessary for the supervision provided for in this law, And to carry out checks there and to take other measures necessary for monitoring. However, in the case of permanent residence, control measures may be extended only if there are reasonable grounds for suspecting that (39/1889) Article 16 (8) Or the offence referred to in Article 29 (5) or (6), and the verification is necessary in order to establish the facts of the case.

When carrying out an inspection, the Energy Market Agency shall have the right to take possession of the documents and other material of the electricity producer, verifier and the system operator, if it is necessary for the purpose of carrying out the audit. The material shall be returned without delay when carrying out the inspection no longer requires possession of the material.

The electricity producer, the verifier and the system operator must assist the Energy Market Agency in carrying out the inspection.

ARTICLE 46
Correction of a violation or omission

The Energy Market Agency may:

(1) prohibit any violation of this law or of any provision or provision adopted pursuant to it, the continuation or repetition of a provision contrary to a provision or order; and

(2) order the person in breach of this law or of any provision or provision adopted pursuant to it to fulfil its obligations.

The Energy Market Agency may intensify its prohibition or orders pursuant to this Act, under penalty payments, or at the risk of commissioning or suspension, as in the case of the (1113/1990) Provides.

§ 47 (30/06/2012)
Official assistance

Police officers' obligation to provide administrative assistance (872/2011) in Chapter 9 of Chapter 9 . The customs authorities shall, where necessary, be obliged to provide administrative assistance in order to monitor compliance with this law and the provisions adopted pursuant to it.

ARTICLE 48
Infringement of the non-feeding rules

Every intention or carelessness

(1) infringes the obligation laid down in Article 22 (1) (1) or Article 22 (2) or (3); or

(2) to provide incorrect information in the report referred to in Article 27;

Shall be condemned, unless the law provides for a heavier penalty in the rest of the law, Infringement of the feed-in rules Fine.

(22.12.2011-1426)

However, the act referred to in paragraph 1 shall not be punishable if, in the light of the act, its harmfulness and harmfulness and other aspects of the act are of minor importance.

Any violation of a penalty or order made by a periodic penalty payment under Article 46 may be waived for the same offence.

ARTICLE 49
Interruption of payment

The Energy Market Agency may decide to suspend the payment of the supply tariff if: (22.12.2011-1426)

(1) there are grounds for suspecting that the electricity producer is in the procedure referred to in Article 18 (2) (3) or that the conditions laid down in Articles 7 to 11 are no longer fulfilled; (22.12.2011-1426)

(2) there are grounds for suspecting that the electricity producer does not provide correct or sufficient information for the purpose of the aid to be paid or otherwise materially fails or infringes the obligation or restriction provided for in this law; or The provision in the decision approving the feed-in tariff system; or

(3) the electricity producer has not complied with the prohibition or order issued pursuant to Article 46.

The Energy Market Agency shall suspend payment if the electricity producer has failed to comply with the Law on the application of certain provisions of the European Communities (300/2001) And the recovery decision.

The suspension of payments shall also apply to the suspension of the payment of State aid by Article 19 (3) of the State Aid Act.

The Energy Market Agency may withdraw its decision to suspend payment if the electricity producer has remedied the deficiency or omission.

Chapter 7

Restoring aid and recovery

§ 50 (22.12.2011-1426)
Return

The producer of electricity shall, without delay, return incorrectly, too much or manifestly wrongly received a feeder tariff or part thereof. If the amount returned is not more than EUR 10, it may not be returned.

ARTICLE 51
Recovery recovery

The Energy Market Agency shall, by decision, provide for the recovery of the feeder tariff already paid if the electricity producer: (22.12.2011-1426)

(1) has not complied with the decision referred to in Article 49 (2); or

(2) has failed to restore the supply tariff or part thereof which, according to Article 50, must be returned. (22.12.2011-1426)

The Energy Market Agency may order the recovery of the already paid input tariff or part thereof, if the electricity producer: (22.12.2011-1426)

1) is in the procedure referred to in Article 18 (2) (3);

(2) do not provide correct or sufficient information for the determination of the aid to be paid; or

(3) has refused to provide the information referred to in Article 43 (1) or the material referred to in Article 45 (2) or to assist in the examination in accordance with Article 45 (3).

Article 21 (3) and Article 22 (3) of the State Aid Act provide for recovery of the recovery of the State aid.

ARTICLE 52
Interest and interest on late payments

The rate of interest to be paid and the amount to be recovered and the interest for the delay shall apply, as provided for in Articles 24 and 25 of the State Aid Act and the interest payable on the amount of the State aid to be recovered and recovered, and From the interest rate.

ARTICLE 53
Deadline for recovery and return

The Energy Market Agency shall take a decision on recovery without delay after the Energy Market Agency has become aware of the fact referred to in Article 51.

The recovery of a pitching tariff or any interest or interest on late payment shall not be allowed to take place after ten years have elapsed since the decision to lapse or withdraw the approval decision. Similarly, the obligation to restore the supply tariff under Paragraph 50 shall lapse after 10 years of expiry or withdrawal of the approval decision.

Paragraph 3 has been repealed by L 22.12.2011/1426 .

ARTICLE 54
Drying

The Energy Market Agency may decide that the amount to be recovered or recovered will be offset. Article 30 of the State Aid Act provides for a refund of the amount of the State aid to be recovered or recovered.

The Energy Market Agency may decide that the feed-in tariff to be paid in accordance with Article 29 shall be offset by the (12/04/2013) The amount of the wind power charge to be carried out. The Energy Market Agency shall inform the electricity producer of the receipt. (28 JUNE 2013/491)

Chapter 8

Outstanding provisions

ARTICLE 55 (6 JUNE 2014/434)
Appeals to the Energy Agency Decision

The decision referred to in Articles 15, 17 and 17b, Article 18 (2) and Articles 28, 39 and 54 may require an adjustment of the Energy Agency as provided for in the Administrative Act.

The decision to amend the decision on the adjustment and the decision of the Energy Agency adopted under this Act shall be appealed against in accordance with the law on administrative law (18/06/1996) Provides. The Energy Agency in Article 17c, Article 17d (2), Article 18 (3), Articles 19 and 21, Article 42 (1) and the decision referred to in Articles 49 and 51 of this Act and the decision by which the Energy Agency has decided not to issue Article 17 The quota decision referred to in Article 17b shall not, however, be appealed against. The decision of the Administrative Court on the decision of the Energy Agency referred to in paragraph 1 shall only apply if the Administrative Court grants a licence.

The fee to be charged for the decision of the Energy Agency shall be selected in the same order as the main issue.

ARTICLE 56
Appeals against the verifier

The decision of the verifier shall not be appealed against. The decision may be applied to the verifier within 30 days of the notification of the decision.

The decision of the verifier in the course of the correction procedure shall be appealed against by the administrative court as provided for in the administrative law.

ARTICLE 57
Implementation of the decision

The decision of the Energy Market Agency pursuant to Articles 49 or 54 may be implemented in spite of the appeal, unless the Court of Appeal decides otherwise.

In spite of the appeal, the decision taken by the Energy Market Agency pursuant to Article 42 (2) or Article 46 or Article 51 of the Energy Market Act shall be complied with, unless the Court of Appeal decides otherwise.

ARTICLE 58
Payments

The general criteria for the level of payment and the amount of the charges levied by the Energy Market Agency under this Act, as well as the other criteria for payments, are laid down in the State Payment Act (150/1992) .

Charges and costs under this Act may be charged without judgment or decision in the order in which the law on the enforcement of taxes and charges (20/2007) Provides.

ARTICLE 59
Data retention

The producer of electricity shall be obliged to maintain the material for the settlement of the supply tariff, until 10 years have elapsed since the decision to lapse or retract the approval decision. (22.12.2011-1426)

More detailed provisions on data retention may be adopted by the Government Decree.

ARTICLE 60
Transmission of information to the Energy Market Agency

The producer of electricity shall submit an application to the Energy Market Agency by electronic means. (22.12.2011-1426)

Other information referred to in this Act may also be transmitted to the Energy Market Agency by means of a technical service or otherwise electronically, provided that it has been agreed in advance with the Energy Market Agency.

More detailed provisions on the transmission of information to the Energy Market Agency can be adopted by a Council regulation.

Chapter 9

Entry into force

ARTICLE 61
Entry into force

This Act shall enter into force on 1 January 2011.

By way of derogation from paragraph 1, Article 15, Article 16 (2), Article 16 (3) (2), Article 23, Article 25 (3), Article 26 (1), Article 30, Article 34 (2) and Article 62 (3) shall enter into force at the time of the State Council Regulation.

This law repeals the excise duty on electricity and certain fuels (1260/1996) , as set out in Acts 1 1 6 8/2 0 0 2, 447/2005 and 1058/2006.

Before the law enters into force, measures may be taken to implement the law.

§ 62
Transitional provisions for transitional support

Aid for electricity produced before the entry into force of the law shall be subject to the provisions in force at the time of entry into force of the law.

The feed-in tariff provided for in this Act shall be paid for the first time only after the third tariff period has expired. However, within two months of the end of that tariff period, the electricity producer may, by application to the Energy Market Agency, obtain a feeder tariff from the first two tariff periods after the entry into force of the law. The application for this shall specify the information referred to in Article 28 (2) on a tariff basis.

By way of derogation from Article 23 (1), the target price for electricity produced in the wind power station is EUR 105,30 per MWh until 31 December 2015. However, on the basis of the above target price, the input tariff shall be paid to the electricity producer for a maximum period of three years.

ARTICLE 63
Approval of the installed power plant in the feed-in tariff system

Notwithstanding the provisions of Article 14 (2), in accordance with this law, a wind turbine, biogas plant or wood fuel power station for commercial use may also be approved in accordance with this law if approval is sought Within nine months of the entry into force of the law, the Energy Market Agency.

In addition to the approval provided for in Articles 7 and 9 to 11, the authorisation for the approval of a power plant for commercial use is that the power plant and the biogas plant producing biogas have been introduced as new commercial uses. Later than 1 January 2009. By way of derogation from the provisions laid down in these articles, the power plant may be approved in the feed-in system, even if it has received State aid, provided that the State aid received including the biogas plant supplying biogas to the biogas plant is: Returned to them from the date of receipt of the aid (633/1982) (2), with an interest rate plus three percentage points.

Where the power plant has received State aid, the electricity producer shall inform the State aid authority within the meaning of the application referred to in paragraph 1 of the aid decision.

In addition to Article 14, which provides for the content of the application and the annexes to the application, the application shall be accompanied by the verifier's verification that the date laid down in paragraph 2 of this Article is fulfilled, and adequate and A reliable statement that the State aid received has been restored in accordance with paragraph 2.

In accordance with this Article, the power station's supply tariff for power generation from the power station approved to the feeder tariff system shall be reduced by the amount corresponding to the electricity producer's electricity and certain fuel excise duty The amount paid under Article 8.

THEY 152/2010 , TAVL 37/2010, MmVL 21/2010, YmVL 20/2010, EV 241/2010

Entry into force and application of amending acts:

22.12.2011/1426:

This Act shall enter into force on 1 January 2012.

Fixed electricity produced before the entry into force of the law shall be subject to the provisions in force at the time of entry into force of the law.

Notwithstanding the law on production aid for electricity from renewable energy sources (1396/2010) (2) provides for the entry into the feed-in system under the provisions in force at the date of entry into force of this Act and in accordance with the provisions of Article 63 (2) to (5) of the Electricity Production Account for renewable energy sources; Also approve a wind power station and a biogas plant for commercial use, if approval is requested from the Energy Market Agency within three months of the entry into force of the law.

THEY 124/2011 , EV 101/2011, TaVM 11/2011

30.11.2012/6870

This Act shall enter into force on 1 January 2013.

The electricity produced from 1 January 2013 shall be subject to production aid as provided for in this Act. The aid for electricity produced before that date shall be subject to the provisions in force at that time.

THEY 107/2012 , TaVM 7/2012, EV 93/2012

28.6.2013/491:

This Act shall enter into force on 1 July 2013.

THEY 55/2013 , TaVM 18/2013, PuVL 7/2013, EV 84/2013

30.12.2013/1173:

This Act shall enter into force on 1 January 2014.

THEY 16/2013 , HaVM 20/2013, EV 207/2013

6.6.2014/434:

This Act shall enter into force on 30 June 2014. However, Article 9 (2) and Article 15 (3) (2) shall enter into force at the time of the Council Regulation.

15/2014 , TaVM 2/2014, EV 34/2014

20 MARCH 2015/261:

This Act shall enter into force at the time of the Council Regulation.

The variable production refund shall be paid in accordance with Article 25 (4) from the electricity produced from the beginning of the third calendar year following the entry into force of this Act.

THEY 360/2014 , TaVM 32/2014, MmVL 52/2014, EV 331/2014

23.10.2015/1274:

This Act shall enter into force on 26 October 2015.

In the case of an application for approval of a wind-power station, which is pending as provided for in Article 14, when this Act enters into force, the provisions in force at the date of entry into force of this Act shall apply.

THEY 15/2015 , TaVM 3/2015, EV 8/2015