Key Benefits:
Decision of 16 October 2007 laying down rules on the granting of grants for the production of renewable electricity, renewable gas and electricity generated by cogeneration (Decision encouraging sustainable use of electricity and gas) Energy production)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Economic Affairs of 17 July 2007, No WJZ 7085218;
Having regard to Article 3 of the framework Act, EZ-subsidies ;
The Council of State heard (opinion delivered on 23 August 2007, No W10.07.0257/III);
Having regard to the further report of our Minister of Economic Affairs of 10 October 2007, No WJZ 7112075;
Have found good and understand:
1 In this Decision and the provisions based thereon, the following definitions shall apply:
a. Renewable energy sources: wind, solar energy, geothermal, ambient heat, osmosis, wave energy, tidal energy, hydropower, biomass, landfill gas, sewage treatment gas and biogas;
b. biomass: the biodegradable fraction of products, waste and residues of agriculture-including plant and animal substances-, forestry, fisheries and aquaculture and related industries, as well as the biodegradable fraction of industrial and municipal waste;
c. Renewable electricity: electricity generated in a production plant exclusively using renewable energy sources, as well as electricity generated from renewable energy sources in a hybrid production plant which also works with conventional energy sources, including electricity generated from renewable energy sources and used for accumulating systems, and excluding electricity coming from accumulating systems;
d. Gas: gas as intended Article 1, first paragraph, part b, of the Gas Act ;
e. Renewable gas: gas, generated in a production plant which uses only renewable energy sources, as well as gas, generated from renewable energy sources in a hybrid production plant which is also fossil energy sources used;
f. one Nm 3 Natural gas equivalent: the amount of gas with a combustion value corresponding to one Nm 3 natural gas of standard Groningen quality under normal conditions;
g. Renewable heat: heat generated in a production plant exclusively using renewable energy sources, as well as heat, generated from renewable energy sources in a hybrid production plant in which other energy sources, with the exception of heat derived from accumulating systems;
h. Production plant: a combination of facilities producing renewable electricity, renewable gas or renewable heat, using a set of provisions to understand all the resources available are linked to the production of renewable electricity, renewable gas or renewable heat;
(i) producer means any person who maintains a production facility;
j. mains power grid: a grid as intended Article 1, first paragraph, part i, of the 1998 Electricity Act and a power grid located within the Dutch exclusive economic zone which is connected to a grid as intended Article 1, first paragraph, part i, of the 1998 Electricity Act ;
k. gas grid: a grid as intended Article 1, first paragraph, part d, of the Gas Act ;
(1) 'Guarantee of origin' means a guarantee of origin for the purpose of Article 1 (x) of the Electricity Act 1998 ;
m. pooled request: pooling of up to 250 applications for grant aid within a single subsidy ceiling in one application for grant-granting;
n. Production plant for the production of renewable electricity using wind energy at sea: a production facility established at a distance of more than one kilometre from the low-water line, intended in the Article 1, second paragraph , and 2, first paragraph, of the Dutch Territorial Sea Borders Act and which is not located within a municipal border, by which renewable electricity is produced using wind energy;
o. phase: the period laid down by ministerial arrangement within which the applications are to be received. For each phase, a different opening date shall apply;
p. MEP: the subsidy granted for the production of renewable electricity, climate neutral electricity or electricity generated by cogeneration based on the Article 72m of the Electricity Act 1998 ;
q. OV-MEP: the subsidy scheme to generate renewable electricity in fermentation facilities;
r. Renewable energy directive: Directive No 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directive 2001 /77/EC and Directive 2003 /30/EC (PbEU 2009, L 140).
2 By ministerial arrangement other renewable energy sources, other than those mentioned in paragraph 1 (a), may be designated.
3 In the case of a ministerial arrangement, the term 'use of renewable heat' means the use of renewable heat.
For the purposes of this Decision and the provisions based thereon, the equivalent of one kWh shall be equal to the amount of electric energy corresponding to 0,102359965 Nm 3 natural gas equivalent or 0,0036 GJ.
1 Our Minister may grant subsidies on request for:
a. The production of renewable electricity to a renewable electricity producer for a specified period of time the difference between the average cost of this renewable electricity and the relevant average market price of renewable electricity. offset in whole or in part electricity;
b. Production of renewable gas to a renewable gas producer for a specified period of time the difference between the average cost of this renewable gas and the relevant average market price of gas in whole or in part compensate;
c. production of renewable heat to a producer of renewable heat to provide, for a specified period of time, the difference between the average cost of this renewable heat and the relevant average market price of heat partly to compensate.
2 In the case of a ministerial arrangement, a separate subsidy ceiling or more than one subsidy ceiling for the grant of subsidies for all categories of production facilities shall be established by category of production facilities after consultation with our Minister of Finance. the production of renewable electricity, renewable gas or renewable heat.
3 In the case of a ministerial arrangement, the method of distribution of a subsidy ceiling is determined.
4 By ministerial arrangement, periods may be fixed within which applications are to be received.
5 By ministerial arrangement, a separate maximum production in kWh, or for several categories of production, can be determined per category of production facilities, one maximum production in kWh eligible each year for subsidy.
6 By ministerial arrangement, for the production of renewable electricity using wind energy at sea by location a separate maximum production in kWh, or for multiple locations combined, can set one maximum production in kWh which are eligible each year for the grant.
1 No grant as referred to in Article 2, first paragraph , if the same production facility is already granted on the basis of the MEP or the OV-MEP more than € 0,00, unless:
a. it concerns a production facility with which renewable electricity, renewable gas, renewable heat or renewable heat and renewable electricity is produced through biomass and is one of a ministerial level. Scheme designated category of production facilities;
(b) the installation of the production plant is substantially increased in capacity or entirely;
c. is a production plant which is undergoing major renovation and which belongs to a category of production plant to be refurbished under a ministerial arrangement;
d. is a production plant for which renewable heat produced for the first time will be used, and which belongs to a category of production plant designated by ministerial arrangement.
2 No grant as referred to in Article 2, first paragraph , where a grant has already been granted under this Decision for the same production plant, unless:
a. it concerns a production facility with which renewable electricity, renewable gas, renewable heat or renewable heat and renewable electricity is produced through biomass and is one of a ministerial level. Scheme designated category of production facilities;
(b) the installation of the production plant is substantially increased in capacity or entirely;
c. is a production plant which is undergoing major renovation and which belongs to a category of production plant to be refurbished under a ministerial arrangement;
(d) the production plant has not been put into service, at least three years have elapsed from the date of the decision on the grant of subsidy and that decision has been withdrawn by Our Minister.
3 No grant as referred to in Article 2, first paragraph , shall be provided if the production plant has been put into service before the date on which the grant was applied for and for which no grant under the MEP, the OV-MEP or this decision has been granted, unless:
(a) an existing production plant which will make use of renewable energy for the first time and which belongs to a category of production plant designated under a ministerial arrangement;
(b) the installation of the production plant is substantially increased in capacity or entirely;
c. is a production plant which is undergoing major renovation and which belongs to a category of production plant to be refurbished under a ministerial arrangement;
d. it concerns an existing production plant for the production of renewable heat and renewable electricity which will, for the first time, use the heat useful and which belongs to a category designated under a ministerial arrangement production facilities.
4 No grant as referred to in Article 2, first paragraph , where a production plant consists wholly or in part of materials used, unless it is a production plant belonging to a category of production plant designated under a ministerial arrangement.
5 No grant as referred to in Article 2, first paragraph , shall be provided if the production facility generates renewable electricity or renewable heat from a renewable energy source containing or consisting of renewable gas from one or more production plants to which grant has been granted pursuant to this Decision.
6 In the case of ministerial arrangements, rules may be laid down on the application of the second to the fifth member.
1 Our Minister may already receive or receive public aid or aid granted in the future or in receipt of State aid which leads to the total state aid granted to the producer exceeding that permitted under the conditions laid down in the -Obligations in force under a Treaty, deducted from the subsidy referred to in Article 2, first paragraph .
2 The decision to grant a grant for a production plant for the production of renewable electricity or renewable electricity and renewable heat with a rated power equal to or greater than 250 MW:
a. may be granted under the suspensive requirement of obtaining approval from the European Commission in the framework of State aid;
(b) may be amended in order to obtain the approval of the European Commission in the framework of State aid.
If there is a situation as referred to in Article 3, first paragraph, part b, second paragraph, part b or third member, part b , comes only renewable electricity, renewable gas and renewable heat that is additional to grant eligible as a result of this expansion.
If there is a situation as referred to in Article 3 (a) (a) , and therefore, for the same period, or partly for the same period, multiple decisions have been issued for the same production plant and the same kind of renewable energy, renewable electricity will be produced in a calendar year. renewable gas or the renewable heat produced in additional production under a subsequent decision shall be eligible if the eligible production of the decision or decisions previously issued has been fully utilised.
1 The period for which a grant is granted starts on the date indicated by the grant recipient, except that the period for which the grant is granted starts not later than in the period covered by the grant aid. Article 61, first paragraph , fixed term within which the production plant must be put into service.
2 Our Minister may, at the request of the grant recipient, change the time of commencement of the grant period up to three times except that this request will be submitted no later than the date of entry into service of the grant. the production installation, and that this time is not determined later, than within the Article 61, first paragraph , fixed term.
3 Our Minister may at the request of the grant recipient, for a project for the production of renewable electricity with a rated power equal to or greater than 100 MW and which belongs to a category designated by ministerial arrangement production facilities, provide that the time of the start of the period for which the grant is granted differs for a maximum of five parts of the decision on the grant of subsidy. There's a period of at least two months between the start dates.
A ministerial arrangement shall determine the period for which a category of producer aid is to be granted. This period may be different for different categories of production installations or different methods of distribution of the available amount. Where a category of production plant under ministerial arrangement is designated as a category of production plant within the meaning of the Article 15, third paragraph , 23, third member , 32, third member , 40, third member , 48, third member , or 55, third member , at the request of the grant recipient, our Minister may extend the period for which grant aid is granted for up to one year to produce the unused number of kWh eligible for subsidy.
1 The producer of renewable electricity produced by a category of production facilities for renewable electricity which is to be allocated by means of a regulation of our Minister may be awarded a grant.
2 By ministerial arrangement, it may be stipulated that the subsidy application for a category of production plant is limited to producers connected to a mains power grid by means of a connection with a total maximum throughput of the power supply more than 3 * 80 A.
The provisions in this paragraph shall apply where Article 2 (3) , shall be chosen for distribution by order of entry.
1 By arrangement of Our Minister, after consultation with Our Minister of Finance, a phase amount per kWh will be set per phase for the grant for the production of renewable electricity.
2 For the grant for the production of renewable electricity, the phasing amount shall apply per kWh established for the stage in which the grant applicant submits his application, unless that phase amount is higher than the basic amount established for the concerning the category of production installations referred to in Article 11 , in which case this basic amount applies.
3 In the case of an arrangement by our Minister, a maximum amount for a category of production plant may be fixed which deviates from the amount of the phase-in established under the first paragraph.
1 By arrangement of our Minister, after consultation with our Minister of Finance, a basic amount per kWh per category of production facilities shall be established for the subsidy for the production of renewable electricity.
2 The basic amount shall not exceed the average cost per kWh for the production of renewable electricity per category of production plant.
3 For the kWh eligible for subsidy, different basic amounts may apply related to:
a. the quantity of kWh produced eligible for subsidy;
b. The number of complete production of the production installation;
c. The yield of the production plant.
1 By arrangement of Our Minister, after consultation with Our Minister of Finance, for the purpose of correcting the phase-sum or basic amount, is intended to be Article 14 and determination of the amount that the grant does not exceed, intended Article 16 , a base electricity price per kWh that may vary by category of production installations. Under the control of our Minister, a separate basic electricity price per kWh may be set for electricity not fed into a power grid.
2 Within a category of production facilities, different basic electricity prices related to the quantity of kWh produced eligible for subsidy may apply.
3 The level of the basic electricity price is two thirds of the long-term electricity price.
4 If, on the basis of paragraph 1, a separate basic electricity price per kWh is set for electricity not being fed on a power grid, the number of kWh not fed to an electricity grid shall be established at the time of the application of the third paragraph and of the Articles 13 , 14, first paragraph, part a, and second member , and 16 The basic electricity price or electricity price for electricity not fed into a mains power grid.
The phase-sum of the following: Article 10 , or the basic amount, intended in Article 11 , and the basic electricity price, for the purpose of Article 12 , which apply at the time of application of the grant, shall be valid throughout the period for which a grant is granted.
1 For each grant recipient, the amount of the phaser or the basic amount in each calendar year of the grant period shall be corrected by:
a. the electricity price or, if the electricity price is lower than the Article 12 Referred to as the basic electricity price, the Article 12 the basic electricity price referred to;
(b) the value of guarantees of origin;
Other adjustments to the Ministerial Regulation which have a substantial impact on the difference between the average cost of renewable electricity and the relevant average market price of electricity and which result from from measures taken by the public authorities.
2 The electricity price referred to in paragraph 1 (a) shall be the average value for electricity, minus the cost of electricity supply to the grid and the cost of imbalance.
3 In the grant of grant aid, our Minister can provide that, in addition to the first paragraph, the amount or basic amount will be adjusted by an amount per kWh in relation to the revenue generated by the grant recipient from the the system of tradable greenhouse gas emission allowances specified in: Title 16.2 of the Environmental Protection Act .
4 By ministerial arrangement, for 1 April each year, the corrections referred to in paragraphs 1 and 4 of this paragraph and the costs of electricity supply from electricity to the net and imbalance costs referred to in paragraph 2 for the preceding calendar year shall be applied. Established, which may vary by category of production facilities and within a category of production plant if on the basis of Article 12 different basic electricity prices for a category of production plants have been established.
5 For the purposes of the provision of advance payments, the adjustments referred to in paragraphs 1 and 4 of this Article shall be fixed annually by 1 November each year for the following calendar year, which may vary according to the categories of production plant and within a category of production facilities if on the basis of Article 12 different basic electricity prices for a category of production plant are set and where for the electricity price the average value in the period 1 September to 31 August, or in a ministerial arrangement, is fixed the period to be determined prior to the calendar year and the cost of electricity supply to the net and the cost of balance sheet, the values set by the fourth paragraph. If, after 1 November, a different category of production equipment is designated under a ministerial arrangement for which a grant can be applied for, the corrections referred to in paragraphs 1 and 4 of this paragraph for the provision of advances for those products shall be granted for the purpose of category of production facilities under that ministerial arrangement.
6 If a production plant consists wholly or partly of used materials, our Minister may, in the decision on the grant of the grant, fix an adjustment to the amount in force under the first paragraph.
7 If a production facility is substantially renovated, our Minister may, in the decision on the grant of the grant, fix an adjustment to the amount in force under the first paragraph.
8 If the amount in force under the first, fourth, seventh or eighth paragraphs is negative, the amount shall be zero.
1 The subsidy received by a grant recipient is determined by:
a. Multiply by multiplying:
1 °. the number of kWh eligible for subsidy in each calendar year for which guarantees of origin have been provided which show that the producer with his renewable electricity production plant in the relevant calendar year is a has produced and fed on a power grid, renewable electricity, with
2 °. for the relevant calendar year on the basis of: Article 14 adjusted adjusted phase-sum or basic amount; and
(b) the amounts calculated in accordance with subparagraph a for each calendar year of the period for which the subsidy is provided shall be counted.
2 The number of kWh eligible each year for subsidy shall not exceed the maximum number of kWh in the grant grant decision that may vary per year and based on the capacity of the installation and the Number of full-loading. If the electricity price is negative for a certain period, the number of kWh to be eligible per year for subsidy may be subject to rules under ministerial rules in what cases and on the way where this correction is made.
3 By ministerial arrangement, a category of production facilities can be established that, if less kWh has been produced in one year than the number of kWh eligible for the subsidy in the year concerned, the difference in kWh in the number of cases in which the number of products is to be paid. KWh to be eligible for subsidy next year. Under a ministerial arrangement, a maximum, which may vary per year, may be made to the number of kWh which will be added to the number of kWh eligible for the next year.
4 In the case of a ministerial arrangement, a category of production facilities may be used to determine that, if more kWh have been produced or have been transferred from previous years than the number of kWh eligible for the subsidy in one year, Where the difference in kWh produced in a previous year less as a result of the third paragraph has already been added, the difference in kWh shall be added to the number of kWh produced in the following year. Under a ministerial arrangement, a maximum, which may vary per year, may be made to the number of kWh produced, which is added to the number of kWh produced in the following year.
5 By ministerial arrangement, for the purpose of calculating the maximum number of kWh referred to in the second paragraph, a maximum number of resale prices for a category of production plant may be determined.
6 If a grant recipient generates renewable electricity by a production plant designated under a ministerial arrangement, the first paragraph, part a, shall be added, first, to the number of kWh for each calendar year for the purpose of applying the product concerned. grant eligible and for which guarantees of origin for non-grid delivery, intended in Article 1 of the Arrangement of guarantees of origin for renewable electricity have been provided to show that the producer has produced and has supplied a quantity of renewable electricity with his production facility during the relevant calendar year.
The subsidy shall not exceed the difference between the amount of the phase-in value, Article 10 , or the basic amount, intended in Article 11 , and the basic electricity price, for the purpose of Article 12 , multiplied by the maximum number of kWh in the grant of subsidy for the entire period for which the subsidy is granted.
The provisions in this paragraph shall apply where Article 2 (3) , it is selected for distribution in order of ranking.
1 In the case of the grant application, a tender amount per kWh shall be given by the producer. In the case of a unified application, the tender amount declared by the producer shall apply to all applications forming part of the application for use in the aggregate application.
2 By way of settlement of our Minister, after consultation with our Minister of Finance, a maximum tender amount per kWh per kWh for renewable electricity is determined per category of production facilities.
3 The maximum tender amount shall not exceed the average cost per kWh for the production of renewable electricity per category of production facilities.
4 If the grant for the production of renewable electricity by offshore wind is provided by location, the producer for each location shall, on the basis of the application for the grant of the grant, act individually as a tender amount as intended entered in the first member. The combined request for two or more locations is treated as a single request.
1 By arrangement of Our Minister, after consultation with Our Minister of Finance, for the purpose of correcting the tender amount, is to be Article 22 , and the fixing of the amount by which the subsidy is not higher than the amount of the aid Article 24 , a base electricity price per kWh that may vary by category of production installations. Under the control of our Minister, a separate basic electricity price per kWh may be set for electricity not fed into a power grid.
2 Within a category of production facilities, different basic electricity prices related to the quantity of kWh produced eligible for subsidy may apply.
3 The level of the basic electricity price is two thirds of the long-term electricity price.
4 If, on the basis of paragraph 1, a separate basic electricity price per kWh is set for electricity not being fed on a power grid, the number of kWh not powered on a power grid shall apply to the electricity grid. application of the third paragraph and of the Article 21, second paragraph , 22, first paragraph, part a, and second member , and 24 The basic electricity price or electricity price for electricity not fed into a mains power grid.
1 tender amount specified by the producer, referred to in Article 19, first paragraph , during the entire period covered by the grant.
2 The basic electricity price, specified in Article 20 , which applies at the time of application of the grant, shall be valid throughout the period for which a grant is granted.
1 For each grant recipient, the tender amount shall be adjusted, in each calendar year of the subsidy period, to:
a. the electricity price or, if the electricity price is lower than the Article 20 Referred to as the basic electricity price, the Article 20 the basic electricity price referred to;
(b) the value of the guarantees of origin;
Other adjustments to the Ministerial Regulation which have a substantial impact on the difference between the average cost of renewable electricity and the relevant average market price of electricity and which result from from measures taken by the public authorities.
2 The electricity price referred to in paragraph 1 (a) shall be the average value for electricity, minus the cost of electricity supply to the grid and the cost of imbalance.
3 In the grant of grant aid, our Minister can provide that, in addition to the first paragraph, the tender amount shall be adjusted by an amount per kWh of revenue resulting from the system of marketable assets for the grant recipient. Greenhouse gas emission allowances referred to in title 16.2 of the Environmental Protection Act .
4 By ministerial arrangement, for 1 April each year, the corrections referred to in paragraphs 1 and 3 and the cost of electricity supply from electricity to the net and imbalance costs referred to in paragraph 2 for the preceding calendar year shall be applied by 1 April each year. Established, which may vary by category of production facilities and within a category of production plant if on the basis of Article 20 different basic electricity prices for a category of production plants have been established.
5 For the purpose of granting advance payments, the adjustments referred to in paragraphs 1 and 3 of this Article shall be fixed annually by 1 November each year for the following calendar year, which may vary by category of production facilities and within a category of production facilities if on the basis of Article 20 different basic electricity prices for a category of production plant are set and where for the electricity price the average value in the period 1 September to 31 August, or in a ministerial arrangement, is fixed the period to be determined prior to the calendar year and the cost of electricity supply to the net and the cost of balance sheet, the values set by the third paragraph. If, after 1 November, a different category of production equipment is designated under a ministerial arrangement for which aid can be applied for, the corrections referred to in paragraphs 1 and 3 of this Article shall be made for the purpose of the grant of the aid category of production facilities under that ministerial arrangement.
6 If the amount in force under the first or third paragraph is negative, the amount shall be zero.
1 The subsidy received by a grant recipient is determined by:
a. Multiply by multiplying:
1 °. the number of kWh eligible for subsidy in each calendar year for which guarantees of origin have been provided which show that the producer with his renewable electricity production plant in the relevant calendar year is a has produced and fed on a power grid, renewable electricity, with
2 °. for the relevant calendar year on the basis of: Article 22 applicable adjusted tender amount; and
(b) the amounts calculated in accordance with subparagraph a for each calendar year of the period for which the subsidy is provided shall be counted.
2 The number of kWh eligible each year for subsidy shall not exceed the maximum number of kWh in the grant grant decision that may vary per year and based on the capacity of the installation and the Number of full-loading. If the electricity price is negative for a certain period, the number of kWh to be eligible per year for subsidy may be subject to rules under ministerial rules in what cases and on the way where this correction is made.
3 By ministerial arrangement, a category of production facilities can be determined that if less kWh were produced in a year than the number of kWh eligible for the subsidy in the year, the difference in kWh in the number of kWh The following year shall be added to the grant. Under a ministerial arrangement, a maximum, which may vary per year, may be made to the number of kWh which will be added to the number of kWh eligible for the next year.
4 In the case of a ministerial arrangement, a category of production facilities may be used to determine that, if more kWh have been produced or have been transferred from previous years than the number of kWh eligible for the subsidy in one year, Where the difference in kWh produced in a previous year less as a result of the third paragraph has already been added, the difference in kWh shall be added to the number of kWh produced in the following year. Under a ministerial arrangement, a maximum, which may vary per year, may be made to the number of kWh produced, which is added to the number of kWh produced in the following year.
5 In the case of a ministerial arrangement, a maximum number of final stages may be determined for the calculation of the maximum number of kWh referred to in the second paragraph for a category of production plant.
6 If a grant recipient generates renewable electricity by a production plant designated under a ministerial arrangement, the first paragraph, part a, shall be added, first, to the number of kWh for each calendar year for the purpose of applying the product concerned. grant eligible and for which guarantees of origin for non-grid delivery, intended in Article 1 of the Arrangement of guarantees of origin for renewable electricity have been provided to show that the producer has produced and has supplied a quantity of renewable electricity with his production facility during the relevant calendar year.
The subsidy shall not exceed the difference between the tender amount referred to in Article 19 , and the basic electricity price, for the purpose of Article 20 , multiplied by the maximum number of kWh in the grant of subsidy for the entire period for which the subsidy is granted.
1 Our Minister may on application to a producer of renewable electricity produced by a production plant for the production of renewable electricity using wind energy at sea, to whom a grant as referred to in Article 2, first paragraph, part a , has been provided, provide subsidy for the particular and risky deployment of innovative windmills.
2 In the case of ministerial arrangements, detailed rules on the granting of this grant are laid down, providing, in any event, rules on the production facilities for which this grant is to be granted, the form of the grant, the application for a grant and its decision-making, the amount of the grant or the way in which it is determined, the determination of the grant and the payment of the grant and the granting of advances.
A subsidy may be granted to the producer of renewable gas produced by a category of renewable gas production plant under way of a regulation by our Minister.
The provisions in this paragraph shall apply where Article 2 (3) , shall be chosen for distribution by order of entry.
1 By arrangement of Our Minister, after consultation with our Minister of Finance, a phase amount per kWh will be set per phase for the subsidy for the production of renewable gas.
2 For the renewable gas subsidy, the phase-out amount shall apply per kWh established for the stage in which the grant applicant submits his application, unless that phase amount is higher than the basic amount established for the relevant category of production facilities specified in: Article 28 , in which case this basic amount applies.
3 In the case of an arrangement by our Minister, a maximum amount for a category of production plant may be fixed which deviates from the amount of the phase-in established under the first paragraph.
1 By arrangement of our Minister, after consultation with our Minister of Finance, a basic amount per kWh per category of production facilities shall be set for the subsidy for the production of renewable gas.
2 The basic amount shall not exceed the average cost per kWh for the production of renewable gas per category of production plant.
3 For the kWh eligible for subsidy, different basic amounts may apply related to:
a. the quantity of kWh produced eligible for subsidy;
b. The number of complete production of the production installation;
c. The yield of the production plant.
1 By arrangement of Our Minister, after consultation with Our Minister of Finance, for the purpose of correcting the phase-sum or basic amount, is intended to be Article 31 and determination of the amount that the grant does not exceed, intended Article 33 , a basic energy price per kWh that may vary by category of production installations.
2 The amount of the basic energy price shall be two thirds of the long-term gas price for the relevant gas application.
The phase-sum of the following: Article 27 , or the basic amount, intended in Article 28 , and the basic energy price, intended in Article 29 , which apply at the time of application of the grant, shall be valid throughout the period for which a grant is granted.
1 For each grant recipient, the amount of the phaser or the basic amount in each calendar year of the grant period shall be corrected by:
a. the energy price or, if the energy price is lower than the one in Article 29 'basic energy price' means the basic energy price referred to in Article 29;
(b) other adjustments to ministerial arrangements which have a substantial impact on the difference between the average cost of renewable gas and the relevant average market price of gas and resulting from measures taken by Government.
2 The energy price referred to in paragraph 1 (a) shall be the average value for gas for the relevant gas.
3 In the grant of grant aid, our Minister can provide that, in addition to the first paragraph, the amount or basic amount will be adjusted by an amount per kWh in relation to revenue generated by the subsidy recipient from the system of tradable greenhouse gas emission allowances specified in: Title 16.2 of the Environmental Protection Act .
4 By means of a ministerial arrangement, the adjustments referred to in paragraphs 1 and 3 shall be fixed each year by 1 April each year, which may vary by category of production installations.
5 For the purpose of granting advance payments, the adjustments referred to in paragraphs 1 and 3 of this Article shall be fixed annually by 1 November each year for the following calendar year, which may vary by category of production installations, and where for the electricity price the average value in the period 1 September to 31 August, or in a period to be determined by the ministerial arrangement, is used prior to the calendar year. If, after 1 November, a different category of production equipment is designated under a ministerial arrangement for which aid can be applied for, the corrections referred to in paragraphs 1 and 3 of this Article shall be made for the purpose of the grant of the aid category of production facilities under that ministerial arrangement.
6 If a production plant consists wholly or partly of used materials, our Minister may, in the decision on the grant of the grant, fix a correction to the subsidy amount in force under the first paragraph.
7 If a production facility is substantially renovated, our Minister may, in the decision on the grant of the grant, fix an adjustment to the subsidy amount in force under the first paragraph.
8 If the amount in force under the first, third, sixth or seventh paragraphs is negative, the amount shall be zero.
1 The subsidy received by a grant recipient is determined by:
a. Multiply by multiplying:
1 °. the number of kWh eligible for subsidy in each calendar year for which guarantees of origin have been provided that show that the producer with his renewable gas production plant in the relevant calendar year is a produced and fed on a gas grid quantity of renewable gas, with
2 °. for the relevant calendar year on the basis of: Article 31 adjusted adjusted phase-sum or basic amount; and
(b) the amounts calculated in accordance with subparagraph a for each calendar year of the period for which the subsidy is provided shall be counted.
2 The number of kWh eligible each year for subsidy shall not exceed the maximum number of kWh in the grant grant decision that may vary per year and based on the capacity of the installation and the Number of full-loading.
3 By ministerial arrangement, a category of production facilities can be determined that if less kWh were produced in a year than the number of kWh eligible for the subsidy in the year, the difference in kWh in the number of kWh The following year shall be added to the grant. Under a ministerial arrangement, a maximum, which may vary per year, may be made to the number of kWh which will be added to the number of kWh eligible for the next year.
4 In the case of a ministerial arrangement, a category of production facilities may be used to determine that, if more kWh have been produced or have been transferred from previous years than the number of kWh eligible for the subsidy in one year, Where the difference in kWh produced in a previous year less as a result of the third paragraph has already been added, the difference in kWh shall be added to the number of kWh produced in the following year. Under a ministerial arrangement, a maximum, which may vary per year, may be made to the number of kWh produced, which is added to the number of kWh produced in the following year.
5 In the case of a ministerial arrangement, a maximum number of full-load operations may be determined for each category of production plant per category of production plant referred to in the second paragraph.
6 By ministerial arrangement, a category of production facilities may be determined by the application of paragraph 1 (a), first of all, that the number of kWh eligible for subsidy in each calendar year shall be added to the corresponding figure in the has produced and produced a gas network for renewable gas in that calendar year.
7 In the case of a ministerial arrangement, a category of production facilities may be used to calculate the subsidy by way of derogation from paragraph 1 (a), first of all, that the number of kWh in each calendar year for the subsidy shall be taken into account. where the producer can show that the producer with his renewable gas production plant has produced a quantity of renewable gas in the relevant calendar year:
a. producing renewable heat that has been used usable or
b. by means of which renewable heat useful and renewable electricity has been produced, for which guarantees of origin have been provided that demonstrate that a quantity of renewable electricity has been produced and on a power grid infed or a quantity of renewable heat has been produced and used, or for which guarantees of origin for non-grid delivery, intended in Article 1 of the Arrangement of guarantees of origin for renewable electricity , have been provided to show that a quantity of renewable electricity has been produced in the relevant calendar year and has been fed into an installation.
The subsidy shall not exceed the difference between the amount of the phase-in value, Article 27 , or the basic amount, intended in Article 28 , and the basic energy price, intended in Article 29 , multiplied by the maximum number of kWh in the grant of subsidy for the entire period for which the subsidy is granted.
The provisions in this paragraph shall apply where Article 2 (3) , it is selected for distribution in order of ranking.
1 In the case of the grant application, a tender amount per kWh shall be given by the producer. In the case of a unified application, the tender amount declared by the producer shall apply to all applications forming part of the application for use in the aggregate application.
2 By way of settlement of our Minister, after consultation with our Minister of Finance, a maximum tender amount per kWh for renewable gas shall be determined per category of production facilities.
3 The maximum tender amount shall not exceed the average cost per kWh for the production of renewable gas per category of renewable gas production plant.
1 By arrangement of Our Minister, after consultation with Our Minister of Finance, for the purpose of correcting the tender amount, is to be Article 39 , and the fixing of the amount by which the subsidy is not higher than that provided for in Article 41 , a basic energy price per kWh which may vary for different categories of production installations.
2 The amount of the basic energy price is two thirds of the long-term gas price.
1 tender amount specified by the producer, referred to in Article 36 , during the entire period covered by the grant.
2 The basic energy price, for the purpose of Article 37 , which applies at the time of application of the grant, shall be valid throughout the period for which a grant is granted.
1 For each grant recipient, the tender amount shall be adjusted, in each calendar year of the subsidy period, to:
a. the energy price or, if the energy price is lower than the one in Article 29 is the basic energy price, the Article 29 'basic energy price';
(b) other adjustments to ministerial arrangements which have a substantial impact on the difference between the average cost of renewable gas and the relevant average market price of gas and resulting from measures from the government.
2 The energy price referred to in paragraph 1 (a) shall be the average value for gas for the relevant gas.
3 In the grant of grant aid, our Minister can provide that, in addition to the first paragraph, the tender amount is adjusted by an amount per kWh in relation to revenue generated by the grant recipient from the system of Marketable greenhouse gas emission allowances specified in: Title 16.2 of the Environmental Protection Act .
4 By means of a ministerial arrangement, the adjustments referred to in paragraphs 1 and 3 shall be fixed each year by 1 April each year, which may vary by category of production installations.
5 For the purpose of granting advance payments, the adjustments referred to in paragraphs 1 and 3 of this Article shall be fixed annually by 1 November each year for the following calendar year, which may vary by category of production installations, and where for the electricity price the average value in the period 1 September to 31 August, or in a period to be determined by the ministerial arrangement, is used prior to the calendar year. If, after 1 November, a different category of production equipment is designated under a ministerial arrangement for which aid can be applied for, the corrections referred to in paragraphs 1 and 3 of this Article shall be made for the purpose of the grant of the aid category of production facilities under that ministerial arrangement.
6 If the amount in force under the first or third paragraph is negative, the amount shall be zero.
1 The subsidy received by a grant recipient is determined by:
a. Multiply by multiplying:
1 °. the number of kWh eligible for subsidy in each calendar year for which guarantees of origin have been provided that show that the producer with his renewable gas production plant in the relevant calendar year is a produced and fed on a gas grid quantity of renewable gas, with
2 °. for the relevant calendar year on the basis of: Article 39 applicable adjusted tender amount; and
(b) the amounts calculated in accordance with subparagraph a for each calendar year of the period for which the subsidy is provided shall be counted.
2 The number of kWh eligible each year for subsidy shall not exceed the maximum number of kWh in the grant grant decision that may vary per year and based on the capacity of the installation and the Number of full-loading.
3 By ministerial arrangement, a category of production facilities can be determined that if less kWh were produced in a year than the number of kWh eligible for the subsidy in the year, the difference in kWh in the number of kWh The following year shall be added to the grant. Under a ministerial arrangement, a maximum, which may vary per year, may be made to the number of kWh which will be added to the number of kWh eligible for the next year.
4 In the case of a ministerial arrangement, a category of production facilities may be used to determine that, if more kWh have been produced or have been transferred from previous years than the number of kWh eligible for the subsidy in one year, Where the difference in kWh produced in a previous year less as a result of the third paragraph has already been added, the difference in kWh shall be added to the number of kWh produced in the following year. Under a ministerial arrangement, a maximum, which may vary per year, may be made to the number of kWh produced, which is added to the number of kWh produced in the following year.
5 In the case of a ministerial arrangement, a maximum number of full-load operations may be determined for each category of production plant per category of production plant referred to in the second paragraph.
6 By ministerial arrangement, a category of production facilities may be determined by the application of paragraph 1 (a), first of all, that the number of kWh eligible for subsidy in each calendar year shall be added to the corresponding figure in the has produced and produced a gas network for renewable gas in that calendar year.
7 In the case of a ministerial arrangement, a category of production facilities may be used to calculate the subsidy by way of derogation from paragraph 1 (a), first of all, that the number of kWh in each calendar year for the subsidy shall be taken into account. where the producer can show that the producer with his renewable gas production plant has produced a quantity of renewable gas in the relevant calendar year:
a. producing renewable heat that has been used usable or
b. by means of which renewable heat useful and renewable electricity has been produced, for which guarantees of origin have been provided that demonstrate that a quantity of renewable electricity has been produced and on a power grid infed or a quantity of renewable heat has been produced and used, or for which guarantees of origin for non-grid delivery, intended in Article 1 of the Arrangement of guarantees of origin for renewable electricity , have been provided to show that a quantity of renewable electricity has been produced in the relevant calendar year and has been fed into an installation.
The subsidy shall not exceed the difference between the tender amount referred to in Article 36 , and the basic energy price, intended in Article 37 , multiplied by the maximum number of kWh in the grant of subsidy for the entire period for which the subsidy is granted.
Under the arrangements of Our Minister, categories of production plants producing renewable heat or renewable electricity and renewable heat may be designated for which grant aid may be granted.
The provisions in this paragraph shall apply where Article 2 (3) , shall be chosen for distribution by order of entry.
1 By arrangement of Our Minister, after consultation with Our Minister of Finance, a phase amount per kWh will be set per stage for the grant for the production of renewable heat, or renewable heat and renewable electricity.
2 For the subsidy for the production of renewable heat or renewable heat and renewable electricity, the phase-out amount shall apply per kWh established for the phase in which the grant applicant applies complete or non-complete application, unless: that the phasing amount is higher than the basic amount determined for the category of production installations concerned, Article 44 , in which case this basic amount applies.
3 In the case of an arrangement by our Minister, a maximum amount for a category of production plant may be fixed which deviates from the amount of the phase-in established under the first paragraph.
1 By arrangement of Our Minister, after consulting our Minister of Finance, a basic amount per kWh per category of production facilities shall be established for the subsidy for the production of renewable heat or renewable heat and renewable electricity.
2 The basic amount shall not exceed the average cost per kWh for the production of renewable heat or renewable heat and renewable electricity per category of production facilities.
3 For the kWh eligible for subsidy, different basic amounts may apply related to:
a. the quantity of kWh produced eligible for subsidy;
b. The number of complete production of the production installation;
c. The yield of the production plant.
1 By arrangement of Our Minister, after consultation with Our Minister of Finance, for the purpose of correcting the phase-sum or basic amount, is intended to be Article 44 and determination of the amount that the grant does not exceed, intended Article 49 , a basic energy price per kWh which may vary by category of production facilities or by type of use of energy.
2 Within a category of production facilities, different basic energy prices may be related to the quantity of kWh produced eligible for the subsidy.
3 If, on the basis of paragraph 1, separate basic prices per kWh are determined by type of energy application, the number of kWh with a kind of application shall apply to the application of the Articles 46 , 47, first paragraph, part a, and second member , and 49 the basic energy price or energy price for the relevant type of application.
The phase-sum of the following: Article 43a , or the basic amount, intended in Article 44 , and the basic energy price, intended in Article 45 , which apply at the time of application of the grant, shall be valid throughout the period for which a grant is granted.
1 For each grant recipient, the amount of the phaser or the basic amount in each calendar year of the grant period shall be corrected by:
a. the energy price or, if the energy price is lower than the one in Article 45 'basic energy price' means the basic energy price referred to in Article 45;
(b) the value of guarantees of origin;
c. Other adjustments to ministerial arrangements which substantially affect the difference between the average cost of renewable heat or renewable heat and renewable electricity and the relevant average cost of market price of heat or heat and electricity and arising from measures taken by the government.
2 The energy price referred to in paragraph 1 (a) shall be the relevant mean value for the energy type concerned.
3 In the grant of grant aid, our Minister can provide that, in addition to the first paragraph, the amount or basic amount will be adjusted by an amount per kWh in relation to the revenue generated by the grant recipient from the the system of tradable greenhouse gas emission allowances specified in: Title 16.2 of the Environmental Protection Act .
4 By ministerial arrangement, the adjustments referred to in paragraphs 1 and 3 shall be fixed each year by 1 April each year for the preceding calendar year, which may vary by category of production installations and within a category of production facilities if on the basis of Article 45 Several basic energy prices for a category of production plant have been established.
5 For the purpose of granting advance payments, the adjustments referred to in paragraphs 1 and 3 of this Article shall be fixed annually by 1 November each year for the following calendar year, which may vary by category of production facilities and within a category of production facilities if on the basis of Article 45 different basic energy prices for a category of production plant are set and where for the electricity price the average value for the period 1 September to 31 August, or in a ministerial arrangement, is determined period, prior to the calendar year. If, after 1 November, a different category of production equipment is designated under a ministerial arrangement for which aid can be applied for, the corrections referred to in paragraphs 1 and 3 of this Article shall be made for the purpose of the grant of the aid category of production facilities under that ministerial arrangement.
6 If a production plant consists wholly or partly of used materials, our Minister may, in the decision on the grant of the grant, fix an adjustment to the amount in force under the first paragraph.
7 If a production facility is substantially renovated, our Minister may, in the decision on the grant of the grant, fix an adjustment to the amount in force under the first paragraph.
8 If the amount in force under the first, third, sixth or seventh paragraphs is negative, the amount shall be zero.
1 The subsidy received by a grant recipient is determined by:
a. Multiply by multiplying:
1 °. the number of kWh eligible for subsidy in each calendar year for which guarantees of origin demonstrate that the producer with his renewable heat production plant and renewable electricity in the relevant calendar year has produced a quantity of renewable heat that has been useful and has produced and powered renewable electricity on a power grid, with
2 °. for the relevant calendar year on the basis of: Article 47 adjusted adjusted phase-sum or basic amount; and
(b) the amounts calculated in accordance with subparagraph a for each calendar year of the period for which the subsidy is provided shall be counted.
2 The number of kWh eligible each year for subsidy shall not exceed the maximum number of kWh in the grant grant decision that may vary per year and based on the capacity of the installation and the Number of full-loading.
3 By ministerial arrangement, a category of production facilities can be determined that if less kWh were produced in a year than the number of kWh eligible for the subsidy in the year, the difference in kWh in the number of kWh The following year shall be added to the grant. Under a ministerial arrangement, a maximum, which may vary per year, may be made to the number of kWh which will be added to the number of kWh eligible for the next year.
4 In the case of a ministerial arrangement, a category of production facilities may be used to determine that, if more kWh have been produced or have been transferred from previous years than the number of kWh eligible for the subsidy in one year, Where the difference in kWh produced in a previous year less as a result of the third paragraph has already been added, the difference in kWh shall be added to the number of kWh produced in the following year. Under a ministerial arrangement, a maximum, which may vary per year, may be made to the number of kWh produced, which is added to the number of kWh produced in the following year.
5 By ministerial arrangement, for the purpose of calculating the maximum number of kWh referred to in the second paragraph, a maximum number of resale prices for a category of production plant may be determined.
6 If a grant recipient only produces renewable heat for the purpose of calculating the grant, by way of derogation from the first paragraph, part a, first, the number of kWh eligible for subsidy in each calendar year and for which the manufacturer can demonstrate that, in the calendar year in question, he has produced a quantity of renewable heat which has been used in a useful way using his renewable heat production facility.
7 If a grant recipient produces renewable heat and renewable electricity by means of a production plant designated under ministerial arrangement, the number of kWh shall be added to the first paragraph, part a, that is eligible for subsidy in each calendar year and for which guarantees of origin for non-grid delivery, intended in Article 1 of the Arrangement of guarantees of origin for renewable electricity have been provided to show that the producer has produced and has supplied a quantity of renewable electricity in the relevant calendar year with its production facility.
The subsidy shall not exceed the difference between the amount of the phase-in value, Article 43a , or the basic amount, intended Article 44 , and the basic energy price, intended in Article 45 , multiplied by the maximum number of kWh in the grant of subsidy for the entire period for which the subsidy is granted.
The provisions in this paragraph shall apply where Article 2 (3) , it is selected for distribution in order of ranking.
1 In the case of the grant application, a tender amount per kWh shall be given by the producer. In the case of a unified application, the tender amount declared by the producer shall apply to all applications forming part of the application for use in the aggregate application.
2 By arrangement of Our Minister, after consultation with Our Minister of Finance, a maximum tender amount per kWh for renewable heat or renewable heat and renewable electricity is determined per category of production facilities.
3 The maximum tender amount shall not exceed the average cost per kWh for the production of renewable heat or renewable heat and renewable electricity per category of production facilities.
1 By arrangement of Our Minister, after consultation with Our Minister of Finance, for the purpose of correcting the tender amount, is to be Article 54 , and the fixing of the amount by which the subsidy is not higher than that provided for in Article 55a , a basic energy price per kWh determined that may vary by category of production facilities or by type of heat application.
2 Within a category of production facilities, different basic energy prices may be related to the quantity of kWh produced eligible for the subsidy.
3 If, on the basis of the first paragraph, separate basic prices per kWh are determined by type of heat application, the number of kWh with a kind of application shall apply to the application of the Articles 53 , 54, first paragraph, part a, and second member , and 55a the basic energy price or energy price for the relevant type of application.
1 tender amount specified by the producer, referred to in Article 51, first paragraph , during the entire period covered by the grant.
2 The basic energy price or basic energy prices, specified in Article 52 , which apply at the time of application of the grant, shall be valid throughout the period for which a grant is granted.
1 For each grant recipient, the tender amount shall be adjusted, in each calendar year of the subsidy period, to:
a. the energy price or, if the energy price is lower than the one in Article 52 'basic energy price' means the basic energy price referred to in Article 52;
(b) the value of the guarantees of origin;
Other adjustments to the Ministerial Regulation which substantially affect the difference between the average cost of renewable heat and the relevant average market price of heat and resulting from measures from the government.
2 The energy price referred to in paragraph 1 (a) shall be the relevant mean value for the energy type concerned.
3 In the grant of grant aid, our Minister can provide that, in addition to the first paragraph, the tender amount shall be adjusted by an amount per kWh of revenue resulting from the system of marketable assets for the grant recipient. Greenhouse gas emission allowances specified in Title 16.2 of the Environmental Protection Act .
4 By ministerial arrangement, the adjustments referred to in paragraphs 1 and 3 shall be fixed each year by 1 April each year for the preceding calendar year, which may vary by category of production installations and within a category of production facilities if on the basis of Article 52 Several basic energy prices for a category of production plant have been established.
5 For the purpose of granting advance payments, the adjustments referred to in paragraphs 1 and 3 of this Article shall be fixed annually by 1 November each year for the following calendar year, which may vary by category of production facilities and within a category of production facilities if on the basis of Article 52 different basic energy prices for a category of production plant are set and where for the electricity price the average value for the period 1 September to 31 August, or in a ministerial arrangement, is determined period, prior to the calendar year. If, after 1 November, a different category of production equipment is designated under a ministerial arrangement for which aid can be applied for, the corrections referred to in paragraphs 1 and 3 of this Article shall be made for the purpose of the grant of the aid category of production facilities under that ministerial arrangement.
6 If the amount in force under the first or third paragraph is negative, the amount shall be zero.
1 The subsidy received by a grant recipient is determined by:
a. Multiply by multiplying:
1 °. the number of kWh eligible for subsidy in each calendar year for which guarantees of origin demonstrate that the producer with his renewable heat production plant and renewable electricity in the relevant calendar year has produced a quantity of renewable heat that has been useful and has produced and powered renewable electricity on a power grid, with
2 °. for the relevant calendar year on the basis of: Article 54 applicable adjusted tender amount; and
(b) the amounts calculated in accordance with subparagraph a for each calendar year of the period for which the subsidy is provided shall be counted.
2 The number of kWh eligible each year for subsidy shall not exceed the maximum number of kWh in the grant grant decision that may vary per year and based on the capacity of the installation and the Number of full-loading.
3 By ministerial arrangement, a category of production facilities can be determined that if less kWh were produced in a year than the number of kWh eligible for the subsidy in the year, the difference in kWh in the number of kWh The following year shall be added to the grant. Under a ministerial arrangement, a maximum, which may vary per year, may be made to the number of kWh which will be added to the number of kWh eligible for the next year.
4 In the case of a ministerial arrangement, a category of production facilities may be used to determine that, if more kWh have been produced or have been transferred from previous years than the number of kWh eligible for the subsidy in one year, Where the difference in kWh produced in a previous year less as a result of the third paragraph has already been added, the difference in kWh shall be added to the number of kWh produced in the following year. Under a ministerial arrangement, a maximum, which may vary per year, may be made to the number of kWh produced, which is added to the number of kWh produced in the following year.
5 In the case of a ministerial arrangement, a maximum number of final stages may be determined for the calculation of the maximum number of kWh referred to in the second paragraph for a category of production plant.
6 If a grant recipient only produces renewable heat for the purpose of calculating the grant, by way of derogation from the first paragraph, part a, first, the number of kWh eligible for subsidy in each calendar year and for which the manufacturer can demonstrate that the producer with his renewable heat production plant in the relevant calendar year has produced a quantity of renewable heat which has been used in a useful way.
7 If a grant recipient produces renewable heat and renewable electricity by means of a production plant designated under ministerial arrangement, the number of kWh shall be added to the first paragraph, part a, that is eligible for subsidy in each calendar year and for which guarantees of origin for non-grid delivery, intended in Article 1 of the Arrangement of guarantees of origin for renewable electricity have been provided to show that the producer has produced and has supplied a quantity of renewable electricity in the relevant calendar year with its production facility.
The subsidy shall not exceed the difference between the tender amount referred to in Article 51 , and the basic energy price, intended in Article 52 , multiplied by the maximum number of kWh in the grant of subsidy for the entire period for which the subsidy is granted.
1 To the producer of renewable electricity, renewable gas, renewable heat or renewable electricity and renewable heat, produced by a category of production plant which is to be established under the control of our Minister, to be assigned to the manufacturer in a Member State with which a cooperation has been agreed as provided for in Article 7 of the Renewable Energy Directive, a grant may be granted.
2 The provisions of or under the paragraphs 1 to 5 of this Decision shall apply mutatis mutandis to the grant of the grant referred to in the first paragraph, subject to the following:
a. The electricity, gas or heat set that is fed not in the Netherlands but is situated in the Member State concerned;
b. The price of electricity, gas or energy is to be the price referred to in the Member State concerned or in the relevant area;
(c) 'Guarantees of origin' means the guarantees of origin issued in the Member State concerned in accordance with Article 15 of the Renewable Energy Directive;
d. 'Production plant for the production of renewable electricity using wind energy' means: a production plant set up at sea by means of which renewable electricity is produced by means of: wind energy.
3 In the case of ministerial arrangements, detailed rules may be laid down for the implementation of this Article, which may, in any event, be subject to rules on the application of a grant and the decision-making process on the basis of the obligations of the grant recipient, the determination of the grant and the granting of advances.
1 An application for grant of grant is made using a means made available by Our Minister. Under a ministerial arrangement, our Minister may designate one or more categories of production facilities for which a pooled application may be submitted. In the case of a ministerial arrangement, a category of production facilities may be used for the submission of a maximum of one application per opening period or calendar year per address on which a production facility is or is placed.
2 Where applicable, an application shall be accompanied by:
a. A description of each production plant for which a grant is requested;
a. A substantiated indication of the quantity to be generated and the kWh to be fed per calendar year over the period of the grant of each production installation;
c. the licences granted for the production plant under the Environmental law general provisions law , the Law management state waterworks , Chapter 6, paragraph 6, of the Water Decision or the Mining Act ;
d. A plan for the use and operation of each production installation;
(e) a financial substantiation for each production facility for which a grant is requested;
f. if the grant applicant is a grouping, an overview of the participants in the grouping;
g. other modest ones indicated by Our Minister.
3 In the case of ministerial arrangements, detailed rules may be laid down on the data to be submitted under paragraph 2 (a) to (g).
1 Our Minister decides on an application:
a. To grant a subsidy for the production of renewable electricity, renewable gas or renewable heat distributed in order of entry, within 13 weeks of receipt of the application;
b. to receive a renewable electricity, renewable gas or renewable heat grant that is allocated by ranking, within 13 weeks of the last day of the period laid down by ministerial arrangement.
2 The periods referred to in paragraph 1 may be extended once for a further period not exceeding 13 weeks.
3 If a unified application does not lead to grant aid by Our Minister, a bundled application may be treated as one application.
4 If Our Minister provides grant to the applicant for a bundled application, our Minister shall provide a grant to grant-in-grant by our Minister for each production facility which is part of the pooled application.
1 Where distribution by order of entry, Our Minister divides the amount available in the order of receipt of applications, except that if an applicant has failed to comply with any legal requirement for the entry in taking the application and applying Article 4: 5 of the General Administrative Law Act has had the opportunity to supplement the application, for the purposes of this Article, the day on which the application complies with the legal requirements as the date of receipt.
2 In case all applications received on one day would result in the available subsidy ceiling, or the maximum production being exceeded in kWh, the application for grant with the lowest phase amount or the amount of the aid granted in the case of a Basic amount of three decimal places converted to euro per kWh deemed to have been received earlier. If all applications for subsidy of the same phase-sum or basic amount in three decimal places received on one day would result in the availability of the available subsidy ceiling, or the maximum production in kWh, Our Minister must draw up the order of receipt of these applications by drawing lots.
3 Requests received on working days after 5 p.m. or other days shall be considered to be received on the following working day.
4 When applying the second paragraph:
a. A bundled application shall be treated as a single application, the phase-sum or the basic amount shall be the phase or basic amount of the application with the maximum amount or the basic amount of the bundle;
b. To be drawn up by drawing lots all the applications received on the day concerned with the same phase-sum or basic amount in three decimals.
1 Our Minister decides, in any event, dismissive of an application if:
(a) the application does not comply with this Decision and the provisions based thereon;
b. He deems it implausible that the production facility within four years or within the at or under Article 61, first paragraph , the time limit set is to be put into service;
c. he deems implausible that the plan, intended in Article 56 (2), part d :
1 °. is enforceable;
2 °. is technically feasible;
3 °. financially feasible;
4 °. economically feasible;
d. One or more permits as referred to in Article 56, second paragraph, part c , not granted.
2 By ministerial arrangement, a category of production facilities may be determined by our Minister to decide on an application if the owner's permission is not obtained from the site of the site. production installation.
1 Our Minister arranges the applications to which the application of the Article 59 dismissive shall be decided in such a way that an application is ranked higher if:
a. For renewable electricity, renewable gas or renewable heat, the tender amount per kWh is lower;
b. There is more talk of technological or fuel innovation;
c. for the production of renewable electricity, renewable gas or renewable heat, there is more net greenhouse gas reduction in relation to the production of energy from non-renewable sources.
2 For ranking, rules may be laid down under ministerial rules concerning:
a. weighting factors for the criteria referred to in the first paragraph;
(b) the application of the criteria referred to in paragraph 1.
3 Our Minister distributes the available amount in the order of ranking of applications.
4 If the application of all the applications which are the same would result in an overrun of the available subsidy ceiling, our Minister shall draw up the ranking of these applications by drawing lots.
5 A unified application shall be treated as a single application for the purposes of this Article.
6 For the purposes of ranking applications for a subsidy for a production plant for the production of renewable electricity using wind energy at sea, Our Minister can offer the tender amount specified by the producer with a reduce the amount of the ministerial arrangement, which is related to the distance from a production plant to the coast.
1 The grant recipient shall use the production plant as soon as possible after the date of the decision on the grant of the grant. In the case of a ministerial arrangement, the period within which the subsidy-recipient should be used for the production plant shall be established. This period may vary by category of production installations.
2 A grant recipient may not, until the date of entry into service of a production facility, transfer a grant to grant to a third party until the date of entry into service.
3 By ministerial arrangement, it may be stipulated that the grant granting decision is granted under the suspensive condition that the grant recipient is required to cooperate on the conclusion of an implementation agreement as referred to in Article 4:36, 2nd paragraph, of General Law governing the administrative law . In the case of ministerial arrangements, detailed requirements may be laid down in the implementing agreement.
1 The grant recipient realizes and operates the production facility in accordance with the plan as submitted to the application for subsidy.
2 The obligation referred to in paragraph 1 shall apply up to the day on which the grant is fixed.
3 Our Minister may grant a written waiver in writing of the plan upon prior request of the grant recipient for delaying, altering or discontinuing the realization or operation of the production plant. the obligation referred to in the first paragraph. Conditions may be attached to the exemption. A waiver shall not be granted to the extent that it would mean that the grant recipient would later deploy the production plant than one year after the day on which the grant of the subsidy is Article 61, first paragraph , the production plant must be in use.
4 In the case of ministerial arrangements, further obligations may be imposed on the grant recipient, which may vary by category of production facilities.
1 In the decision on the grant of subsidy, the subsidy-recipient may be required to submit at most one time per calendar year of an interim progress report which relates to:
a. The durability of biomass that enables renewable electricity, renewable gas or renewable heat;
b. Monitor data on the construction, production, outages and maintenance of the production plant.
2 The interim progress report shall be subject to detailed rules for the ministerial arrangement.
The grant recipient shall forthwith inform Our Minister of the submission to the Court of a request for the application of the debt restructuring scheme to the Court of Justice of the natural persons, to grant the payment of payment to the person concerned. Him or him to make a declaration of bankruptcy.
The grant recipient shall, upon request, communicate to our Minister all the documents, data or information necessary for a decision on the grant.
1 For a grant subject to a decision on the grant of subsidies, our Minister shall, of its own motion, make an advance payment of a maximum of one time per year.
2 Our Minister provides the first advance to a grant recipient that generates renewable electricity and to a grant recipient that produces renewable electricity and renewable heat no sooner than after the grant-recipient is a Account specified in Article 1, first paragraph, point y, of the Electricity Act 1998 , opened by the guarantee management authority.
1 An advance payment to a grant recipient that produces renewable electricity shall be the product of:
a. The maximum number of kWh specified in the grant of subsidy in the grant of grant per calendar year, where at the request of the producer the number of kWh intended for Article 15, third or fourth member , or 23, third or fourth member , in addition, and
b. The amount of the phase or the basic amount or the amount of the tender reduced by the amount of the Article 14, fifth paragraph , then Article 22 (5) Corrections to be made,
provided that the amount of the advance is determined in the following calendar year on the basis of the actual number of kWh actually produced and eligible for the subsidy in the previous calendar year and the adjusted amount, Intended in Article 14 (4) , then Article 22 (4) .
2 An advance payment to a grant recipient which produces renewable gas shall be the product of:
a. The maximum number of kWh specified in the grant of subsidy in the grant of grant per calendar year, where at the request of the producer the number of kWh intended for Article 32, third or fourth member , or 40, third or fourth member , in addition, and
b. The amount of the phase or the basic amount or the amount of the tender reduced by the amount of the Article 31 (5) , then Article 39, fifth paragraph Corrections to be made,
provided that the amount of the advance is determined in the following calendar year on the basis of the actual number of kWh actually produced and eligible for the subsidy in the previous calendar year and the adjusted amount, Intended in Article 31, fourth paragraph , then Article 39, fourth paragraph .
3 An advance payment to a grant recipient that produces renewable heat or renewable heat and renewable electricity shall be the product of:
a. The maximum number of kWh specified in the grant of subsidy in the grant of grant per calendar year, where at the request of the producer the number of kWh intended for Article 48, third or fourth member , or 55, third or fourth member , in addition, and
b. The amount of the phase or the basic amount or the amount of the tender reduced by the amount of the Article 47, fifth paragraph , then Article 54, fifth paragraph Corrections to be made,
provided that the amount of the advance is determined in the following calendar year on the basis of the actual number of kWh actually produced and eligible for the subsidy in the previous calendar year and the adjusted amount, Intended in Article 47, fourth paragraph , then Article 54, fourth paragraph .
4 Our Minister provides, per year, only an advance up to the maximum amount of kWh fixed in the decision on the grant of subsidy per calendar year, where, at the request of the producer, the number of kWh intended to be used in the Article 15, third or fourth member , 23, third or fourth member , 32, third or fourth member , 40, third or fourth member , 48, third or fourth member , or 55, third or fourth member -You can count on it.
5 If the measurement data is not available in the calendar year referred to in paragraphs 1 and 3, the advance shall be made by way of derogation from the first and third paragraphs, at the latest, in the following calendar year after the measurement data becomes available. are.
1 Our Minister provides the Article 67, first, second and third paragraphs Payments in monthly amounts, except where a ministerial arrangement provides that the advance is to be paid in an annual amount for a particular category of production plant. The sum of the monthly amounts or of the annual amount shall not exceed 80% of the product of:
a. The maximum number of kWh provided for in the decision on the grant of subsidy per calendar year, where at the request of the producer, the number of kWh intended to be used Article 15, third or fourth member , 23, third or fourth member , 32, third or fourth member , 40, third or fourth member , 48, third or fourth member , or 55, third or fourth member , can be added to and
(b) the basic amount or the amount of the tender reduced by the amount given on the basis of the Article 14, fifth paragraph , 31, fifth member , or 47, fifth member -or the Article 22, fifth paragraph , 39, fifth member , or 54, fifth paragraph Corrections established.
2 If the sum of the monthly amounts or of the annual amount provided in a calendar year is less than the amount of the advance fixed at the end of the calendar year, our Minister may netting the monthly or annual amounts still to be provided.
3 By ministerial arrangement rules are laid down on the calculation of the monthly amounts and of the annual amount referred to in the first paragraph, and rules may be made on how the advances are settled, as intended in the second paragraph.
Our Minister shall not make an advance payment if the grant recipient has not fulfilled his obligations under the grant of the grant, if he is declared bankrupt or has been granted payment of payment or with regard to the payment of a payment or the debt restructuring scheme has been declared to be applicable to natural persons, or a request to that effect has been filed with the court.
1 The grant recipient shall submit an application for grant repayment within six months of the date on which the subsidy is granted, as provided for in the grant of grant decision.
2 The application shall be made using a means made available by Our Minister.
3 The application shall be accompanied by the documents indicated by Our Minister.
Our Minister shall give the decision on the grant of aid within 13 weeks of receipt of the application or after the expiry of the time limit for its application.
Our Minister publishes as soon as possible after 1 January 2016, and thereafter each time after five years, a report on the effectiveness and effects of this decision in practice.
For a production plant for the production of renewable gas for which a grant has been granted on the basis of an application for subsidy lodged in 2011, the application of the Article 32, first paragraph, part a , first, or Article 40, first paragraph, part a First, add the number of kWh eligible for subsidy produced by a renewable gas producer in each calendar year and have been invoded on a gas grid in that calendar year.
1 For applications submitted before 1 January 2015, subsidies granted before 1 January 2015 and subsidies fixed before 1 January 2015 the duty shall continue to apply as it was immediately prior to that time, With the exception of the provisions of the Article 1, fourth paragraph , 6, second paragraph , 7 , 14, fifth paragraph , 15, second, third and fourth members , 22, fifth paragraph , 23, second, third and fourth members , 28, first, second paragraph, and third paragraph, introductory wording and part a , 29, 1st Member , 31, third and fifth member , 32, first, second, third, fourth, sixth and seventh member , 33 , 36, first, second and third members , 37, 1st Member , 39, third and fifth member , 40, first, second, third, fourth, sixth and seventh member , 41 , 44, first and second paragraph, and third paragraph, introductory wording and part a , 47, third and fifth members , 48, first paragraph, part a, below 1 °, second, third, fourth, fifth, sixth and seventh member , 49 , 51, first, second and third members , 52, first, second and third members , 54, third and fifth member , 55, first paragraph, part a, below 1 °, second, third, fourth, fifth, sixth and seventh member , 55a , 56, second paragraph, part b , 58, second paragraph , 60, first paragraph, part a , 67, first paragraph, second paragraph, part a and last sentence, third member, part a and last sentence and fourth member , 68, first and third members and 73 .
2 In grants for the production of renewable electricity using wind energy, the basic electricity price, intended to be used in the Articles 12, 1st paragraph , and 20, 1st Member , and the amount, intended in the Article 14, first paragraph , and 22, 1st Member , shall be multiplied by the factor of 1,25, if this is determined for a category of production plant under ministerial arrangement. In that case, this category of production facilities is not designated as a production facility. Article 15, third and fourth paragraphs .
This Decision shall enter into force on a date to be determined by Royal Decree.
This decision is cited as: Decision promoting sustainable energy production.
Charges and orders that this decision will be placed in the Official Journal with the corresponding note of explanatory note.
' s-Gravenhage, 16 October 2007
Beatrix
The Minister for Economic Affairs,
M. J. A. van der Hoeven
Issued the thirtieth October 2007The Minister of Justice,
E. M. H. Hirsch Ballin
