Regulation on guarantees of origin for the production of electrical energy
Date FOR-2007-12-14-1652
Ministry MPE
Published in 2007 Booklet 13
Commencement 01/01/2008
Edited
FOR 2013-02-01-126
Changes
For
Norway
Legal
LOV-1990-06-29-50-§4-3, LOV-1990-06-29-50-10-6
Promulgated
04.01.2008 kl. 15.05
Corrected 26.01.2010 (legal). 01.02.2012 (comments removed), 11/05/2012 (notes added)
Short Title
Regulation on guarantees of origin for electricity
Chapter Overview:
Main part
Remarks regulation on guarantees of origin
Adopted by MPE 14 December 2007, pursuant to the Act of 29 June 1990 no. 50 on the production, conversion, transmission, trading, distribution and use of energy etc. (Energy Act) § 4-3, first and fourth paragraph, and § 10-6.
EEA information: EEA Annex IV. 24 (Directive 2004/8 / EC), no. 24b (Decision 2011/877 / EU) and no. 41 (Directive 2009/28 / EC).
Changes: Amended by regulations March 9, 2010 No.. 383, 21 Dec 2011 No.. 1470, 1 February 2013 No.. 126.
§ 1. Purpose These regulations shall ensure that all producers of electrical energy at the request may be issued guarantees confirming that a given amount of electrical energy is produced from a specified source of energy at the specified time and place, as well as facilitating the registration, sales and redemption in an electronic registry for such guarantees. The regulation will lay the foundation for a reliable tool for documenting the production of electric energy in Norway.
§ 2. Scope This regulation applies to the recognition and categorization of production facilities to the scheme for guarantees of origin, as well as registration, issuance, sale and redemption of such warranties.
§ 3. Definitions
a)
Bioenergy: Energy of biological origin inter alia, wood, bark and straw, and waste fractions of biological origin from industrial and municipal wastes, including, inter alia sorted demolition work and byproducts from the pulp and paper industry, sawmills and similar establishments.
B)
Renewable energy: Energy from renewable energy sources; inter alia, wind, solar, geothermal, ocean, water, gas from landfills, gas from sewage plants and biomass.
C)
High-efficiency cogeneration: Cogeneration providing fuel savings of at least ten percent compared with separate production of electricity and thermal energy for benchmark values (High-efficiency cogeneration). Cogeneration from cogeneration plant with installed capacity of less than one megawatt electrical power (1 MWe) may also be regarded as highly effective if it provides fuel saving compared with separate generation of electrical energy and thermal energy by benchmark values.
The share of electrical energy produced by cogeneration is calculated according to the provisions of Annex II to Directive 2004/8 / EC, supplemented by the detailed guidelines issued by Commission Decision 2008/952 / EC.
Fuel savings to calculate the benchmark values in accordance with Commission Decision 2011/877 / EC and by the formulas in Annex III to Directive 2004/8 / EC.
D)
Origin Warranty: Confirmation that 1 megawatt hour (MWh) of electrical energy is produced from a specified source of energy at the specified time and place.
E)
Redemption of guarantees of origin When a holder submits confirmation of registry documenting that it can no longer be traded.
F)
Cogeneration: Energy thermal and electrical energy produced simultaneously in a process (cogeneration).
G)
Lower calorific value: The energy content of a fuel when no condensation energy of the water fraction in the exhaust gas is included.
H)
Register: System for registration, issuance, transfer and redemption of guarantees of origin.
I)
Register Responsible: The unit of the Ministry designated as responsible for issuing guarantees of origin, as well as develop and operate a redemption system and electronic register for such guarantees.
J)
Period: The period for production of electric energy set a date and at a given date in the same calendar year.
§ 4. Categories of guarantees of origin Manufacturing plant for electric energy shall be divided into the following categories for allocation of guarantees of origin:
A)
production from renewable energy sources
B)
production at high efficiency cogeneration
C)
Other manufacturing.
§ 5. Content of guarantees of origin for electricity from renewable energy sources The following information shall be submitted for a guarantee of origin for electricity from renewable energy sources:
A)
Category, ref. § 4,
B)
Production technology and energy,
C)
Time for production
D)
Name, location and installed capacity of the plant where the energy is produced, and average annual production of hydropower and wind power,
E)
Whether and to what extent, the plant has received some investment, and whether, and to what extent, energy device otherwise have benefited from a national support scheme, and support the scheme's art,
F)
The date for the plant commissioning,
G)
Issue Date, -land and unambiguous identification number.
§ 6. Content of guarantees of origin for electricity from high efficiency cogeneration following information shall be submitted for a guarantee of origin for electricity from high-efficiency cogeneration:
A)
Category, ref. § 4,
B)
Production technology and energy,
C)
Time for production
D)
name, location, and installed capacity of the plant where the energy is produced,
E)
Type fuel and its lower calorific value,
F)
The application of heat from the cogeneration process (kogenereringsprosessen)
G)
The fuel savings achieved through the use of high-efficiency cogeneration in comparison with separate production of electricity and heat,
H)
Whether and to what extent, the plant has received some investment, and whether, and to what extent, energy device otherwise have benefited from a national support scheme, and support the scheme's art,
I)
The date for the plant commissioning,
J)
Issue Date, -land and unambiguous identification number.
§ 7. Contents of guarantees of origin for electricity from other energy sources following information shall be submitted for a guarantee of origin for electricity from other energy sources:
A)
Category, ref. § 4,
B)
Production technology and energy,
C)
Time for production
D)
name, location, and installed capacity of the plant where the energy is produced,
E)
Whether and to what extent, the plant has received some investment, and whether, and to what extent, energy device otherwise have benefited from a national support scheme, and support the scheme's art,
F)
The date for the plant commissioning,
G)
Issue Date, -land and unambiguous identification number.
§ 8. Approval and categorization of construction Norwegian Water Resources and Energy Directorate may upon application approval and categorize production facilities to the scheme for guarantees of origin.
Manufacturers demanding guarantees of origin shall provide Norwegian Water Resources and Energy Directorate with the necessary information for the approval and categorization of construction.
Norwegian Water Resources and Energy Directorate may stipulate requirements for measurements to approve construction scheme.
The approval of a facility has a term of 5 years. Construction can get approval for new periods with a duration of 5 years. Whoever has got the approval shall without undue delay report the change of construction or operation way to Norwegian Water Resources and Energy Directorate.
§ 9. Issue of Guarantees of Origin Registry Manager shall issue guarantees of origin to the holder of all approved manufacturing facility requesting such and that meet the requirements of this regulation.
When a production plant has production falls in several categories at the same time, cf. § 4, the registry responsible issuing guarantees of origin to the appropriate facility that reflects this composition. Norwegian Water Resources and Energy Directorate establishes detailed calculation rules for issuing guarantees of origin for such combined production plant.
If the electric energy produced by the cogeneration, it should only be issued certificates of origin for the percentage of production of electrical energy which is produced by high-efficiency cogeneration.
It can only be given a guarantee of origin for each produced MWh of electrical energy. Energy consumption for pumping water to be deducted from the calculation of the total energy production which forms the basis for issuing a guarantee of origin.
The maximum duration of an origin warranty is one year from the date of production shutdown of the corresponding energy unit, if it is not redeemed earlier.
§ 10. Measuring guarantees of origin issued on the basis of measured data to be submitted to the settlement administrator in accordance with the Energy Act § 4-3.
§ 11. Register of Guarantees of Origin Registry Manager is to log all issue, redemption, import, export and sale of guarantees of origin in Norway. Furthermore, the registrar responsible make necessary statistics available.
Register Responsible shall arrange for guarantees of origin can be sold and redeemed in an objective and non-discriminatory manner.
The register shall be able to communicate with those in other countries covered by the EEA Agreement.
Register Manager shall approve guarantees of origin from other countries covered by the EEA Agreement.
§ 12. Redemption of guarantees of origin holder of a guarantee of origin shall redeem this register if guarantee of origin to be used for documentation purposes. A guarantee of origin can only be used once, and shall be used when it is redeemed.
Register Manager shall at the request of the acquiring party issuing documentation that guarantees of origin are exercised.
Guarantees of origin issued in Norway may not be used in other countries' reporting of official statistics on production and use of electrical energy, including reporting of achievement under Directive 2009/28 / EC without the Ministry's consent.
§ 13. Financing and Fees Anyone who uses the system of guarantees of origin referred to in this regulation, can the registry responsible demanded fee to cover the costs of the scheme. The total fees shall correspond to the actual costs registry administrator has the effective operation and development of the registry. The fee structure must be approved by Norwegian Water Resources and Energy Directorate.
§ 14. Supervision Norwegian Water Resources and Energy Directorate supervises compliance with the provisions laid down in or pursuant to these regulations are complied with.
Anyone covered by these regulations will assist in carrying out audits pursuant to subsection. This includes obtaining information and documentation necessary to conduct supervision.
§ 15. Imposition Norwegian Water Resources and Energy Directorate may issue the orders necessary for the implementation of this regulation.
§ 16. Violation charges of willful or negligent violation or complicity in violation of the provisions of § 8, second paragraph and fourth paragraph, third sentence, § 10, § 14, second paragraph and orders issued pursuant to § 15 may be subject to fines.
Final decision on administrative penalties are enforceable by execution.
§ 17. Exemption Norwegian Water Resources and Energy Directorate may in special cases grant exemptions from these regulations.
§ 18. Entry into force This regulation enters into force on 1 January 2008.
Remarks regulation on guarantees of origin
Background
Directive 2009/28 / EC (Renewable Energy Directive) was adopted by the EU on 23 April 2009. The directive replaces Directive 2001/77 / EC. On 19 December 2011 it was decided to incorporate renewables directive II to the EEA Agreement. In connection with the implementation of the Directive was not considered necessary with lovtilpasninger.
After Renewables Directive should countries including offering producers of electricity from renewable energy sources Guarantees of Origin. This is proof that a given amount of electricity production is renewable.
Ministry designated in December 2005 Statnett responsible for issuing guarantees of origin in accordance with the Renewable Energy Directive, in anticipation of that directive should come into force in Norway on 1 September 2006. Statnett currently has a system for issuing guarantees of origin.
By treating Ot.prp.nr.61 (2005-2006) concerning amendments to the Law of 29 June 1990 no. 50 on the production, conversion, transmission, trading, distribution and use of energy etc. (Energy Act), ref. Innst.O.nr.68 (2005-2006), it was decided a new fourth paragraph in the energy Act § 4-3 clarifies the legal basis for the existing scheme of the settlement administrator's issuing of guarantees of origin relating to renewable energy directive.
The amendment must be seen in conjunction with the provisions of guarantees of origin in Directive 2004/8 / EC on the promotion of cogeneration of power and heat based on useful heat demand in the internal energy market and amending Directive 92/42 / EEC on efficiency requirements for new hot water boilers fired with liquid or gaseous fuels (CHP directive). This provision is also the basis to make further provisions regarding guarantees of origin relating to the production of electricity from eligible producers according to the CHP directive. CHP directive was incorporated into the EEA Agreement by EEA Joint Committee Decision of 8 December 2006.
regulation provides the basis for all electricity output are to be issued with certificates of origin. It may be issued guarantees of origin for electricity from renewable energy sources, guarantees of origin for electricity from high-efficiency cogeneration and guarantees of origin for other types of electricity production. It clearly distinguished between the different origin guarantees. The regulation also has a plan for redemption of guarantees of origin. This is important to ensure that the same guarantee of origin not be reused for different purposes. Such multipurpose would undermine confidence in the system.
Regulation on guarantees of origin shall provide the legal basis for the issuance, transfer and redemption of guarantees of origin. In the Renewable Energy Directive's Article 2 (j) defined guarantee of origin as an electronic document, whose only function in relation to an end customer is to demonstrate that a given share or quantity of energy produced from renewable sources, in line with the requirements laid down in Directive 2003/54 / EC Article 3 No.6.
Origin guarantees will be a credible tool for documenting the production of electricity.
Scheme declarations would say that power suppliers inform their end users about the origin of the deliveries of electric energy in the previous year. Other uses are also relevant, and is largely up to market players.
Statnett's registry responsible for origin guarantee and Norwegian Water Resources and Energy Directorate's supervisory authority. It is envisaged that the operation of the scheme shall be user financed.
A Norwegian scheme for guarantees of origin is part of a European system. The Norwegian scheme is compatible with the schemes in other EU countries.
Remarks on the individual provisions
To § 1 and § 2 - Purpose and scope
Regulations provide supplementary provisions to the Energy Act § 4-3, fourth paragraph. This includes a framework for a system of guarantees of origin in Norway. The Regulation meets the requirements of guarantees of origin in EU Directive 2009/28 / EC (Renewable Energy Directive) Article 15 and Directive 2004/8 / EC (the CHP Directive) Article 5.
regulation is designed so that all production of electric energy in Norway issued guarantees of origin. Origin guarantees issued to producers of electricity for declaration purposes, and is not part of the physical power delivery. Origin guarantee scheme should be a reliable tool for documentation of the production source of all electric energy in Norway.
To § 3 - Definitions
The definition of renewable energy and bio-energy based on renewable energy directive Article 2 letters a and e.
High-efficiency cogeneration: The definition of cogeneration and high-efficiency cogeneration based on Directive 2004/8 / EC (the CHP Directive) Article 3 respectively letter a, d and and Annex III, letter a. Cogeneration is the combined production of electricity and thermal energy in a single process at the same time, also called cogeneration. High efficiency cogeneration is such kogenereringsprosess where it set specific requirements for effectiveness. In CHP Directive Annex III (a), and in this regulation requires 10 percent fuel savings compared to separate production of electricity and heat. For micro and minikogenereringsanlegg, installed electrical output under 1 MW, only requires about fuel savings, without specified percentage.
Regulation on guarantees of origin § 3 letter c defines high-efficiency cogeneration. § 3 letter c second paragraph states that fuels savings for high-efficiency cogeneration shall be calculated from the benchmark values and by the formulas in Annex III to Directive 2004/8 / EC (the CHP Directive). Pursuant to Directive 2004/8 / EC Article 4 the Commission by Commission Decision 2011/877 / EC of 19 December 2011 has been set reference values to use for classifying high-efficiency combined heat and power. By Decision 2011/877 / EU was Commission Decision 2007/74 / EC repealed. The reason for changing the reference values include the fact that since the previous Commission decisions in 2007, the new technology has been developed. This technology enables increased fuel savings by cogeneration. On this background changed one by Decision 2011/877 / EU reference values when cogeneration can be considered to entail such a large fuel savings that can be said to be highly efficient. Meets production requirements for high efficiency cogeneration, ref. Regulation § 3 and § 6, the production basis for allocation of guarantees of origin. Decision 2011/877 / EC was found at section. 24b into the EEA Agreement Annex IV by EEA Joint Committee Decision of 1 February 2013. The wording of § 3 letter c subsection is adjusted so that it emerges directly that benchmarks Norwegian authorities shall apply are the same as used in the EU. This is done by taking it a reference to Commission Decision 2011/877 / EC. The calculation method to arrive at the amount of high-efficiency cogeneration complies CHP directive Article 5 (5) second indent. This provision entered into prior to 1 January 2012, § 6, second and third paragraphs concerning the content of guarantees of origin. With effect from 1 January 2012, the provisions on the calculation method adopted as § 3 letter c new subsections.
Origin Warranty: The amount of energy in a guarantee of origin is set to 1 MWh. Furthermore, the guarantee of origin is issued for production for a specified period, as well as specify other matters related to energy production. It issued electronic certificates of origin being treated in an electronic register. This is in line with new requirements set out in the Renewable Energy Directive; see directive Article 2 (j) and Article 15
Register Contact: Statnett SF is designated by the Ministry issuing of guarantees of origin.
Time: Renewable Energy Directive requires that production should be scheduled. By regulation follows that production be given for a period. The period to be specified by a date and at a given date within the same calendar year, cf. Renewables Directive II Article 15. 6 (a). No guarantees of origin shall be issued with time period in two different years. Rest Production of a year may be transferred to the first issue period in subsequent years. It is important to distinguish different manufacture apart when origin guarantees used for informational purposes.
To § 4 - Categories of guarantees of origin
Regulations contain the following categories for classification of production facilities:
A)
Renewable production: Electric energy produced from a renewable energy
B)
High-efficiency cogeneration: All production that falls under the concept of high-efficiency cogeneration (cogeneration)
C)
Other Production: not covered by a or b.
Letter a meet renewable directive Article 15 and subparagraph b meets CHP directive Article 5. Letter c covers all other production, so that the system of guarantees of origin covering all production of electric energy in Norway.
To § 5 - Contents of guarantees of origin for electricity from renewable energy sources
Provision meets the requirements imposed by the Renewable Energy Directive Article 15 of renewables. The conditions are cumulative.
A)
The three different categories for guarantees of origin should be clearly distinguished from each other, and it should be clear by the guarantee of the electrical energy originates from renewable generation, high-efficiency cogeneration or other production.
B)
requirement specification of energy supplied by renewables directive II Article 15. 6 (a).
C)
Time, see § 3 letter j.
D)
Name, location and installed capacity and average annual production of hydropower and wind power: These requirements for the contents of a guarantee of origin provided by renewables directive II Article 15. 6 (c). The register shall be able to trace the origin guarantees back to the relevant power plants. Directive 2001/77 / EC stood only requirement that capacity should be provided for hydropower plants. The Renewable Energy Directive (Directive 2009/28 / EC) Article 15. 6 (c) sets a general requirement that the capacity of the relevant production facilities must be expressed in a guarantee of origin. The regulation aims for the installed capacity is specified for all manufacturing technologies. For wind power and hydropower will also mean annual stated. For production from other energy sources can be difficult available sizes, and it is therefore not a demand.
E)
Any received state support: Users of guarantees of origin to get information about the current plant has received government funding and scope of support. Type support received shall be specified, such as investment aid. Claims that such information stated guarantee of origin provided by renewables directive II Article 15. 6 (d).
F)
The date for the plant commissioning: With the date for the plant's commissioning is meant the time when the plant first time delivers power to the grid. Requests for such disclosure in origin guarantee required by the Renewable Energy Directive Article 15. 6 (e). In the event of major delays during the trial operation of the plant, a later date is assumed when the plant is considered to be in stable operation.
Until 1 January 2012, regulated § 5 content of guarantees of origin for electricity from renewable energy sources based on Directive 2001/77 / EC. The wording of § 5 with effect from 1 January 2012 changed so that the provision fully reflects the requirements of the Renewable Energy Directive (Directive 2009/28 / EC) sets the contents of such guarantees of origin. The changes mainly relate to the formalities related to the content of origin guarantees.
To § 6 - Contents of guarantees of origin for high efficient cogeneration
Provision meets the requirements stipulated in the CHP Directive Article 5. The terms of the letter a to letter j are cumulative.
Letter a through letter d go somewhat further than what is required of the CHP directive Article 5. However, there is an advantage that all guarantees of origin are comparable in that they contain the same type of information.
E)
Type fuel and its lower calorific value.
Provision meets the first part of the requirements of the CHP directive Article 5 (5) first indent. The user should be informed of the type of fuel used in production.
F)
The application of heat from the cogeneration process.
This point meets another part of the requirements of the CHP directive Article 5 (5) first indent. It is planned that a distinction between the use of heat to other industries, district heating or in agriculture.
G)
fuel savings.
This point meets the CHP directive 5 (5) third indent requiring that fuel savings from high-efficiency cogeneration should be stated. Indication of fuel saving documents advantage of using CHP technology, which is primarily related to reduced use of fuel. Fuel savings are calculated after Annex III to the CHP Directive and Decision 2007/74 / EC, ref. § 3 letter c second and third paragraphs.
H)
Corresponds § 5, letter e.
I)
Corresponds § 5, letter f.
J)
Corresponds § 5 letter g.
The wording was 1 January 2012, modified accordingly such amendments to § 5, as regards the content of origin guarantees. The changes mainly relate to the formalities related to the content of origin guarantees. These changes contribute to making the various categories guarantees of origin comparable.
To § 7 - Contents of guarantees of origin for another production of electrical energy
There is no directive requirements for such guarantees of origin, but the provision is adapted to the provisions stipulated for other types of guarantees of origin. All production that is not electrical energy from renewable energy sources or electric energy from high-efficiency cogeneration shall come into this category.
The conditions are cumulative. All guarantees of origin should appear as uniform as possible and be comparable. Against this background, the contents of provision adjusted with effect from 1 January 2012 in accordance with the corresponding changes in § 5 and § 6
To § 8 - Adoption and categorization of construction
NVE be empowered to approve and categorize construction scheme. NVE has information on all production facilities in Norway. Approval and categorization will consist of a check of whether the facility meets the conditions for the issuance of a guarantee of origin, determine the category and set standards for measurement.
NVE will approve facilities that are in operation or ready for commissioning after application. The scheme is based on online applications. In most cases, NVE already have information about the facilities. This information will appear in a pre-completed application when the applicant logs into NVE system for guarantees of origin. If NVE need more information about the facilities, measuring equipment or fuel, will the proprietor of the facility itself be responsible for providing the necessary information. NVE is responsible for quality assurance information.
Following routine approval plant applies:
1.
Seeking log onto NVE sites guarantees of origin. Application forms filled out online. Data on plant NVE records updated and quality assured as required in cooperation with the owner / operator of the power plant. It is possible to store the application process. When all required information is filled in application is sent to NVE.
It is assumed that all changes affecting size, production or operating mode reported to NVE although the change itself does not require a license. See also comments on the duration of a construction approval below.
2.
Applications for guarantees of origin must be established a relationship with the registry responsible (Statnett SF). It created an account in the registry guarantees of origin.
3.
When the plant is approved by NVE sent an approval to the applicant and a confirmation to register managers who can start issuing guarantees of origin for production after this approval is registered.
4.
When the plant has been issued guarantees of origin may owner / operator at any time to check the number of guarantees of origin issued and utilize these as you see a guarantee of origin register.
Duration of a construction approval
approval of a facility will have duration of 5 years. In addition, those who have received approval be required to report changes in construction or method of operation that affect the size and production to NVE. If changes are made without reported, this will be considered a violation that can provide the basis for the fee levied if the conditions of § 16 are met. The operating mode is meant changes that might affect the guarantees of origin one is entitled to be issued. Examples of such changes may be a change of fuel type or composition of the fuel used in thermal power plants.
Construction can get approval for new periods with a duration of 5 years. For reasons of the financial and administrative implications, it should be up to the procedures for renewals making it unnecessary with a full retrial. NVE decides whether special considerations still imply complete retrial. A solution where the duration of the approval shall be equivalent to the length of the concession have been considered. Since they face different types of licenses with different lengths, a specific duration as stated by the regulations easier to relate to. The proposal also captures license-free construction.
To § 9 - Issuance of guarantees of origin
Statnett SF is responsible for balance settlement and by the ministry assigned responsibility for issuing guarantees of origin. Statnett SF is on this basis registry responsible.
Register coordinator will issue origin guarantees for facilities approved. The foundation will be measured production submitted in connection with Statnett settlement of the net. Basically originating guarantees issued consecutively as measurement data arrives. Register manager may use a reasonable amount of time on the control and administrative procedures before guarantees of origin issued.
May be issued certificates of origin to production facilities having production that fall within multiple categories simultaneously. These include waste incinerators, where portions of the fuel is renewable and other parts are not. Upon issuance of guarantees of origin for such establishments shall the actual plant get guarantees of origin in relation to the proportion of produced electrical energy from each energy source.
With effect from 1 January 2012, it was stipulated in the fourth paragraph second sentence that energy used for pumping water to be deducted from the calculation of the amount produced MWh which will form the basis for the issuance of guarantees of origin.
Duration of an origin warranty
Until 1 January 2012, set earlier fourth paragraph (the current fifth paragraph) a maximum duration of guarantees of origin to five years from date of issue. Subparagraph with effect from 1 January 2012 changed to fifth paragraphs. In terms of content provision was also amended so that provision fully reflect the requirements of lasting a maximum of one year imposed by the Renewable Energy Directive (Directive 2009/28 / EC) Article 15. 3.
duration of a guarantee of origin in the Norwegian Registry is limited to 1 year. Guarantees of origin that are not redeemed within 1 year after the date of production shutdown of the corresponding energy unit will be deleted from the holder's account in the registry.
To § 10 - Measurement
Pursuant to § 8 subsection NVE can make demands on measurement to approve construction for reception of guarantees of origin.
For production facilities in systems not covered by the Regulations on 11 March 1999 no. 301 on measurement, settlement and coordination of electricity trading and invoicing of network services (MAF), the requirements set out in that regulation § 3-10 first paragraph and § 3-3, seventh paragraph.
Guarantees of origin issued on the basis of net production. With net production means gross production in a power plant measured at the generator terminal minus consumption in any auxiliary equipment associated with the production of electric energy losses in the main transformer related to the production of the power plant and energy from any help generator.
Measured data transmitted Settlement System are gross measurements shall be for production facilities that are not covered by MAF submitted a calculation of the correction factor that takes into account consumption in the plant's auxiliary and losses in the plant's transformers. The calculation shall be conducted by an independent third party. This applies, for example production plants that are not affiliated to a network company network or production facilities which only net exchange towards a network company network reported to the settlement system.
For production installations covered by MAF be reported metrics production decreased by 2 percent before issuing guarantees of origin, if it is not submitted documentation for calculating the correction factor.
To § 11 - Register for guarantees of origin
Register coordinator has established an electronic registry. It is assumed that the register is likely to create confidence in the system of guarantees of origin. This means that every transaction made with guarantees of origin from which they are issued to those exported or redeemed and goes out of circulation must be recorded in the register. The register shall also facilitate trading with guarantees of origin in an objective and non-discriminatory manner. This includes making statistics available to stakeholders. Moreover, requirements that the Norwegian Registry to communicate with similar registers in other EEA countries. Norway is for renewable directive Article 15. 9 and CHP directive Article 5. 6 obliged to recognize guarantees of origin from all EEA countries.
Registry Manager is also responsible for compiling statistics of issued, sold, exported, imported and redeemed certificates of origin. This will be generated automatically, and such statistics should be made available to the public, for example on Statnett's website.
To § 12 - Redemption of guarantees of origin
Exercising an guarantee of origin should be understood that this is taken out of circulation so that it can no longer be traded. This can be done by the registry responsible at the request of the proprietor of origin guarantees, or directly by the holder if the technical solution permits.
A guarantee of origin is used when it is redeemed. The purpose of the redemption of guarantees of origin is to prevent a guarantee of origin is used several times. A guarantee of origin shall only be used for one purpose and only once. It is not permitted for example, first to use a guarantee of origin to consumer-oriented information in Norway, and then export the guarantee of origin. This reflects the fact that the electrical energy guarantee of origin represents can only be used once.
The regulation does not regulate the use of guarantees of origin directly. It added, however, some limitations to the use of guarantees of origin. Guarantees of origin is a tool for documenting the production of electrical energy and can have multiple uses. It is up to the market and any other provisions of the authorities to decide when and how a guarantee of origin is used.
With documentation purposes understood information about the type of electrical energy that underlie the guarantee of origin. The information can be directed for example towards end users of electricity or the public otherwise.
Guarantees of origin may be used to modify individual declaration pursuant to Regulations on 11 March 1999 no. 301 on metering and billing and concerted practices of electricity trading and invoicing of network services (measurement and accounting regulations).
To § 13 - Financing
Register Manager shall finance scheme in the same way as the settlement administrator's duties. This is partly regulated through measurement and accounting regulations. Register Manager shall invest in systems that leads to efficient operation and development.
NVE must approve fee structure. The Ministry expects that the fees be designed so that they are reasonable and appropriate.
To § 14 - Supervision
NVE supervises the system of guarantees of origin.
To § 15 - Orders
NVE can give the orders necessary for the implementation of this regulation.
To § 16 - Violation charge
Energy Act § 10-7 provides authority to impose administrative fines to any person who willfully or negligently violates or contributes to the violation of, inter alia, provisions of the Energy Act Chapter 3 to 9 and regulations, and orders issued pursuant to those provisions.
For that contravenes the provisions of Regulation on guarantees of origin or orders issued pursuant thereto shall be able violation charge is imposed, it must be "specifically provided" ref. Energy Act § 10-7 first paragraph. 2.
In accordance with this is in § 16 specifically provided that it shall be subject to administrative fines for infringement of certain provisions of the Regulation on guarantees of origin, as well as the contravention of an order issued pursuant to § 15
ability to impose a violation charge will help ensure that the provisions of Regulations are complied with and that the purpose of the provisions is achieved. Coercive fines or penalties would be unsuitable as a reaction for violating the rules.
For an imposed fee shall have adequate deterrent effect, must, inter alia, financial ability will be emphasized in the assessment of the violation charge. At the same time no reaction be unreasonable or disproportionate. What is an appropriate response must therefore be assessed specifically seriousness of the violation, infringement scale and effects of any recurrence and the benefit or profit, financial ability and guilt.
A decision on administrative penalties will be an individual who, under the Administration may be appealed to the superior administrative authority. It will in the normal way also be an opportunity to civil judicial review of the case in court. Reference is made to Sanksjonslovutvalgets review and discussion of this in NOU 2003: 15 page 195 ff.
To § 17 - Exemptions
Norwegian Water Resources and Energy Directorate may in special cases grant exemptions from the regulation. NVE determines what constitutes special circumstances.
