Regulation (2015:517) On Aid To Local Climate Investments

Original Language Title: Förordning (2015:517) om stöd till lokala klimatinvesteringar

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:517

§ 1 If there are funds, State aid in the form of grants under this regulation in order to permanently reduce greenhouse gas emissions.



The regulation is notified pursuant to Chapter 8. section 7 of the Constitution.



Words and expressions in the regulation



paragraph 2 of this regulation means greenhouse gas: carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulphur hexafluoride or nitrogen trifluoride, charging station for normal charging: a charging station with a capacity of not less than 3.7 kW and a maximum of 22 kilowatts where electricity can be transferred to electric vehicles, and



charging station for fast charging: a charging station with an output of more than 22 kilowatts where electricity can be transferred to electric vehicles.



Otherwise, words and expressions in the same meaning as in Regulation Commission Regulation (EU) No 651/2014 of 17 June 2014, declaring certain categories of aid compatible with the common market under articles 107 and 108 of the Treaty.



General conditions of support



paragraph 3 of the payments may only be given to a measure contributing to



1. comply with the strategies, plans or programmes for climate and energy in the county or in the municipalities where the action is intended to be carried out, or



2. accelerate the pace to achieve environmental quality objective of reduced climate impact or to meet priority if a fossil-free fleet 2030 or 2050 vision of Sweden has a sustainable and resource efficient energy supply and no net emissions of greenhouse gases in the atmosphere.



section 4 Support is primarily given to the measures at each review is expected to provide the greatest long-term reduction of greenhouse gas emissions per investment dollar.

On the reduction of greenhouse gas emissions is the equivalent for several applications, should also take into account measures to contribute to the dissemination of technology and marketing experience, as well as to the impact on other environmental quality, health and employment.



paragraph 5 of the aid must not be granted to private individuals.



section 6 of the aid must not be granted to activities falling within the scope of the European Union's emissions trading system.



section 7 of the Aid must not be used in actions 1. must be implemented to comply with an obligation under law or under the terms of a permit, 2. eligible for certificates under the Act (2011:1200) of electricity, or



3. has begun before a decision on the issue of aid has been taken.



Special conditions for aid to enterprises



section 8 assistance to companies may only be used in accordance with the terms and conditions for such measures as set out in Chapter 1 and in any of the articles 36 to 41, 46 to 49 or 56 of Commission Regulation (EC) No 651/2014, or in accordance with the conditions laid down in Commission Regulation (EC) No 1407/2013 of 18 december 2013 on the application of articles 107 and 108 of the Treaty on the functioning of the European Union on de minimis aid.



Prerequisites for support for other than business



9 § support for other than business may be given only to the extent necessary for an action to be carried out.



Prerequisites for aid regarding charging stations for electric vehicles



10 § Support relating to charging stations for normal charging or fast charging of electric vehicles may only be given if the charging stations 1. are prepared for electricity metering and billing of electricity cost,



2. be equipped with at least the outlet or connector for vehicles of type 2 as described in standard 62196-2 or type Combo 2 as described in standard 62196-3, and



3. be placed so that they can be considered to contribute to an efficient allocation of charging stations in the area in question.



Support for charging stations for normal charging may be provided with not more than 50% of the investment costs but no more than 20 000 kroons per charging station and may not refer to charging stations installed in private households or intended primarily for charging other than electric vehicles.



Application for support



section 11 of the application for assistance shall be made in writing and submitted to the County Board in the county where the action will be carried out.



section 12 of the application for aid shall contain 1. information on the applicant, the title of the site and the start and end date,



2. a description of the measure and its funding, implementation and time schedule, 3. a list of the costs of implementing the operation and what proportion of the costs which support is sought for, 4. a cost-benefit calculus,



5. a description of how big the reduction of emissions of greenhouse gases that the measure is expected to bring in relation to whether the operation is not carried out, and an accounting of the data used in the calculation of the emission reduction, 6. a description of how the measure can contribute to the diffusion of technology and to market introduction and of the measure's effects on other environmental, human health and employment,



7. the strategy or plan or the programme measure shall contribute to under 1 or indication of the targets, the priority or the vision that the measure will contribute to according to paragraph 2,



8. a description of the tradeoffs made regarding cooperation and synergies with other activities or projects, and



9. a statement of whether the applicant has applied for or received other State aid or aid from the European Union for the same action.



section 13, If the application relates to an undertaking, it shall also include information on the name of the company, number of employees, annual turnover and balance sheet total.



section 14 If the application relates to aid falling within the scope of Commission Regulation (EC) No 1407/2013, the application shall also contain a statement about any other de minimis aid received by the applicant, during the previous two fiscal years and the current fiscal year.



The County Administrative Board's handling of applications



section 15 of the provincial Government shall submit the application documents to the environmental protection agency, together with its own opinion.



The opinion shall include the assessment of the County Administrative Board 1. compatibility of the measure with the strategy or plan or the programme referred to in paragraph 3 of the 1 or the objectives, the priorities and the vision referred to in paragraph 2,



2. whether the measure can be improved, streamlined or generate synergies through cooperation with other applicants in the County and their actions, 3. the conditions in paragraphs 6 and 7, and



4. the specific conditions for the aid should be laid down.



The environmental protection agency's testing



section 16 of the environmental protection agency examines the applications and decides on assistance in four prövningstillfällen per year.



section 17 of the environmental protection agency's decision to provide assistance shall be subject to conditions as to when the action was last to be completed, and with the other conditions needed to meet the objective of the aid.



If the decision relates to support for charging stations for electric vehicles, should the decision be reconciled with a condition that the beneficiary shall ensure that information on the charging station's location is made public in the case the charging station is available to the public.



Data from the Swedish Energy Agency



section 18 of the State's energy authority shall, for each review report information to the environmental protection agency about the distribution of charging stations for electric vehicles in each region, the priorities should be made to ensure the effective development of laddinfrastrukturen in the regions and other information relevant to such a development.



Payment of assistance article 19 A decided amount may be paid in installments. However, a maximum of 75 per cent of the amount paid before an action has been completed.



A final request for payment of the aid shall be submitted to the environmental protection agency within six months of an operation, according to the environmental protection agency's decision, the last to be completed. To request for payment, the beneficiary shall attach detailed documentary evidence to substantiate the charge by the aid.



section 20 of aid under this Regulation shall not be paid to an undertaking which is subject to payment requirements due to a decision by the Commission declaring an aid illegal and incompatible with the internal market.



section 21 Of the environmental protection agency decides to subsidies to be paid, should the decision be reconciled with the condition that the beneficiary must supply the information necessary for monitoring and evaluation of aid. The data shall be submitted, at the request of the Swedish environmental protection agency, or at the request of the Swedish Energy Agency.



section 22 of the environmental protection agency may decide that the aid shall not be paid if the 1. the applicant by false statements or otherwise caused to aid granted improperly or with excessive amount, 2. support of other reason given incorrectly or with too high amount and the recipient reasonably should have known this, 3. It turns out that it's not been the conditions for aid and the applicant for aid should have known this, or 4. the conditions of the aid have not been respected.



Refunds and chargebacks section 23 of the aid has been paid out in spite of the fact that, according to section 22 been prerequisites for not paying it out, the recipient is obliged to repay.



section 24 if a beneficiary is obliged to refund under section 23, the Swedish environmental protection agency decide to fully or partially recover the aid with interest rate


(1975:635). If there are special reasons, the Swedish environmental protection agency waive the requirement of repayment and interest in whole or in part.



Monitoring and evaluation section 25 Swedish Energy Agency is responsible for monitoring and evaluation of support to charging stations, and Naturvårdsverket is responsible for monitoring and evaluation of the support for the other.



section 26 of the environmental protection agency shall keep the records referred to in



1. Article 12 of Commission Regulation (EC) No 651/2014, and 2. Article 6(4) of Commission Regulation (EC) No 1407/2013.



In case of an application for aid under Commission Regulation (EC) No 1407/2013, the environmental protection agency provide the information to the company as is clear from article 6(1) of that regulation.



Authorization section 27 of the environmental protection agency may announce 1. further regulations concerning the information to be provided in the application for aid, and in connection with the request for payment, 2. rules on the information to be made available before the monitoring and evaluation of aid, and



3. the other provisions necessary for the implementation of this regulation.



Before the environmental protection agency Announces regulations relating to charging stations should really hear the Swedish Energy Agency.



Appeal section 28 in 22 a of the Administrative Procedure Act (1986:223) there are provisions for appeal to the administrative court. Other decision than the decision by the environmental protection agency in cases under sections 20 and 22 may, however, not subject to appeal.