1 Cape. Introductory provisions
section 1 of this Act is to promote the production of
renewable electricity.
Definitions, etc.
section 2 of this Act means:
1. renewable electricity: electricity generated from renewable
energy sources or turf,
2. renewable energy: biofuels, geothermal energy,
solar power, hydro power, wind power and wave energy,
3. construction: electricity generating plant with one or more
production units behind the same measuring point,
4. certificates: certificates have been issued under this Act
or of another State under such an international
agreement referred to in section 5, and containing a statement of the
that renewable electricity has been produced,
5. quota duty: requirement to hold and cancel certificates
in relation to the sale or use of electricity;
6. calculation year: the calendar year preceding the cancellation
as referred to in Chapter 4. section 11 takes place on april 1,
7. electricity supplier: the professional supplier of electricity,
8. electricity-intensive industry: business or part of a company that
make up your own business or service branch, where it
(a)) are carried out and in the last three years has been conducted
industrial production in a process that has been used in
an average of at least 190 megawatt-hours of electricity for every million dollars
of value added,
(b)) carried out new activities with industrial production in a
process in which it is used or is expected to be used in the average
at least 190 megawatt-hours of electricity for every million dollars of
value added, or
c) carried out activities for which deductions may be made for tax on
electrical power in accordance with section 11. 9 § 2, 3 or 5 teams
(1994:1776) on tax on energy,
9. value added: the difference between the electricity-intensive
industry
– total turnover, i.e. income from sales
goods and services, including their own outlet, which is part of the
the company's normal activities (net sales), change
inventories, enabled the work on their own account, other
operating income and interest income, and
– total purchases, i.e. all operating expenses,
including depreciation and impairment losses on assets, and
interest expenses but not personnel costs, including
Payroll taxes and costs for Agency staff.
Government or authority the Government determines may
provide for what is meant by biofuel in the first
subparagraph 2. Law (2012:399).
3 § If several production units for hydro-electric or
wind power can be found in the vicinity of each other and common foods
in electricity on the grid, the, although the definition in section 2 of the
the first paragraph 3, shall be considered as separate establishments.
section 4 of the Government appoints the regulatory authority and
kontoföringsmyndighet under this law.
Common elcertifikatsmarknader
paragraph 5 of the Certificates that have been issued for the production of
renewable electricity in another State may be used to meet the
a quota under this law, if the Swedish
elcertifikatssystemet has been coordinated with
elcertifikatssystemet in the other State through a
international agreement.
On a common elcertifikatsmarknad be set up to the
elcertifikatsregister referred to in Chapter 3. 1 § be designed,
the States ' electricity certificates can be transferred and cancelled
electronically to the registry. The pricing information referred to in
3 Cape. section 16 shall be calculated on the basis of data for the
common elcertifikatsmarknaden.
Chapter 2. Award of certificates
Approval of the facility for the award of certificates
section 1 to be awarded certificates to the holder of a
facility in writing apply to the regulator if
approval of the facility for the award of
electricity certificates. This arrangement applies both to new
facilities at the production referred to in paragraph 8 of the
and alterations referred to in section 9.
If the conditions of this chapter are met,
the regulatory authority may decide to approve the facility for
the award of certificates.
If the authority approves an allocation of
certificates shall at the same time lay down the period within
the certificates may be awarded.
Conditions for approval for the allocation of
electricity certificates
section 2 of A plant to produce renewable electricity and be
taken in
operation in order to qualify for certificates.
paragraph 3 of the electricity certificates may only be assigned for such renewable electricity
whose input quantity and distribution over time has been measured
and reported to kontoföringsmyndigheten.
If the input is from the plant are made into an electricity transmission grid
used without the support of networks, the concession holder of the
the plant responsible for the measurement and reporting.
The holder of an establishment shall, in particular, calculate and
report generation on
1. only a part of the electricity production in the plant
eligible for certificates, or
2. It follows from the rules given under
of section 13 1.
Specific requirements for electric power generated with liquid
bio fuel
4 § When electricity is produced with such liquid bio fuels
the meaning of the law (2010:598) on sustainability criteria for
biofuels and liquid biofuels, the electricity certificates
awarded only if biofuels are sustainable
According to the same law.
Specific requirements for electric power generated with hydro power
5 § For electricity produced by hydropower electricity certificates may
are assigned only to the production with a plant
1. put into service for the first time since the end of 2002,
2. was operational on 1 May 2003 and then had an installed
power not higher than 1 500 kilowatts, or
3. taken out of service before 1 July 2001 onwards
put into service after the end of 2002 if there has been
such extensive alterations or other investments
the plant should be regarded as a new facility.
If an establishment referred to in the first subparagraph 1 has a
installed power of more than 1 500 kW and
production at the facility replaces the previous
production, electricity certificates may be awarded only for
production in accordance with section 8, first paragraph.
Allocation as referred to in the first subparagraph 3 should be carried out in accordance with
9 paragraph.
section 6 of the electricity certificates may be awarded for electric power generated with
hydropower in an establishment not covered by section 5 of, if
a decision by the authorities, or the provisions of any other law or
Regulation, places new demands on how the business will be
be conducted or how the facility will be designed and
regulator finds that the new requirements will make it
impossible for the holder to engage in a long-term profitable
production at the facility where the holder is not assigned
electricity certificates.
Certificates may also be assigned for electric power generated with
hydropower in an establishment not covered by section 5 of, if
the plant has an installed power of up to 15
megawatts and the holder intends to make extensive
alterations or other large investments in plant
that, according to the regulator's assessment, cannot lead
to a long-term profitable production without the holder
awarded certificates.
Assignment periods
section 7 for the production of electricity on a farm for the first
time has been in operation since 30 april 2003,
certificates are awarded for a maximum period of fifteen years from
regulator's approval for the allocation of
electricity certificates.
For an establishment for the first time has put into service
before 1 May 2003, electricity certificates awarded
1. for the production until 31 december 2014, if
electricity produced with biofuels, hydropower or
wind power and State contributions to an investment or
reconstruction of the plant have been made after February 15
1998 according to a program for certain investments in the
the energy sector, or
2. in cases other than those referred to in paragraph 1, for the production of
31 december 2012.
Award for production increase
section 8 of the plant where the electricity is produced by hydroelectric power may
certificates are awarded for sustainable production
carried out after the april 30, 2003.
For other electricity generation electricity certificates may be assigned for
sustainable production increases implemented after 31
December 2006 on the production increase has taken place as a result
investment in the plant.
Certificates for production may be awarded for a maximum period of
fifteen years from the date of production went up.
New assignment after rebuilding
section 9 Certificates may be awarded for the production of a
plant whose production has been previously assigned to
electricity certificates only if there have been such extensive
alterations or other investment in the plant to
It should be regarded as a new facility.
If electricity is produced by hydroelectric power in an establishment
has an installed power of more than 1 500 kW
and production at the plant has been previously assigned to
electricity certificates for only a sustained increase in production, the
certificates are awarded only for production increases also
If such extensive alterations referred to in the first
subparagraph has been made.
The supervisory authority examines whether a facility shall be deemed to be
new and establish, where appropriate, from the date
the plant is considered to be new. Electricity certificates may
awarded for a maximum period of fifteen years from the date the plant is
considered to be new.
Extended allocation period
section 10 there have been obstacles for the award of certificates
for a period, the supervisory authority may, on application
from the holder of the plant extend
the assignment period with the corresponding three-month period, if there is
exceptional circumstances.
The far limit for the award
section 11 of the electricity certificates may not be assigned for the production of electricity
After the end of the year 2035.
Advance notification
12 § upon written application by the holder of the
the plant should the regulator provide advance notification
If the possibility of obtaining a facility approved for
1. allocation for resumed operation after reconstruction
According to paragraph 5 (3),
2. allocation under section 6, second paragraph,
3. allocation of production increase under section 8, or
4. new assignment after conversion in accordance with section 9.
An advance ruling may be subject to conditions and are binding
at a later examination of the approval.
Authorization
section 13 the Government, or the Government
determines, may provide for
1. measurement and reporting in accordance with section 3,
2. the measures and conditions for the award of certificates
for production under section 8 or to a
facility shall be considered new within the meaning of paragraph 5 3
or section 9.
3 Cape. Account-keeping of electricity certificates
Elcertifikatsregister
1 § Kontoföringsmyndigheten shall keep an electronic
Register of certificates.
Elcertifikatsregistret will consist of certificate accounts
kontoföringsmyndigheten'll put up for
elcertifikatsberättigade holders of plants and
for quota requirements and declaration required.
Upon written application to kontoföringsmyndigheten post
up certificate accounts for those who are not covered by other
paragraph.
Award of certificates by registration
section 2 of the Kontoföringsmyndigheten assign certificates.
Certificates awarded by the certificate is registered
on the account of the
elcertifikatsberättigade the holder of a plant.
Each aims to cover a megawatt-hour renewable electricity
and have an identification number and an indication of the
Today it is assigned to the facility's owners.
Registration as referred to in the first subparagraph shall be made as soon as possible after
a report on the elcertifikatsberättigande
electricity production has come in to kontoföringsmyndigheten.
If the regulator has taken such a decision if
reduction of the allocation referred to in Chapter 5. section 7 shall
the allocation shall be made in accordance with the decision.
Transfer of certificates
§ 3 When an electricity certificates have been transferred to
kontoföringsmyndigheten at the request of the grantor
register as soon as possible the transfer of the acquirer's
certificate account. Kontoföringsmyndigheten should also
record sale price of elcertifikatet and enter
the time of registration.
Have the customer applied to the assigned certificate
will be recorded on his account, a preliminary
registration of the transfer is made on the transferor's
certificate account, the registration referred to in the first
subparagraph have not yet taken place. Kontoföringsmyndigheten to
then submit to the assignor to give its opinion on the application
within two weeks he had been part of the
the injunction. If the grantor does not object to the application
within this time or make objection that clearly lacks
fog, they transferred the certificates are recorded at
the acquirer's account.
Pledging of certificates
4 § Of mortgages granted in an electricity certificates should
kontoföringsmyndigheten at the request of pawn typesetter
as soon as sign the pledge on pledge sättarens
certificate account. Time of registration should be provided.
The pledgeholder has applied to a pledge to
be registered, should a preliminary registration of
pledge made at the deposit account on sättarens,
registration referred to in the first subparagraph have not already
taken place. Kontoföringsmyndigheten will then submit to the
deposit the typesetter to give its opinion on the application within two weeks
from the time he received part of the notice. If
deposit the typesetter will not object to the application within this time
or make objection that clearly has no fog, to
the pledge final recorded on pant sättarens
account.
5 § When a pledge of an electricity certificates have expired,
to kontoföringsmyndigheten application by the pledgeholder
promptly remove the pledge from the
Pant sättarens certificate account. The time of
registration should be provided.
Has secured the typesetter made an application for the registration of
the pledge should be removed, should a preliminary
registration of the pledge have ceased to be made on
Pant sättarens account, the registration referred to in the first
subparagraph have not yet taken place. Kontoföringsmyndigheten to
then submit the pledgeholder to give its opinion on the application
within two weeks he had been part of the
the injunction. If the pledgeholder does not object to the application
within this time or make objection that clearly lacks
fog, the registration of the pledge is removed.
The procedure for the application for registration in
elcertifikatsregistret
section 6 of the application for registration in elcertifikatsregistret
should be made in writing on a form provided
of kontoföringsmyndigheten and contain the information
indicated on the form.
section 7 where an application for registration in elcertifikatsregistret
not made in writing on a form referred to in section 6, the
kontoföringsmyndigheten reject it.
If the form is not completed, the applicant must
be submitted to complete the application.
If kontoföringsmyndigheten has submitted to an applicant to
complement such an application as referred to in sections 3 to 5, should
authority shall make a preliminary recording information
to transfer or use as security the certificate account.
Final registration should be done when all the information has
come in.
8 § Kontoföringsmyndigheten shall refuse
registration in elcertifikatsregistret if
1. a transferor, pledges typesetters or pledge holders made a
objection in accordance with paragraph 3, paragraph 4
or 5 section and it is not clear that
the opposition has no fog,
2. a notice under section 7 of the second paragraph are not followed,
3. the application relates to the transfer of an electricity certificates which
a pledge is registered to, or
4. the registration application does not comply with the
an existing registration in accordance with section 4 or 9.
Registration of notice
section 9 If kontoföringsmyndigheten has been advised of the possibility of a
holders of a certificate account gone into liquidation, the
This is registered on the account. The same applies if the
the Agency has been informed that an electricity certificates or
a right that is registered under this Act have
been imposed, subject to lien or become subject to
payment assurance.
If kontoföringsmyndigheten has been advised of the possibility of a
bankruptcy withdrawn, that a bankruptcy or to
such a measure referred to in the first subparagraph has been suspended
or reverted, should such a registration referred to in
the first paragraph is deleted.
Legal effects of registration
section 10 of the holder of a certificate account may, with the
restrictions implied by the registration of the account,
have the certificates that are registered in
account.
section 11 of the same electricity certificates have been transferred to several was
separately, the transfer preference registered
first. Registration is not a transfer
overrides a previous transfer if the acquirer
knew or should have known of the earlier
the transfer, when the transfer was registered. This applies to
even acquisition through the Division of property, inheritance, succession;
General parcel or similar means of acquisition, as regards
primacy between such acquisition and another
transfer.
For the purposes of applying the first subparagraph, a preliminary
registration, have the same legal effects as a final
registration.
section 12 Has a certificates in other cases than those referred to in section 11 of
been left by someone who did not possess it, the transfer
valid if the certificate was registered on the transferor's
certificate account at the time of the transfer and
the transfer has been registered and the transferee when neither
knew or should have known that the transferor does not
was the certificate. This also applies to transfers from
the elcertifikatet that occurred, if he did not have the right to
dispose of it through transfer.
For the purposes of applying the first subparagraph, a preliminary
registration, have the same legal effects as a final
registration.
section 13 A pledge of an electricity certificates are treated in
the same way as a transfer for the purposes of sections 11 and
12 sections.
Notification to the account holder
14 § When kontoföringsmyndigheten made a recording on
a certificate account, the account holder certificate
notified in writing it.
At the latest by the end of January each year to
kontoföringsmyndigheten notify the account holder of the
the contents of his account as at 31 december of the previous
calendar year.
Correction of indication on the certificate account
15 § a statement entered on a certificate account should be corrected, if the
contains no obvious irregularity resulting from
clerical error, clerical error or similar oversight or to
due to a technical error. The one whose right to be affected
an opportunity to be heard, unless the correction is in favor
for this or the opinion otherwise is manifestly unnecessary.
Publication of information
16 § Kontoföringsmyndigheten shall continuously publish
information on the transfer of electricity certificates. Information
to refer to the date of transfer, the number of transferred
certificates and prize for elcertifikaten. Authority
to further the ongoing publication of the volume-weighted
the average price of elcertifikaten in the
previous 12 months, the number of certificates that
assigned power generators during the same period.
Government, or the Government authority determines,
may provide for the development and
publication of information and on the calculation of the
volume-weighted average price of elcertifikaten according to
the first paragraph.
The processing of personal data
section 17 of the subject of this Act or of
regulations issued by virtue of law, applied
personal data Act (1998:204) in the treatment of
personal data when certificates are posted in
elcertifikatsregistret.
Kontoföringsmyndigheten is a data controller under the
personal data for the processing of personal data
carried out in elcertifikatsregistret.
section 18 in respect of personal data to the register have to
purpose to provide data for
1. activities of the State or municipality responsible according to
the law and that
(a)) refers to the certificates that are registered in the
elcertifikatsregistret,
(b)) to be able to be fulfilled will require access to
information on certificates, or
(c)) relating to the performance of the obligation,
2. supplies of electricity certificates, and
3. business, lending or other public
or individual activities where information about certificates
forms the basis for trials or decision.
19 § Kontoföringsmyndigheten shall, upon request, disclose
data in elcertifikatsregistret to
the supervisory authority. The regulatory authority may have
direct access to elcertifikatsregistret.
4 Cape. Quota duty
Liable to the quota players
paragraph 1 of the Quota are subject to
1. electricity suppliers,
2. electricity users who use the electricity they produced about
the amount of used electricity of more than 60 megawatt-hours per
calculation wounds and has been produced in a plant with a
installed power of more than 50 kilowatts,
3. electricity users to the extent that they have been using electricity as the
have imported or purchased on the Nordic electricity market, and
4. electricity-intensive industries that have been registered.
Quota duty shall become chargeable at the
(1) an electricity supplier begins delivering electricity,
2. the electricity users start using electricity referred to in the first
paragraph 2 or 3, or
3. a power-intensive industry has been registered.
The quota obligation ceases when
(1) an electricity supplier ceases to deliver electricity,
2. an electricity ceases to use the electricity referred to in the first
paragraph 2 or 3, or
3. a power-intensive industry has been deregistered.
Quota obligations meaning
section 2 of the one who has been subject to quota under the year of calculation
on 1 april the following year in possession of certificates of
cancellation in relation to their sales and
use of electricity during the year of calculation.
Declaration obligation
section 3 of the one who has been subject to quota under the year of calculation
by 1 March of the following year in writing in a
Declaration to the regulator provide details of
the electricity that will form the basis for the calculation of
the quota obligation imposed under section 4 and the electricity should not be taken into account
According to section 5 of and the number of certificates to be cancelled.
Quota obligations scope
4 §/expires U: 2016-01-01/Quota obligation calculated according to what is shown by
the following table.
Year number of calculation electricity certificates
for quota per sold or use MWh electricity
2003 0.074
2004 0.081
2005 0.104
2006 0.126
2007 0.151
2008 0.163
2009 0.170
2010 0.179
2011 0.179
2012 0.179
2013 0.135
2014 0.142
2015 0.143
2016 0.144
2017 0.152
2018 0.168
2019 0.181
2020 0.195
2021 0.190
2022 0.180
2023 0.170
2024 0.161
2025 0.149
2026 0.137
2027 0.124
2028 0.107
2029 0.092
2030 0.076
2031 0.061
2032 0.045
2033 0.028
2034 0.012
2035 0.008
If the calculated quota obligations do not include electricity certificates
to an integer, the number is rounded to the nearest
integer.
In the calculation of the electric company's quota will
the sale of electricity is considered to be equal to the amount of electricity that
the electricity supplier has invoiced electricity users in
the year of calculation.
In the calculation of a elanvändares quota, the part
of the use that is made up of electricity purchased from a
electricity supplier is deemed to be equal to the amount of electricity that user of electricity
invoiced during the year of calculation.
4 §/comes into force: 2016-01-01-Quota duty shall be calculated by multiplying the number of megawatt-hours of electricity sold or used during the year of calculation of the quota for the year of calculation specified in brackets as follows: – 2003 (0.074),
– 2004 (0,081),
– 2005 (0.104),
-2006 (0,126),
-2007 (0,151),
– 2008 (0,163),
– 2009 (0,170),
– 2010 (0.179),
– 2011 (0.179),
– 2012 (0.179),
to 2013 (0,135),
-2014 (0,142),
-2015 (0,143),
– 2016 (0,231),
-2017 (0,247),
– 2018 (0,270),
– 2019 (0,291),
-2020 (0,288),
– 2021 (0,272),
-2022 (0.257),
-2023 (.244),
-2024 (0,227),
– 2025 (0,206),
– 2026 (0,183),
– 2027 (0,162),
-2028 (0,146),
-2029 (0,130),
– 2030 (0,114),
-2031 (0,094),
– 2032 (0.076),
-2033 (0.052),
-2034 (0,028), and
-2035 (0,013).
If the calculated quota obligations do not include electricity certificates to an integer, the number is rounded to the nearest integer.
Law (2015:624).
4 AOF/comes into force: 2016-01-01-in the calculation of a elleverantörs quota duty referred to in section 4 shall be deemed equivalent to the quantity of electricity sold electricity the electricity supplier has invoiced electricity users for the year of calculation.
Law (2015:624).
4 (b) §/comes into force: 2016-01-01-in the calculation of a elanvändares quota duty referred to in section 4, the proportion of the consumption that consists of electricity purchased from an electricity supplier shall be deemed to be equal to the amount of electricity that user of electricity invoiced during the year of calculation. Law (2015:624).
5 § when calculating the quota duty is not taken into account electricity
1. entered on the electrical network in order to
maintain the network function (förlustel),
2. an electricity supplier has supplied to the electricity users without
compensation in accordance with an agreement infringing compensation,
If delivery occurs at a lower power than 50 kilowatts
(frikraft),
3. has been used in the industrial production process in
a registered such electricity intensive industry referred to in 1
Cape. 2 paragraph 8(a) or (b),
4. may be deducted under section 11. 9 § 2, 3 or 5 teams
(1994:1776) on tax on energy, on electricity has been used in a
registered such electricity intensive industry referred to in Chapter 1. section 2 of the
first subparagraph 8 (c),
5. an electricity users have produced and used, in a
plant which has an installed power of up to 50
kilowatts,
6. has been used in the production of electricity (auxiliary power), or
7. the electricity users have produced and used, if the
use the amount of electricity does not amount to more than 60
megawatt-hours per year of calculation.
If the quota obligation for an electricity-intensive industry comprises only
such power that should not be taken into account in accordance with the first subparagraph 3
or 4 and other electricity does not exceed 60 megawatt-hours per
years, nor taken into account in the calculation of the residual electricity
the quota obligation.
Registration of quota
section 6, any person who is subject to quota under paragraph 1(1) 1, 2
or 3 shall in writing notify the
the supervisory authority. Notification shall take place no later than two weeks
After the quota obligation entered. The supervisory authority
to register the quota to redeem.
If the supervisory authority has a good reason to
Suppose someone is subject to quota under paragraph 1(1) 1,
2 or 3 without making a notification to
authority record them. Before such registration
takes place, the person concerned of the action have the opportunity to
give its opinion.
A decision on registration shall be effective immediately.
section 7 of the regulatory authority shall upon written application
register an electricity-intensive industry such as quota obligations.
Cancellation of quota
section 8 of The who is no longer subject to quotas as referred to in paragraph 1 of the first
paragraph 1, 2 or 3 shall be given in writing to make a complaint about
this to the supervisory authority. Notification must be made no later than
two weeks after the quota obligation ceased.
The regulatory authority shall deregister the notification
refers to.
If the supervisory authority has reason to believe that someone's
the quota obligation has ended without the data subject has made
a notification referred to in paragraph 1, the authority shall
unregister it. Before cancellation takes place, the person
involved in the action have the opportunity to be heard.
A decision on cancellation shall be effective immediately.
section 9, the regulatory authority shall de-register an industry that
no longer is a power-intensive industry.
The regulator must also deregister an electricity-intensive
industry if the registration was based on incorrect or
misleading information or its representatives requesting
it.
A decision on cancellation shall be effective immediately.
Cancellation of certificates
section 10 of the supervisory authority decides how many certificates
to cancel. If the regulator decides on
cancellation of more certificates than the quota to redeem
stated in its Declaration, the excess number of
electricity certificates registered as locked on account of
pending the final decision on how many
certificates to be cancelled.
The regulatory authority shall communicate to the
kontoföringsmyndigheten if the number of certificates to be
cancelled or be registered as locked.
11 § Kontoföringsmyndigheten to 1 april of each year
Cancel or freeze the number of certificates that
regulatory authority, leaving the task of.
Cancellation or locking may not be made by electricity certificates which
has
1. pledged under a preliminary or final
registration on the account,
2. been imposed, subject to lien or become subject to
payment assurance, or
3. transferred pursuant to a preliminary registration on the account.
Kontoföringsmyndigheten should, where appropriate,
disallow certificates that are locked when a decision about how
many certificates to be annulled has become final
force.
Authorization
section 12 of the Government, or the Government
determines, may provide for
1. exemption from the obligation of declaration referred to in section 3,
2. registration under section 7, and
3. deregistration under section 9.
Chapter 5. Supervision
section 1 of the regulatory authority of this law
and the regulations made in relation to the law
is followed. Supervision does not
kontoföringsmyndigheten.
The powers of the supervisory authority
section 2 of the regulatory authority has the right to request the
information and documents necessary for
supervision.
section 3 of the regulatory authority may inform the injunctions
need for regulatory oversight.
An order may be subject to a penalty.
section 4 of the regulatory authority shall, upon request, access to
facilities as well as facilities and areas associated with such
facilities to the extent necessary for supervision.
This right does not include housing.
Police authorities should provide the necessary assistance for
supervision.
5 § If there is reason to assume that the subject
supervision has committed crimes, he may not be submitted at
penalty to participate in the investigation of a matter connected
with the act as a crime the suspicion relates.
Withdrawal of approval and of advance notification
section 6 of the regulatory authority shall withdraw an authorisation for
the award of certificates of
1. the facility no longer meets the conditions
for approval, or
2. approval has been provided due to incorrect or
misleading information in an application for authorisation and
These have had a bearing on rättten be awarded
electricity certificates.
The regulatory authority shall revoke a prior notice of
1. the conditions that formed the basis for the statement, the
changed, or
2. the ruling has been delivered because of incorrect or
misleading information and these have had a bearing on
the crucial.
A withdrawal decision shall be effective immediately.
Reduction of the award of certificates
section 7 If the regulator finds that the production of electricity
reported according to Chapter 2. 3 paragraph does not
eligible for certificates to the extent
reported, the authority shall decide on the reduction of
Award of certificates and shall notify the
kontoföringsmyndigheten.
A decision on reduction shall be effective immediately.
Conservation of documents
section 8 any person who is or has been subject to quotas by
accounts, notes or otherwise ensure that
There is evidence to substantiate the information provided on
the electricity is used as the basis for the calculation of the quota
According to Chapter 4. 4 § and the electricity should not be taken into consideration under 4
Cape. 5 §.
The substrate should be kept for seven years after the end of the year
After the year of calculation.
Certain specific obligations
section 9 If the person is guilty of declaration according to Chapter 4. paragraph 3 of the
do not leave a statement on time, or leave a
Declaration is incomplete, the regulatory authority
submit to the tax obligation to leave a
Declaration or make the additions as needed.
The regulatory authority may also submit to the
tax obligation to send information and show off
documents to the extent necessary to ensure control of
that Declaration is correct. An injunction may be subject
with a penalty.
section 10 of the holder of the concession on the network is required to
the request of the supervisory authority to provide information on the
the transfer of power that has occurred to the electricity users referred to in 4
Cape. 1 § 2 or 3.
If the requested information is not provided, the regulatory authority may
submit to the uppgiftsskyldige to provide the data. A
injunction may be subject to a penalty.
section 11 of the holder of a plant as well as suppliers to
on the regulator's request, provide the
Statistics Authority.
If the requested information is not provided, the regulatory authority may
submit to the uppgiftsskyldige to provide the data. A
injunction may be subject to a penalty.
Chapter 6. Fees
Quota mandatory fee
§ 1 the person is subject to the State quota to pay a
special fee (mandatory quota fee), if
1. the quota to redeem in his declaration as referred to in Chapter 4. paragraph 3 of the
Enter a smaller number of certificates than covered
of quota obligations, or
2. the number of electricity certificates which, according to the regulator's
decisions are subject to the quota obligation has not been cancelled
or locked on the quota that accrue certificate account.
Mandatory quota fee is calculated per electricity certificates which, according to
the first subparagraph is not cancelled on the quota that accrue
certificate account and amount to 150% of the
volume-weighted average of elcertifikatspriset during
the period from 1 april to calculation and
31 March of the following year.
Mandatory quota fee may not be decided for electricity certificates which are
registered as locked according to Chapter 4. section 11 of the first paragraph.
section 2 of the supervisory authority examines questions concerning the mandatory quota charge.
The authority shall decide on mandatory quota fee by 1
September of the year following the reference year. If the authority does not
decisions within the allotted time, fall issue of
mandatory quota charge.
3 § If the quota to redeem have supplied false or
misleading information relevant to quota obligations
in a declaration or an application for
registration, the regulatory authority on or after 1
September of the year following the year of calculation may require this
mandatory quota fee or change fee. Such
decision should not, however, be notified after the expiry of the fifth
the year after the calendar year in which the decision should have been taken
According to section 2.
section 4 of the regulatory authority may, on application by the
quota to redeem, reduce mandatory quota fee if there is
exceptional reasons for it.
Penalty fee
5 § the holder of a facility shall pay a
sanction fee to the State for the electricity certificates which
incorrect assigned to the holder, if the assignment
made on the basis of false or misleading information
provided
1. in an application for an authorisation as referred to in Chapter 2. 1 §,
2. when reporting under Chapter 2. paragraph 3 of the second and third
paragraphs, or
3. in the application for extended allocation period under 2
Cape. section 10.
The supervisory authority examines questions about the fee.
The fee will be calculated in accordance with paragraph 1. Period
for the calculation of the elcertifikatspriset should be the
the 12-month period preceding the date of the decision. A
decision on the sanction may not relate to electricity certificates which
assigned to the holder of the plant more than two years before the
regulator's decision.
Late fee
section 6 If a declaration referred to in Chapter 4. 3 § not provided in
the right time, to the tax obligation to pay a
late fee of $ 100 to the State.
The supervisory authority examines questions about the late fee.
The Declaration obligation should be exempted from
late fee, if, having regard to the circumstances
as the Declaration culprit has not been able to prevail over
seems to be excusable that Declaration is not given in the
the time or if it is clearly unreasonable to
take it out.
Fees for case handling
section 7 For account-keeping and registration of the transfer of
electricity certificates may kontoföringsmyndigheten charge fees.
A fee must not be charged for registration as
happens when certificates are cancelled or be assigned to a
holders of a plant.
The Government may provide for fees for
account-keeping and registration of the transfer of
electricity certificates.
Recovery
section 8 If a mandatory quota fee, a fee or
late fee has not been paid after
due notice, should the fee be submitted for collection.
The same is true for a fee for account-keeping or for a
fee for registration of transfers of electricity certificates.
For the recovery may enforcement under the Enforcement Act
take place.
Chapter 7. Penalties and damages
Penalty
1 § to a fine or imprisonment not exceeding six months convicted the
who willfully
1. breach of the obligation to notify under 4
Cape. section 6 of the first paragraph, or, in the case of electricity users,
4 Cape. section 8, first subparagraph, or
2. in a declaration referred to in Chapter 4. 3 § leave a
false or misleading indication as to the amount of sold, use
or electricity produced.
Is an offence referred to in the first subparagraph shall be considered as
seriously, should be sentenced to imprisonment not exceeding two years. In call
cases should not be responsible.
2 § fined condemned anyone who intentionally or
negligently leave an incorrect indication to
kontoföringsmyndigheten in an application pursuant to Chapter 3. paragraph 3 of the
the first subparagraph if the price at which electricity certificates have
have been transferred. In call cases should not be responsible.
3 § Responsibility under this law are judged not out if the deed is
subject to penalties under the criminal code.
section 4 of The who have not followed a fines are judged not
to liability under this Act for an offence which is subject to
of the notice.
Damages
section 5 of the one who suffers damage due to a technical error in
elcertifikatsregistret is entitled to compensation by the State.
Compensation shall be reduced by reasonable amount or
fall away, if the injured party has contributed to the injury
by without reasonable grounds not to take
operations to ensure the preservation of their rights or if the injured party
in any other way have contributed to the injury suffered by
negligence.
section 6 of an owner or rights-holders hit by injury
as a result of a decision on redress under Chapter 3. section 15
is entitled to compensation by the State. However, reimbursement
not if the injured party with regard to the nature or the
other circumstances had away realize that there have been
error.
7 § in addition to the provisions on the compensation of the 5 and 6 §§
the provisions of section 48 of the personal data Act
(1998:204), a claim for damages in the treatment of personal data
According to this law.
paragraph 8 of the State represented in cases for compensation under 5 and
6 sections of the Government authority determines.
Chapter 8. Appeal
paragraph 1 of the decision of the supervisory authority of the following questions,
be appealed to a General Administrative Court:
1. approval as referred to in Chapter 2. 1 § and prior notification in accordance with
Chapter 2, section 12,
2. extended assignment period as set out in Chapter 2. section 10,
3. registration pursuant to Chapter 4. 6 and 7 sections,
4. de-registration according to Chapter 4. 8 and 9 sections,
5. cancellation of certificates according to Chapter 4. section 10,
6. an order that has been United with the penalty in accordance with Chapter 5. 3 §,
7. withdrawal of approval and of advance notification
According to Chapter 5. section 6,
8. the reduction in the allocation of certificates under 5
Cape. section 7,
9. the injunction which has been United with the penalty in accordance with Chapter 5. 9 –
11 § §,
10. quota under Chapter 6 mandatory fee. 1 § and reduction of
mandatory under Chapter 6 of the quota charge. 4 §,
11. a fee as referred to in Chapter 6. 5 section, and
12. late fee pursuant to Chapter 6. section 6.
section 2 of the decision of kontoföringsmyndigheten the following questions
may be appealed to a General Administrative Court:
1. the award of certificates in accordance with Chapter 3. section 2 of the first
and second subparagraphs,
2. registration pursuant to Chapter 3. 3 to 5 sections,
3. the expulsion referred to in Chapter 3. section 7,
4. refusal in accordance with Chapter 3. section 8, and
5. correction pursuant to Chapter 3. section 15.
paragraph 3 of the leave to appeal is required in the case of appeal to the
Chamber right.
section 4 of the decisions taken by the Governing Council under this law may not be appealed.
Transitional provisions
2011:1200
1. This law shall enter into force on 1 January 2012 when the law
(2003:113) If certificates to expire.
2. The repealed law continues to apply in respect of
Award of certificates for the production of electricity with
hydroelectric power, if a decision on the permits required for
activities under Chapter 11. the environmental code has become final
force at the time of entry into force.
3. A decision to authorise a plant that generates electricity
with hydropower, or an advance notification of the possibility
to get a plant for the production of starch, which has approved
granted prior to the entry into force shall not be withdrawn pursuant to
Chapter 5. 6 paragraph 1 and the second subparagraph 1 of the new
the law on the grounds that the facility does not meet the requirements
provided for in Chapter 2. 5 paragraph 3 and others
subparagraph, and paragraph 9 of the new law.
2012:399
This law shall enter into force on 1 July 2012 but this provision should
apply for the period from 1 January 2012.