Law (2011:1200) Of Electricity Certificates

Original Language Title: Lag (2011:1200) om elcertifikat

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:1200

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.