Introductory provisions
section 1 of this Act is to ensure that the
producing electricity shall have the right to obtain guarantees of origin issued
that shows the origin of electricity produced.
2 § With guarantee of origin "means an electronic document that
generated in accordance with the provisions of this Act and whose
purpose is to guarantee the origin of the electricity as a
electricity supplier must provide a statement of in accordance with Chapter 8. section 12 of the electricity Act
(1997:857).
Conditions for the issuing of guarantees of origin
paragraph 3 of the guarantees of origin may be issued only for such electricity which has
measured and reported to the Government
decide (kontoföringsmyndigheten).
4 § only one guarantee of origin shall be issued per energy unit.
An energy unit shall include a megawatt-hour of electricity.
Identification of guarantees of origin
§ 5 Each guarantee of origin must have an identifying number.
Cancellation of guarantees of origin
section 6 of a guarantee of origin shall be cancelled when it has been used for
the purposes listed in section 2.
A guarantee of origin shall also be cancelled if it has not
used in accordance with the first paragraph within 12 months from the
the production of the energy unit that the guarantee of origin relates.
Register of guarantees of origin
7 § Kontoföringsmyndigheten shall maintain an electronic register
of guarantees of origin.
Procedure
section 8 guarantees of origin shall be issued, transferred and cancelled
electronically.
§ 9 The Government authority determines
(supervisory body) examines questions concerning the right of assignment
of guarantees of origin.
Producer of electricity shall in writing apply to the
the supervisory authority of the rights to allotment of
guarantees of origin.
10 § Kontoföringsmyndigheten issues, transfers and cancels
guarantees of origin.
section 11 of the supervisory authority shall inform kontoföringsmyndigheten
If the decision on allocation of guarantees of origin and
transmit the data necessary for the issuance of
guarantees of origin to the authority.
section 12 if the person is registered as proprietor of a
guarantee of origin in the register of such guarantees in writing
request it, the kontoföringsmyndigheten register a
transfer of a guarantee of origin to another holder.
If someone other than the registered as holders of
the registry request the transfer of a guarantee of origin, the
kontoföringsmyndigheten register the transfer only if
owner consent.
paragraph 13 of The registered as proprietor in the register of
guarantees of origin shall request in writing that the
kontoföringsmyndigheten to cancel a guarantee of origin
after it has been used under section 2.
If such a request has not been received by the
kontoföringsmyndigheten within 12 months from the
the production of the energy unit that the guarantee of origin relates,
the authority shall cancel guarantees of origin.
A guarantee of origin from other Member States of the European
Union
paragraph 14 of a guarantee of origin from other Member States in
The European Union should be recognised, unless there are reasons to
doubt its accuracy.
If a guarantee of origin which refers to renewable electricity or high-efficiency
cogenerated electricity is not recognised, the supervisory authority shall inform the
The European Commission and indicate why the guarantee cannot
be recognised.
Supervision and withdrawal
section 15 of the supervisory authority shall exercise supervision over compliance with
by this law and by the regulations issued in connection
to the law.
§ 16 supervisory authority has the right to request the
information and to obtain the documents necessary for
supervision.
The supervisory authority has the right to request access
to production facilities as well as facilities and areas covered
to such installations to the extent necessary for the
supervision. This right does not include housing.
section 17 of the supervisory authority shall revoke a decision on the right to
the award of guarantees of origin
1. If the decision has been taken on the basis of inaccurate or
misleading information, and these have had significance for the right
to be allocated to guarantees of origin,
2. If the conditions in paragraph 3 or 4, or in accordance with
regulations issued in connection with the law, not
are met,
3. If the power producer does not provide the information, documents
or access to the factory as needed
the supervisory authority to exercise supervision, or
4. If power producer requests it.
The supervisory authority shall promptly inform
kontoföringsmyndigheten if a withdrawal decision.
A withdrawal decision shall be effective immediately.
Damages
section 18 of the one who suffers loss as a result of a technical error in the
Register of guarantees of origin is entitled to reimbursement of
State.
Compensation shall be reduced by reasonable amount or completely
fall away, if the injured party has contributed to the damage
by without due cause have failed to take
operations to ensure the preservation of their rights or if the injured party on
any other way has contributed to the damage by private
causation.
Appropriations
section 19 of the Government may provide for fees for the
the issue, transfer and cancellation of guarantees of origin
According to this law.
section 20 of the Government or the authority, as the Government determines
may provide for definitions of energy sources and
by way of producing electricity.
Appeal
paragraph 21 of the Decision on the right to the award according to § 9 and if
withdrawal under section 17 of may be appealed to the General
Administrative Court. Other decision under this Act shall not
subject to appeal.
Leave to appeal is required for an appeal to the administrative court.
Transitional provisions
2010:601
1. this law shall enter into force on 1 december 2010, when the Act
(2006:329) of guarantees of origin for highly effective cogenerated electricity
and renewable electricity shall be repealed.
2. The repealed Act remain valid for
guarantees of origin has been issued before 1 december 2010.
