Law (2010:601) Of Guarantees Of Origin For Electricity

Original Language Title: Lag (2010:601) om ursprungsgarantier för el

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:601

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.