Regulation (2009:938) Concerning State Aid To The Measures For The Production, Distribution And Use Of Biogas And Renewable Gas
Original Language Title: Förordning (2009:938) om statligt stöd till åtgärder för produktion, distribution och användning av biogas och andra förnybara gaser
Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2009:938
§ 1 the aim of this regulation is to promote energy technology
favourable from a climate perspective, but not yet
commercially competitive, through the support that contribute to a
effective and increased production, distribution and use
of biogas and renewable gas.
section 2 of the terms and expressions used in this regulation were
the same meaning as in the Commission Regulation (EU) no
651/2014 of 17 June 2014, declaring certain categories of
aid compatible with the common market in accordance with
articles 107 and 108 of the Treaty.
With biogas and renewable gas referred to in this regulation
gas consisting primarily of methane, which is extracted from the
biological material. Regulation (2014:1531).
Conditions for support
paragraph 3 of the support may only be provided in accordance with the conditions
specified in chapter i and article 41 of Commission Regulation
(EU) No 651/2014.
Support may be provided as a one-time grant on the availability of funds.
4 section for support to be provided to a project should
1. contribute to the increased production, distribution and use of
biogas and renewable gas,
2. be favorable from a climate perspective and provide the largest
potential climate benefits in relation to the payment of the aid applied for,
3. be energy-and resource-efficient, and
4. have the technical potential for development as well as
In the assessment according to 2, measures to minimize
the leakage of methane especially taken into account. In the assessment of
resource efficiency under 3, the measures to effectively
make use of digestate special consideration.
If the funds have been earmarked for aid is not sufficient to
grant applications received, shall be provided to support the measures
best is considered to be equivalent to the conditions referred to in the first and
second subparagraph, and the purpose of the support referred to in paragraph 1.
The amount of aid
5 § Support may be provided with the aid intensities laid down in article 41
Commission Regulation (EU) No 651/2014, up to a maximum of
45 per cent of the eligible costs, as
set out in that article.
The aid for a project shall not exceed a total of 25
million. Regulation (2014:1531).
Application and payment
section 6 of the State's energy authority decides in cases of aid in accordance with the
This regulation. An application for assistance shall be in writing and
be made on the form established by the authority.
The Swedish Energy Agency shall collect comments
from the environmental protection agency, the State's agricultural work and other
the relevant authorities in dealing with aid under this
section 7 of the application for aid shall be submitted to the authority
before work on the project begins.
section 8, an application for assistance shall contain
1. a description of the project and its resource and
energy efficiency, climate and environmental effects including
indication of the leakage of methane,
2. indication of the project's location and its starting and
3. a technical description,
4. a list of project costs,
5. information on whether the applicant has sought or received other
public aid or support from the European Union for the same
eligible costs, and
6. an indication whether the application refers to a company, and in
in such cases, information on company name, number of employees,
annual turnover and balance sheet total and if the
amount of funding needed for the project.
§ 9 of State energy authority decides to grant aid, the
It also decide when the project will be completed at the latest and
the works to be carried out for the project to
A decision on the aid may be combined with the conditions necessary for
to meet the objective of the aid.
section 10 of the beneficiary must request the payment of the aid on
form decided by the Swedish Energy Agency. Request for
payment of the aid shall be submitted to the State
Energy Authority within six months of the
the project, according to the Authority's decision, last to be
To request for payment, the beneficiary shall attach
detailed documentary evidence to substantiate the
eligible cost. Regulation (2010:1829).
10 a of An aid under this Regulation may not be paid
to an undertaking which is subject to payment requirements because
by a decision of the European Commission which declares a
the aid illegal and incompatible with the internal market.
section 11 Of the State's energy authority decides to subsidies must be paid
out, should the decision be reconciled with the condition that the beneficiary
shall submit the information required for monitoring and
evaluation of aid.
section 12 of the Swedish Energy Agency may decide that a granted
no aid shall be paid out of
1. the applicant for aid by misrepresentation or
otherwise have caused that it supplied incorrectly, or with
for high amounts,
2. the aid for any other reason have been given incorrectly, or
with the high amount and the recipient should have realised it, or
3. the conditions for the aid have not been respected.
Refunds and chargebacks
section 13 Recipient of assistance under this regulation are
repayment required if any of the grounds referred to in paragraph 12 of
If a beneficiary is required to repay pursuant to the first
subparagraph, the Swedish Energy Agency decide to fully or
partial claim back the aid. If there are special reasons,
the Swedish Energy Agency may waive the requirement for a refund
in whole or in part.
paragraph 14 of the State's energy authority may provide for the
additional information to be provided in the application for aid and in
connection with the request for payment and the other
provisions necessary for the implementation of this
Follow-up and evaluation
section 15 of the State's energy authority shall monitor and evaluate the
The Swedish Energy Agency shall keep the records referred to in
Article 12 of Commission Regulation (EC) No 651/2014.
section 16 of the 22 a of the Administrative Procedure Act (1986:223) contains provisions
If the appeal to the administrative court. Other decisions
than a decision under section 10 and section 12 shall not, however, be appealed.
Search Translated Laws of Sweden