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

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Read the untranslated law here:

General provision

§ 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.

Regulation (2014:1531).

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

end date,

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.

Regulation (2014:1531).

§ 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

deemed complete.

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.

Regulation (2014:1531).

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 aid.

The Swedish Energy Agency shall keep the records referred to in

Article 12 of Commission Regulation (EC) No 651/2014.

Regulation (2014:1531).


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.

Regulation (2014:1531).