Regulation (2009:689) Concerning State Aid To The Solar Cells

Original Language Title: Förordning (2009:689) om statligt stöd till solceller

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2009:689

General provisions



(1) in order to contribute to the transformation of the energy system and

to industrial development in the energy sector aims

This support for



(a)) that the use of PV systems and the number of operators

managing such systems should increase in Sweden,



(b)) that the system costs must be reduced, and



(c)) that the annual production of electricity from solar cells to increase with

at least 2.5 gigawatt hours during the grant period.



2 § If there are funds, State aid within the meaning of this regulation is left to private individuals, municipalities and businesses as a one-time grant for the installation of all types of grid-connected photovoltaic systems. However, this does not apply to measures that have received other public support, including the support provided by the European Union, or tax credit for labour costs.



Business support may only be provided in accordance with the conditions laid down in chapter i and article 41 of Commission Regulation (EC) No 651/2014 of 17 June 2014, declaring certain categories of aid compatible with the common market under articles 107 and 108 of the Treaty.



Aid may cover only those actions commenced on or after 1 July 2009 and completed by 31 december 2016.

Regulation (2014:1582).



paragraph 3 of the terms and expressions used in this regulation have the same meaning as in Commission Regulation (EC) No 651/2014.



With PV systems referred to in this regulation a system for the production of electricity from solar radiation in which solar cells are contained and bounded by connecting to fastighetsinternt or external electrical power.

Regulation (2014:1582).



Conditions for support section 4 support may only be provided for a photovoltaic system per building or for a photovoltaic system per property if the system is built on the ground.



For system for simultaneous production of solar electricity and solar thermal in integrated design (solels and solar thermal hybrid system), the aid must be provided solely on electricity production amounts to at least 20 per cent of the estimated total annual production of electricity and heat. Regulation (2014:1582).



section 5 of the eligible costs under section 6, and with the limitations imposed by the second and third subparagraphs, assistance will be provided at a maximum rate of 30 per cent for businesses and by up to 20 percent to the other.



Support may be provided with not more than 1.2 million per solar system or solels and solar thermal hybrid system.



Eligible costs shall be limited to a maximum of SEK 37 000 plus VAT per installed kilowatt peak power. Eligible costs for solels and solar thermal hybrid system shall be limited to a maximum of 90 000 plus VAT per installed kilowatt peak power.



If the solar system has been financed with insurance compensation, the aid shall be reduced by an amount equal to the consideration.

Regulation (2014:1582).



6 § the eligible costs will be



1. design costs,



2. cost of materials, such as solar modules, including

any lenses, mirrors and cooling systems, tripods or other

fastening device, wiring, electric meters, systems for monitoring,

breaker, circuit breaker and the inverters as well as

systems for storing energy, not, however, heat storage, and



3. labour costs, provided that the

the measure is approved for F-tax or, in the case of a foreign

company, a certificate or other document showing that

the company is undergoing similar control in terms of taxes and

charges in his home country.



Connection fee to an external grid is not a

eligible cost. Regulation (2011:1473).



Commencement and completion



section 7 a measure considered stub



a) on the day on which the contract for the design was established in the case

engineering costs are included in eligible costs,



b) the day on which photovoltaic panels was obtained for

installation in other cases.



A measure is considered complete when the solar system is connected to the

the electricity grid.



Application and payment



§ 8 the County Board decides in cases where assistance under this

Regulation. On application by the person who invests in

PV systems examined questions about the support of the County Administrative Board in the

County in which the system is to be installed. If the system is being built on

or in connection with a Swedish mission abroad,

examine application of the Stockholm County Administrative Board.



§ 9 an application for assistance shall be made in writing and contain 1. an estimate of the annual electricity production from photovoltaic system and, where appropriate, an indication of heat production, 2. information on the project's location, its starting and ending dates,

3. a description of the project, 4. a list of project costs, and



5. information on whether the applicant has sought or received other public support or support from the European Union for the same eligible costs.



Where the application relates to an undertaking, it shall also include details of the company name, number of employees, annual turnover and balance sheet total and about the amount of funding needed for the project. Regulation (2014:1582).



section 10 of the application for aid shall be submitted to the County Board



1. before the project is started if the applicant is a company,

or



2. within six months from the time the project began

If the applicant is not a company.



section 11 If the County Board decides to grant aid shall also

determine if the project will be completed at the latest.



A decision on the aid may be combined with the conditions necessary for

to meet the objective of the aid.



section 12 of the request for payment of the aid shall be submitted to the County Board within six months of the project, according to the County Board's decision, the last to be completed.



To request for payment, the beneficiary shall attach detailed documentary evidence to substantiate the eligible cost.



Building and planning takes care of the payment of the aid.

Regulation (2014:1582).



12 a of An aid under this Regulation may not be paid to an undertaking which is subject to payment requirements due to a decision by the Commission declaring an aid illegal and incompatible with the internal market.

Regulation (2014:1582).



section 13 If the County Board decides to subsidies to be paid,

decision be reconciled with the condition that the beneficiary shall submit

the data required for monitoring and evaluation of

the aid. The data shall be submitted, at the request of the State

energy authority responsible for monitoring and evaluation

of the aid.



13 a of the Swedish Energy Agency shall keep the records referred to in article 12 of Commission Regulation (EC) No 651/2014. Regulation (2014:1582).



section 14 of the County Board may decide that the aid shall not be

be paid if



1. the applicant for aid by misrepresentation or

otherwise caused to aid supplied incorrectly, or with for

high amounts,



2. the aid for any other reason provided incorrectly or too high

the amount and the recipient reasonably should have known this,



3. it turns out that there is potential for

the applicant for aid and assistance should have known this,

or



4. the terms and conditions of the aid have not been respected.



Refunds and chargebacks



15 § the recipient of aid paid under this

Regulation is the repayment required if any of the grounds

as indicated in paragraph 14 of the present.



If a beneficiary is required to repay pursuant to the first

subparagraph, the County Administrative Board may decide to fully or partially

claim back the aid. If there are special reasons,

the County Board may waive the requirement for a refund in whole or

partially.



Authorization



section 16 of the State's energy authority may provide for

the information to be provided in the application for aid and in

connection with the request for payment, the manner in which

details shall be provided as well as the other rules needed

for the purposes of this regulation.



Supervision



section 17 of the State's energy authority shall supervise

compliance with this regulation and of the provisions

notified under regulation.



Appeal



section 18 of the County Board's decision may be appealed to the State's

the energy authority.



In 22 a of the Administrative Procedure Act (1986:223) contains provisions on

an appeal to the administrative court. Decisions other than

decisions by the Swedish Energy Agency in appeal case

payment of the aid may not be appealed.

Regulation (2012:971).



Transitional provisions



2012:971



1. This Regulation shall enter into force on 1 February 2013.



2. For operations completed before 1 January 2013

terms of paragraph 5 of its older version.



2014:1582



1. this Regulation shall enter into force on January 1, 2015.



2. For applications other than company submitted before the entry into force applies to paragraph 5 of the older wording.