Notice of origin for electricity from high efficiency cogeneration 1)
Unofficial translation of the “Bekendtgørelse om oprindelsesgaranti for elektricitet fra højeffektiv
kraftvarmeproduktion”
(Notice: This is a translation of the Danish version of the notice. The Danish version will
always be the one in force and this translation is not legally binding.)
Pursuant to § 63 a, paragraph 1, 4, 5 and 7, § 68 a, § 84, paragraph 2, § § 88, 90 and 92
of the Electricity Supply Act, Consolidation Act No. 1115 of 8 november 2006, the
following is defined:
Chapter 1
Scope and Definitions
§ 1. In accordance with the provisions of this Order guarantees of origin for electricity
produced from high efficiency cogeneration condition will be issued under the following
conditions:
1) that the electricity is produced by a cogeneration technology listed in
Annex 1 and
2) that the electricity, which is calculated as listed in Annex 2, is produced
through high efficiency cogeneration, as mentioned in Annex 3
Paragraph 2. In these Regulations, the following is defined:
1) Cogeneration: The simultaneous production of thermal energy and
electrical energy in one process.
2) High efficiency cogeneration: Cogeneration from a cogeneration unit,
which provides primary energy savings, see Annex 3, of at least 10 %
compared to reference values for separate production of electricity and
heat. If the cogeneration unit has an electrical output of less than 1 MW,
the cogeneration is however considered as high efficient, given the
production delivers primary energy savings.
3) Useful Heat: The heat produced in a cogeneration in order to cover a
heat demand.
Paragraph 3. A guarantee of origin is not evidence that the holder is entitled to receive
benefits under the Electricity Supply Act or rules laid down under the Electricity Supply
Act for the electricity covered by the warranty.
Paragraph 4. If the high efficiency cogeneration is produced in a cogeneration unit,
which also qualifies for the guarantees of origin after notice guarantees of origin for
renewable energy electricity, the guarantees of origin will be issued after the choice of
the electricity producer as a guarantee of origin after one of the two systems or a total
guarantee of origin in both systems.
Chapter 2
Request for issuing a guarantee of origin
§ 2. An electricity producer may require the TSO to issue guarantees of origin for
electricity supplied to the electricity grid, produced by cogeneration.
Paragraph 2. The guarantee of origin is issued for the complete calendar months. The
electricity producer may choose to have the guarantee of origin issued for the last
completed month or the last completed 3, 6 or 12 calendar months.
Paragraph 3. At the electricity producer requests, the TSO continuously issues
guarantees of origin for the same period as in the paragraph 2.
Paragraph 4. Request for issuing a guarantee of origin must be submitted within one
month after completion of the most recent month for which the guarantee is to be
issued, subject to § 15 paragraph 4.
Paragraph 5. The electricity producer may in writing grant third parties authorization to
request the issuance of guarantees of origin and receive these.
Paragraph 6. A request for guarantees of origin for CHP electricity produced no later
than 31 December 2010, can be given regardless of the primary energy savings referred
to in § 1. 2, No. 2, is not documented with the individual cogeneration.
§ 3. At the request referred to in § 2, paragraph 1, the electricity producer shall in
accordance with guidelines from the system operator as mentioned in § 10 paragraph 1,
provide the necessary information on
1) cogeneration technologies listed in Annex 1
2) calculation of electricity from cogeneration in accordance with Annex 2,
3) the efficiency of the cogeneration process referred to in Annex 3,
subject to § 6, and
4) production of useful heat in cogeneration unit, see paragraph 2
Paragraph 2. When calculating the useful heat in the cogeneration unit, the heat
produced by separate production processes must be calculated separately.
Documentation of heat production must be based on measurements and readings,
which must be certified by a chartered or certified accountant or by other equivalent
means.
Paragraph 3. The electricity producer shall at request deliver a declaration of the
information.
Paragraph 4. The request must be submitted on a standard form prepared by the
system operator.
Chapter 3
Issuance of guarantee of origin and evidence
§ 4. The system operator shall take the decision on the issue of guarantees of origin for
electricity from cogeneration.
Paragraph 2. The system operator shall ensure that the conditions for issuing CHP
guarantee is met on the basis of the request and information of the cogeneration unit
and the size of the power production that is reported to the system operator.
Paragraph 3. The guarantee of origin is issued for the period in which the producer has
requested as mentioned in § 2, paragraph 2 and 3
Paragraph 4. In accordance to § 6 guarantees of origin for CHP electricity is issued for
production no later than 31 December 2010, regardless of the primary energy savings
referred to in § 1, paragraph 2, No. 2, is not documented with the individual
cogeneration.
§ 5. When conditions are met the TSO issues the proof that the electricity is produced
by cogeneration. The proof is sent without delay to electricity producer.
Paragraph 2. Certificates is issued in printed or electronic form at the choice of the
electricity producer, subject to § 15 paragraph 5.
Paragraph 3. Certificates in electronic form is issued by produced MWh. Certificates in
printed form is issued for electricity production for a period as mentioned in § 2,
paragraph 2. A certificate in printed form is printed on paper with pre-printed
watermark or hologram.
Paragraph 4. A certificate must contain confirmation that the electricity is produced
from high efficiency cogeneration. The certificate shall contain a reference to the
European Parliament and Council Directive 2004/8/EC of 11 February 2004 on the
promotion of cogeneration based on a demand for cogeneration in the internal energy
market and amending Directive 92/42/EEC. The certificate shall also include information
on
1) primary energy savings calculated as listed in Annex 3, subject to § 6
paragraph 4,
2) the amount of electricity covered by the guarantee of origin,
3) production and period for electricity
4) lower calorific value of the fuel used,
5) use of the heat generated,
6) whether to the electricity was paid surcharges or other benefits under
the Electricity Supply Act or rules adopted pursuant to this Act, and
7) issuer and date of issue.
Paragraph 5. The system operator shall establish a standard form of certificate and
determines the watermark or hologram.
Chapter 4
Particularly on the issue of guarantees of origin for electricity produced no later than
31 December 2010
§ 6. The system operator may issue guarantees of origin for electricity from
cogeneration produced no later than 31 December 2010, regardless of the electricity
producer has documented primary energy savings for the individual cogeneration.
Paragraph 2. Issue after paragraph 1 is conditional to the Danish cogeneration on an
annual basis during the calendar year preceding that period is calculated as high
efficient.
Paragraph 3. If the condition in paragraph 2 is not met in a calendar year, the DEA shall
notify the system operator as soon as possible after the relationship has been
documented.
Paragraph 4. It must appear on the document issued under subsection 1, that the
primary energy savings is calculated in accordance with paragraph 2.
Paragraph 5. Notwithstanding the above provisions, the individual primary energy
saving given by the cogeneration electricity produced by 31 December 2010, must be
stated in the order.
Chapter 5
Guidelines for control and monitoring
§ 7. The system operator is registering the issued guarantees of origin.
Paragraph 2. The provisions of the Ordinance on the control and monitoring of
payments to certain electricity productions and power generation plants, etc. shall apply
for registration as referred to in paragraph 1.
§ 8. An electricity producer, who is requesting or has received a guarantee of origin,
shall upon request, inform the system operator of all the information it considers
necessary for issuing guarantees of origin and the supervision and control of these.
§ 9. Necessary costs of issuing guarantees of origin and the registration of these must be
paid by the electricity producer. The necessary cost is determined in accordance with
the criteria set out in § 73 of the Electricity Supply Act.
§ 10. The system operator will provide guidelines for the electricity producer for the
issuance of guarantees of origin and documentation that the necessary conditions are
met.
Paragraph 2. The system operator will submit its guidelines referred to in paragraph 1
and standard forms of evidence to the DEA for approval. DEA can change the guidelines
or forms.
Paragraph 3. The system operator sends its approved guidelines to the electricity
producers who request it, and publish guidelines in an electronic medium.
Paragraph 4. The system operator shall publish an annual report on the issue of
guarantees of origin.
§ 11. The DEA can order the person who prepared the data, to rectify the situation,
where it is shown that the information provided in guarantees of origin is inaccurate or
misleading.
Chapter 6
Foreign regulators
§ 12. A keeper of a guarantee of origin issued in other countries in the European Union
may contact the system operator on the accuracy of the guarantee. The system
operator will contact the public authority or another competent body in the country to
verify the information.
Paragraph 2. The system operator will answer requests from a public authority or other
competent authority of another country in the European Union, of the accuracy of
guarantees of origin issued by the system operator.
Chapter 7
Appeals, penalties
§ 13. The electricity producer may appeal against the decision of the system operator
under § § 4-6 to the DEA.
Paragraph 2. The decision of the DEA can be appealed to the Energy Board.
Paragraph 3. Appeals against the decisions referred to in paragraph 1 and 2 shall be
submitted in writing within 4 weeks after the decision was announced.
§ 14. Unless a greater penalty is prescribed by other laws, giving false information for
the purpose of issuing guarantees of origin, or who fails to provide such information will
be punishable by a fine.
Chapter 8
Entry into force, etc.
§ 15. This Order shall enter into force on 1 March 2007.
Paragraph 2. Issued Guaranties of origin for high efficiency cogeneration will be issued
for production from 1 January 2007 and later.
Paragraph 3. Electricity producer may request the issuance of guarantees of origin from
the first July 2007.
For annexes please visit the Danish version of this document.
Energy Agency, 16 February 2007