Legal framework

The legal framework for EUDP is the Energy Technology Development and Demonstration Programme and Green Labs DK Programme Act. The Act contains provisions on the objects of the EUDP, its organisation, funding opportunities, etc. It was adopted on 1 June 2007 and amended on 22 December 2010. Both of the Bills submitted were adopted without changes.

Content of the 2010 amendment

The amendment of 22 December 2010 entered into force on 26 April 2011. Following the amendment, among other things, the EUDP is to help facilitate realisation of the goal to make Denmark independent of fossil fuels by 2050.

Furthermore, the EUDP may provide funding to foreign project participants if this is technically relevant, and if this contributes to meeting the objects of the Act. Therefore, it is still only possible to provide funding for projects that benefit the development of new technology in Denmark.

Following the amendment, the Act also provides the legal basis for the Green Labs DK scheme to provide funding for the establishment of test facilities to develop and demonstrate new technologies in the energy area.

Further executive orders on the EUDP

Furthermore, there are several executive orders that relate to the EUDP, among others the Executive Order on an Energy Technology Development and Demonstration Programme, which includes further provisions on funding etc.

The other executive orders deal with when and how the EUDP Act is to enter into force, as well as the rules of procedure for the board of the EUDP. Sections 3-6 of the Act on the board of the EUDP, entered into force on 22 June 2007, and the remaining provisions on funding entered into force on 11 January 2008.

Several legislative instruments from the European Commission are also included in the legal basis for the EUDP. Most importantly, these include the European Commission's Framework for State aid for research and development and innovation of July 2014, which sets out maximum limits for aid, among other things. There is also the European Commission’s approval of the EUDP of 20 January 2014. Since 2015, funding from the EUDP has been provided in accordance with the European Commission's General Block Exemption Regulation (no. 651/2014).

Finally, the Access to Public Administration Files Act, the Public Administration Act, and the Act on the Ombudsman of the Danish Parliament also apply for the EUDP.