loi portant approbation de l'« Agreement between the Grand Duchy of Luxembourg and the Kingdom of Denmark on the statistical transfers of energy from renewable sources under directive 2018/2001/EC »,
the terms of this Agreement, the Buying Member State is not obliged to make the payments as set out in this Agreement.
(7)This Agreement does not affect the Buying Member State's right to obtain statistical transfers of further volumes of energy from renewable sources, other than the volumes envisaged in paragraphs
(1)and
(2), from third parties. Article 6 - Notification to the European Commission
(1)The Selling Member State shall notify the
Article 8
of Directive 2018/2001/EC, in writing, specifying the exact amount of energy from renewable sources statistically transferred from the Selling Member State to the Buying Member State, as defined in Article 2 (b) of this agreement, as well as the corresponding price to be paid by the Buying Authority.
(2)The Buying Member State shall notify the
Article 8
of Directive 2018/2001/EC, in writing, specifying the exact amount of energy from renewable sources statistically transferred from the Selling Member State to the Member State of which the Buying Authority is part as well as the corresponding price to be paid by the Buying Authority.
(3)The moment of informing the European Commission in accordance with paragraphs
(1)and
(2)of a Statistical Transfer for the year n shall be no later than 31 January of the year n+2.
(4)A copy of the notification shall be sent to the contact point of the other Party. Article 7 - Price The price per Renewable energy amount statistically transferred pursuant to this Agreement shall be € 13.80 (thirteen euros and eighty cents) per MWh. The same price shall apply for the minimum and additional amounts envisaged in paragraphs
(1)and
(2)respectively of article 5. Article 8 - Payment(s)
(1)Buying Member State shall pay the due amount as set out in article 7 onto the following account: Account owner: Danish Energy Agency Address of the account owner: Carsten Niebuhrs Gade 43, Copenhagen, Denmark Reg.no:0216 Account number: 4069071767 !BAN: DK 3102164069071767 BIC/SWIFT: DABADKKK
(2)The payment of the due amount will take place in EURO no later than two months after the notification by the Selling Member State to the European Commission in accordance with Article 6
(1)and
(3)of this Agreement. Article 9 - Responsibilities in case of non-compliance
(1)Parties assume the responsibility for any failure or refusal to perform their obligations under this Agreement other than for reasons of Force Majeure according to Article 11 of this Agreement.
(2)In case of non-compliance with any obligation under this Agreement a Party is obliged to compensate the injured Party fully for any damage incurred due to the non-compliance.
(3)The payment of such damages shall not limit the right to seek further compensation under this Agreement or otherwise. Article 10 - Force Majeure
(1)Responsibility for non-performance or delay in performance on the part of any Party to this Agreement with respect to any obligations or any part thereof under this Agreement, other than an obligation to pay money, shall be suspended to the extent that such non-performance or delay in performance is caused or occasioned by Force Majeure, as defined in this Agreement.
(2)Force Majeure shall be limited to:
- a)Natural disasters (earthquakes, landslides, cyclones, floods, fires, lightning, tidal waves, volcanic eruptions and other similar natural events or occurrences);
- b)War between sovereign States where the relevant State has not initiated the war under the principles of international law, acts of terrorism, sabotage, rebellion or insurrection;
- c)International embargoes against States other than the relevant State, provided, in every case, that the specified event or cause of the above mentioned types and any resulting effects preventing the performance by the relevant State of its obligations, or any part thereof, are beyond the relevant State's control.
(3)If a Party to this Agreement is prevented from carrying out its obligations or any part thereof under this Agreement (other than an obligation to pay money) as a result of Force Majeure, it shall notify in writing the other affected Party to which performance is owed at the earliest convenience. The notice must:
- a)Specify the obligations or part thereof that cannot be performed;
- b)Fully describe the event of Force Majeure;
- c)Estimate the time during which the Force Majeure will continue; and
- d)Specify the measures proposed to be adopted to remedy or abate the Force Majeure. Following this notice, and for so long as the Force Majeure continues, (
- i)any obligations or parts thereof which cannot be performed because of the Force Majeure, other than the obligation to pay money, shall be suspended and (
- ii)any obligation to pay money in consideration of an obligation whose performance is suspended by Force Majeure, shall likewise be suspended. Article 11 - Dispute Settlement
(1)The Parties shall take all possible steps in good faith in order to ensure that all disputes and disagreements arising in connection with the implementation of this Agreement, or related to this Agreement are settled by mutual negotiations between the Parties.
(2)The Party raising any dispute shall first serve a written notification of the dispute to the other Party (a "Dispute Notice"). If within 2 weeks of the service of a Dispute Notice (or such longer time as the Parties may agree in writing), the dispute is not settled, then either Party shall be entitled to refer the dispute for final and binding resolution to arbitration in accordance with paragraph
(3)of this article 11.
(3)Any dispute, controversy or claim arising out of or relating exclusively to this Agreement, or the breach, termination or invalidity thereof, shall be settled by the European Court of Justice. Article 12 - Confidentiality
(1)The Parties to this Agreement and their advisors are committed to confidentiality against third parties for all information and objects that are not to be notified to the
Article 6
of this Agreement or have not been otherwise published and are conveyed in confidence by the other Party. The receiving Party shall not use any such information or objects for any purpose other than in accordance with the terms of this Agreement. The disclosure of confidential information or objects requires the express written consent by the conveying Party.
(2)The confidentiality clause excludes objects or types of information that
- a)have been developed or are being developed by the receiving Party independently of the information;
- b)are part of the generally accessible state of technology or that reach this status without the fault of the receiving Party;
- c)is publicly known on the date this Agreement is concluded or at any time after that date becomes publicly known (otherwise than by breach of this Agreement by a Party or its authorized representatives);
- d)must be disclosed by a Party under applicable law (such as freedom of information laws or laws regarding the adoption and publication of a decision to enter into this Agreement), including by governmental order, decree, regulation or rule issued by any governmental authority or agency, tax authority, court of competent jurisdiction or arbitral tribunal or any other statutory or regulatory body;
- e)is disclosed by both Parties or one Party to a third party in accordance with the written consent of the other Party; or
- f)were already in the possession of the receiving Party at the time of entry into force. The disclosure of information to the employees, officials, lawyers, auditors, advisors and/or authorized representatives of the Parties shall not be considered a breach of this Article 13, provided the relevant persons are bound by and observe confidentiality obligations at least equivalent to those stipulated herein. The Parties shall agree the text of a press release to be published upon signing of this Agreement. Information contained in that press release shall not be considered confidential and shall not be subject to this Article 13. Article 13 - Additions
(1)All additions and modifications to this Agreement, which will be numbered consecutively, shall be duly signed by both Parties. No addition or modification of this Agreement shall be effective or binding on either of the Parties hereto unless agreed in writing and duly signed by the Parties.
(2)If the mechanisms ensuing from Article 6 of Directive 2018/2001/EC are amended in the future, the Parties commit in good faith to adapt the content of this Agreement to the amended framework conditions as specified by European Union law. Article 14 - Entry into Force This Agreement shall enter into force on the first day of the month following the month in which the Parties shall have completed an exchange of diplomatic notes informing each other that their respective constitutional requirements necessary for the entry into force of this Agreement have been fulfilled. Article 15 - Termination and Interpretation
(1)This Agreement shall remain in force until 1 July 2027 or until both Parties duly performed their contractual obligations under the present Agreement.
(2)By way of exception, this Agreement can be terminated prematurely by mutual written arrangement of the Parties.
(3)This Agreement is concluded in the English language. In witness, whereof, the Parties, being duly authorized by their respective Governments, have signed this Agreement in Luxembourg on the 3rd of October 2022. For the Grand Duchy of Luxembourg, For the Kingdom of Denmark, Claude Turmes Minister for Energy I Dan J0rgensen Minister for Climate, Energy and Utilities