
Article 1 
As the proposed Danish scheme (Act No 464 of 9 June 2004) does not fall under Regulation (EC) No 1998/2006, it constitutes State aid which is only compatible with the common market under the condition that the concerned beneficiaries pay a tax on their respective energy consumption corresponding to at least the Community minimum taxation levels set out in Annex I of Directive 2003/96/EC.
If Denmark wishes to implement the aid measure, it shall be amended accordingly.
Article 2 
Denmark shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.
Article 3 
This Decision is addressed to the Kingdom of Denmark.
Done at Brussels, 17 June 2009.
For the Commission
Neelie KROES
Member of the Commission