Ordinance on consumer protection pursuant to the law on naturgasforsyning1)
Under section 7 (a) of the law on natural gas supply, see. lovbekendtgørelse nr. 1116 of 8. November 2006, as amended by Act No. 386 of 20. May 2009, be determined in accordance with the authorization given pursuant to section 54: scope
§ 1. This Ordinance shall apply to a consumer contract for the sale of natural gas, a natural gas supplier is part of his profession, when the other party (the consumer) mainly acting outside his profession. The notice shall also apply to the contractual relations applicable between a consumer and a distribution company.
(2). This Ordinance shall not apply to the extent that other legislation may provide the consumer with a more favourable legal position.
Natural gas suppliers
§ 2. Consumers and natural gas suppliers to be in connection with the establishment of a customer relationship, enter into contract for the sale of natural gas. The contract must, as a minimum, indicate the following: 1) the company's name, address, website, email address, telephone number and registration number.
2) what services are provided, natural gas quality level and at what address.
3) time of delivery starting from the company concerned.
4) the types of maintenance service, if any, is provided.
5) How information on applied tariffs, fees and other awards can be obtained.
6) the duration of the contract and in the case of fixed-term contracts, if any, conditions for the renewal of the contract.
7) conditions for termination of the contract, any right to termination and whether it is possible to cancel the contract at no cost. If the termination costs, see. However, section 15, the amount must be reported.
8) Which the consumer must give notice to the company, if the consumer intends to move from the address where the services are supplied, and the consumer wants to terminate the contract.
9) whether the customer will be able to continue the contractual relationship on a change of delivery address.
10) deadline for the company's broadcast of the final settlement by the termination of the agreement.
11) information concerning to whom compensation and other unauthorized repair may be invoked, if the contract is not adhered to, including inaccurate and delayed billing.
12) information on access to justice and on the procedure for complaint, including information about physical address and email address, in which the consumer may address any complaints.
(2). The terms of the contract must be reasonable. To be given information on the conditions prior to the conclusion of the contract. This also applies if the contract is concluded through intermediaries or at a distance.
§ 3. There are no requirements on the conclusion of the contract between a natural gas supplier and a consumer that receives natural gas on the basis of natural gas suppliers ' services of general interest, in accordance with article 3. section 26 of the law on natural gas supply.
(2). However, upon request, the consumer has a right to a contract with the universal company, in accordance with article 2, paragraph 1.
(3). Whether the conclusion of the contract in accordance with paragraph 2, the universal service company must comply with the requirements of the Executive order on sections 2, 4, 5, 7 and 13-16, including forward in section 2, paragraph 1, the information referred to.
§ 4. By agreement on change of natural gas supplier reviewed the new natural gas supplier the desired change date to the distribution company. Natural gas supplier shall, at the request of the distribution company provide proof of conclusion of the contract.
§ 5. If natural gas supplier intend to make substantial modifications in the contractual conditions unfavorable to the consumer, the consumer concerned must have a prior notice of at least 3 months using e-mail, invoice, addressed customer magazine or similar individual communications.
(2). By significant changes understood changes in existing prices or fees, which enhances the affected price element by ten percent or more, changes in terms of delivery and contract conditions, new fees and conditions as well as changes in unit prices in contracts for fixed price and changes of price base in agreements on variable pricing.
(3). The consumer has the right to withdraw from the contract with effect from the entry into force of the amendment, if the consumer does not accept the new conditions. Natural gas supplier in connection with the notification referred to in paragraph 1, inform the consumer of his right to withdraw from the contract.
§ 6. By price reductions and other changes to the favor of the consumer, there is no requirement of notice. In addition, changes in taxes, fees and the like carried out without notice.
§ 7. Natural gas supplier shall, at least once annually in a transparent and understandable way provide the consumer with individual communication on the evolution of prices and charges, which affect the consumer.
§ 8. There are no requirements on the conclusion of the contract between a distribution company and a consumer using the distribution network, see. the natural gas supply Act section 18, paragraph 1.
(2). However, upon request, the consumer has a right to a contract with the distribution company in accordance with § 2 (1) (8). 1-5, 7-8 and 10-12.
(3). Whether the conclusion of the contract in accordance with paragraph 2, the distribution company must comply with the requirements of the Executive order on sections 2 and 9-16, including forward in section 2 (1) (8). 1-5, 7-8 and 10-12, the information referred to.
§ 9. The distribution company shall for each consumer, forward a copy of a check list with natural gas consumers ' rights when they are drawn up by the European Commission in accordance with art. 3, paragraph 12, 1. point, in European Parliament and Council directive concerning common rules for the internal market in natural gas.
(2). The European Commission's checklist in accordance with paragraph 1, will appear from the Danish Energy Authority's website, www.ens.dk, and should also be reflected in the distribution company's website.
§ 10. If the distribution company intends to carry out significant changes in tariffs, terms or fees detrimental to the consumer, the consumer concerned must have a prior notice of at least 3 months using e-mail, invoice, addressed customer magazine or similar individual communications.
(2). By significant changes understood changes in existing tariffs or fees, which enhances the affected price element by ten percent or more, changes in terms of delivery and contract conditions, new fees and conditions as well as changes in unit prices in contracts tariff and changes of price base in agreements on variable tariff.
§ 11. By tariff reductions and other changes to the favor of the consumer, there is no requirement of notice. In addition, changes in taxes, fees and the like carried out without notice.
§ 12. The distribution company must, at least once annually in a transparent and understandable way provide the consumer with individual communication on the evolution of prices and charges, which affect the consumer.
Payment method, switching, complaint and oversight
§ 13. Natural gas supplier and distribution company must offer the consumer a wide choice of payment methods, which may not involve unfair discrimination between customers. Any difference in terms and conditions as a result of the chosen method of payment should reflect the natural gas supplier and distribution the company's costs of different payment systems.
(2). Prepayment must be reasonable and reflect the expected natural gas consumption.
(3). The general terms and conditions for payment shall be proportionate and transparent. They shall be stated in a clear and understandable language, and cannot contain any non-contractual barriers to the exercise of consumer rights, such as demands for excessive documentation.
§ 14. The distribution company must execute a consumer shift from natural gas supplier within 3 weeks from the distribution company's receipt of the request for switching, unless the consumer wants a later date without prejudice. § 4.
(2). The consumer has the right to receive a final settlement from natural gas supplier no later than 6 weeks after the change of natural gas supplier has taken place.
§ 15. When switching from natural gas suppliers must not be charged to the consumer fee, see. section 7 of the law on natural gas supply.
§ 16. A consumer has the right to klagesags treatment of good standard with natural gas supplier or distribution company. The examination of an appeal shall be made as soon as possible.
(2). A company's decision of a civil complaint in accordance with paragraph 1, can be appealed to the Appeals Board in the field of energy.
§ 17. The consumer can make the Danish energy regulatory authority aware of natural gas supplier or the distribution company's failure to comply with the notice.
(2). The Danish energy regulatory authority does not deal with complaints relating to civil disputes, see. section 78 (1), (2). Pkt. law on the electricity supply.
Date of entry into force of
§ 18. The notice shall enter into force on the 3. March 2011.
(2). At the same time repealed Executive Order No. 379 of 25. May 2005 concerning consumer protection pursuant to the law on natural gas supply.
The Danish Energy Authority, the 23. February 2011 Ib L/Thomas B Bille Official notes 1) Ordinance contains provisions implementing parts of the European Parliament and of the Council directive 2009/73/EC of 13. July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, Official Journal of the European Union 2009, nr. L 211, page 94.