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Ordinance On The Protection Of Consumers In Accordance With The Law On Natural Gas Supply

Original Language Title: Bekendtgørelse om forbrugerbeskyttelse i medfør af lov om naturgasforsyning

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Table of Contents

Confescation of consumer protection pursuant to the laws on natural gas supply 1)

In accordance with section 7 a in the natural gas supply, cf. Law Order no. 1116 of 8. In November 2006, as amended by law no. 386 of 20. May 2009, according to Article 54, shall be determined :

Scope of application

§ 1. This notice is applicable to a consumer agreement on the sale of natural gas which a natural gas supplier forms part of its occupation when the other party (the consumer) is essentially outside his occupation ; the announcement shall also be made ; the application of the contractual relationship between a consumer and a distribution company.

Paragraph 2. This notice shall not apply to the extent that other legislation had to give the consumer a better legal position.

Natural gas suppliers

§ 2. Consumers and natural gas suppliers must enter into a customer relationship contract on the sale of natural gas. The contract shall indicate at least the following :

1) Company name, address, website, email address, telephone, and cvr number.

2) What services are provided, the quality of natural gas and the address of the natural gas.

3) The time of the shipment start from that company.

4) Types of maintenance service that may be provided.

5) How to obtain information about applicable tariffs, fees and other prices can be obtained.

6) The duration of the contract and, in the case of limited contracts, any conditions for renewal of the contract shall be subject to the contract.

7) Conditions for the conclusion of the contract, a possible right to notice and whether it is possible to terminate the contract without costs. Provided that a termination entails costs, cf. however, section 15, the amount shall be provided.

8) Which warning the consumer should give the company if the consumer intends to move away from the address where the benefits are provided and the consumer wants to terminate the contract.

9) Whether or not you can continue the contract relationship on a changed delivery address.

10) Deak for the company's broadcast of final settlement at the end of the contract stop.

11) Information on the subject of compensation and other inadequable prerogatives may be applied if the contract is not complied with, including by inaccurate and delayed billing.

12) Information on redress and about the procedure for complainling, including information on the physical address and e-mail address where the consumer may address any complaints.

Paragraph 2. The terms of the contract must be reasonable. The conditions shall be informed of the conditions prior to the conclusion of the contract. This also applies if the contract is concluded via intermediaries or by distance selling.

§ 3. There is no requirement for the conclusion of contracts between a natural gas supplier and a consumer who is receiving natural gas on the basis of the natural gas suppliers ' universal service, cf. Section 26 of the law of natural gas supply.

k. 2 However, the consumer shall have the right to a contract with the general interest of the universal service in accordance with Article 2 (2). 1.

Paragraph 3. Notwithstanding the conclusion of the contract pursuant to paragraph 1. 2, the universal service shall comply with the requirements of sections 2, 4, 5, 7 and 13-16 of the public service provider, including the submission of the provisions referred to in section 2 (2). 1, mentioned information.

§ 4. In the case of the switch of natural gas supplier, the new natural gas supplier notifiers the desired shift date to the distribution company. The natural gas supplier shall, at the request of the distribution party, submit documentation on the conclusion of the agreement

§ 5. If the natural gas supplier intends to make significant changes to the contract conditions to be unfavourable to the consumer, the consumer must have prior notice of not less than 3 months in the use of e-mail, invoice, addressed customer debit or similar individual communications.

Paragraph 2. For significant changes, changes in existing prices or charges, which increase the price element concerned by 10%. or more, changes in delivery terms and contractual terms, new charges and terms and changes of unit prices in agreements on fixed prices and changes to the price calculation basis in agreements for variable price.

Paragraph 3. The consumer has the right to withdraw the contract with effect from the effect of the change, if the consumer does not agree to the new conditions. The natural gas supplier must in the course of the notification provided for in paragraph 1. 1 shall inform the consumer of his right to withdraw the contract.

§ 6. In the price reductions and other amendments to favour of the consumer, there is no call for notice. In addition, changes in taxes, duties and other similar changes can be implemented without notice.

§ 7. The natural gas supplier must provide at least once a year in a transparent and comprehensible manner giving the consumer an individual notice of the developments in prices and fees affecting the consumer.

Distribution companies

§ 8. There is no requirement for the conclusion of the contract between a distribution company and a consumer using the distribution network, cf. Article 18 (1) of the natural gas supply law. 1.

Paragraph 2. However, the consumer shall have the right to a contract with the distribution company in accordance with Article 2 (2). 1, no. 1-5, 7-8 and 10-12.

Paragraph 3. Notwithstanding the conclusion of the contract pursuant to paragraph 1. 2, the distribution company shall comply with the requirements of sections 2 and 9 to 16 of the notice, including the submission of the provisions referred to in section 2 (2). 1, no. 1 5, 7-8 and 10-12, mentioned information.

§ 9. The distribution company shall, for each consumer, send a copy of a checklist of natural gas consumers when such an established by the European Commission is carried out by the European Commission. 3. 12, 1. Directive, in the European Parliament and Council Directive laying down common rules for the internal market in natural gas.

Paragraph 2. the checklist of the European Commission under paragraph 1. 1, will appear in the Energy Management Home page, www.ens.dk, and must also appear on the distribution company's website.

§ 10. If the distribution company intends to make significant changes to tariffs, conditions or charges to be unfavorable to the consumer, the consumer must have prior notice of at least 3 months in the use of e-mail, invoice, addressed ; artificial or similar individual communications.

Paragraph 2. For significant changes, changes to existing tariffs or fees, which increase the price element concerned by 10%, are defined as a change. or more, changes in delivery terms and contractual terms, new charges and conditions, as well as changes to unit prices in fixed tariff agreements and changes to the price calculation basis in variable-rate agreements.

§ 11. For tariff reductions and other amendments to favour of the consumer, there is no call for notice. In addition, changes in taxes, duties and other similar changes can be implemented without notice.

§ 12. The distribution company shall provide at least once a year in a transparent and comprehensible manner giving the consumer an individual notice of the developments in prices and fees affecting the consumer.

Payment method, vendor change, complaint and supervision

§ 13. The natural gas supplier and the distribution company must offer the consumer a wide range of payment methods which must not involve unfair discrimination against customers. Any difference in terms and conditions as a result of the payment method chosen must reflect the cost of the natural gas supplier and the distribution of the distribution company by different payment systems.

Paragraph 2. The advance payment must be reasonable and reflect the expected natural gas consumption.

Paragraph 3. The general conditions and conditions of payment shall be fair and transparent. They must be stated in a clear and comprehensible language and must not include non-contractual obstacles to the exercise of consumer rights, such as the requirement for excessive documentation.

§ 14. The distribution company shall make a user's shift of natural gas supplier within three weeks of the distribution company receipt of request for supplier change, unless the consumer wants a later date, cf. § 4.

Paragraph 2. The consumer has the right to receive a final settlement from the natural gas supplier within six weeks of the date of switching of natural gas suppliers.

§ 15. In the case of a shift of natural gas suppliers, the consumer shall not be charged for the fee, cf Section 7 of the law of natural gas.

§ 16. A consumer shall have the right to appeal proceedings of good standard in the natural gas supplier or the distribution company. The treatment of a complaint must be made as soon as possible.

Paragraph 2. A company ' s decision of a civil legal complaint pursuant to paragraph 1. One may be impanted to the Board of Energy in the Energy area.

§ 17. The consumer may make the Energy-sighted aware of the natural gas supplier or the distribution company ' s failure to comply with the notice.

Paragraph 2. The energy supervision does not address complaints concerning civil disputes, cf. Section 78 (1). ONE, TWO. Act. law on power supply.

Entry into force

§ 18. The announcement shall enter into force on 3. March, 2011.

Paragraph 2. At the same time, notice No 379 of 25. May 2005 on consumer protection pursuant to the law on natural gas supply.

The DEA, the 23rd. February, 2011

Ib Larsen

/ Thomas Bastholm Bille

Official notes

1) The announcement contains provisions that implement parts of the European Parliament and Council Directive 2009 /73/EC of 13. July 2009 on common rules for the internal market in natural gas and the repeal of Directive 2003 /55/EC, EU Official Journal 2009, nr. I'm 211, page 94.