Publication of consumer protection under law on electricity supply 1)
Under Section 6 a, in the field of electricity supply, cf. Law Order no. 279 of 21. March 2012, determined by authorization pursuant to section 92 :
Scope of application
§ 1. This notice shall apply to consumer contracts for the sale of electricity, which a trading undertaking is included in the course of his trade, when the other party is concerned primarily without his profession ; the announcement is also to be found ; use of the interuse contract that applies between a consumer and an online company.
Paragraph 2. This notice shall not apply to the extent that other legislation had to give the consumer a better legal position.
§ 2. Consumers and trading companies must, in the context of the establishment of a customer relationship, conclude contracts for the sale of electricity. The contract shall indicate at least the following :
1) Company name, address, website, email address, telephone, and cvr number.
2) Which benefits are provided, the quality level of the electricity and the address of the electricity.
3) The time of the shipment start from that company.
4) Types of maintenance service that may be provided.
5) The price of the price and price of the price at the time of conclusion of the contract and the special conditions relating to the development of prices over time, including time-determined discounts.
6) How to obtain information about applicable tariffs, fees and other prices can be obtained.
7) 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.
8) 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.
9) Which warning the consumer will 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.
10) Whether or not you can continue the contract relationship on a changed delivery address.
11) The release for the company ' s broadcast of final settlement at the termination of the Agreement or at the Customer's relocation to another address without termination of the customer relationship.
12) 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.
13) 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 fair, transparent and clearly understood. 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.
Paragraph 3. Before a trading company has entered into a customer relationship with a consumer, the trading company may only obtain information about the consumer in the data hub, provided that the consumer gives express consent.
Paragraph 4. The business operator shall inform the consumer of the types of information relating to the consumer, the trading company collects, processes and, where appropriate, exchanges as part of the current customer relationship and where the information is exchanged, where appropriate.
§ 3. Contract, cf. Section 2 (2). 1, between the commercial business and the consumer shall be made in writing, or electronically, and is only valid for the signature of the consumer, by confirmation with NemID or other secure electronic approval.
Paragraph 2. An electricity commercial undertaking whose existing authorization to operate services of general interest expires after the implementation of a tender is to be drawn up a contract, cf. Section 2 (2). 1, for consumers who do not choose to switch to another product or supplier, cf. § 34 a (3) (a) 4 in the power of power supply. Such a contract shall be valid without the approval of the consumer, cf. Section 3, paragraph 3. 1.
Paragraph 3. Delivery of electricity to a consumer who receives electricity from the power trading company ' s universal service, cf. Paragraph 34 of the power supply law does not require the approval of the consumer to be approved under paragraph 1. However, in writing.-(1) The obligation of universal service shall, however, always provide a written notification to the consumer within 10 working days of the service of the general undertaking that it has claimed the delivery, cf. however, section 4 (4), 1.
§ 4. For electricity trading undertakings which have obtained the granting of universal service within 1. In March 2013, there is no requirement for the conclusion of a contract, cf. Section 2 (2). 1 to a consumer who receives electricity on the basis of the universal service obligation, cf. § 34, on the power supply. The derogation applies only to the contractual relationship before 1. May 2013.
Paragraph 2. However, the consumer shall have the right to receive a contract in writing or in electronic form.
§ 5. If the electricity merchant company 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 communication, cf. however, paragraph 1 4.
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 conditions of contract, new charges and conditions, as well as changes to the unit price in contracts for fixed price 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 business of the Elmerchant shall be subject to notification in accordance with paragraph 1. 1 shall inform the consumer of his right to withdraw the contract.
Paragraph 4. An electricity commercial undertaking whose appropriation expires after the execution of a tender shall inform the consumers concerned in accordance with the rules laid down in § 34 (a) (a). 3 and 4, in the field of power supply. The notification shall be made prior to the expiry of the authorization but after the tender has been held.
§ 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 business operator shall provide at least once a year in a transparent and comprehensible manner to the consumer, at least once a year, on the evolution of prices and fees affecting the consumer.
§ 8. There is no requirement for the conclusion of the contract between a network undertaking and a consumer using the collective power supply grid, cf. Section 24 (1) of the power supply law. 1.
Paragraph 2. However, the consumer shall have the right to a contract with the network undertaking in accordance with section 2 (2). 1, no. 1-5, no. 7-8 and 10-12.
Paragraph 3. Notwithstanding the conclusion of the contract pursuant to paragraph 1. 2, the network must comply with the requirements of section 2 of the notice and section 9 to 17, including the submission of the provisions referred to in section 2 (2). 1, no. 1 6, 8-9 and 11 13, mentioned information.
§ 9. The network must produce a copy of a checklist with the rights of the electricity produced by the European Commission by a single consumer, when such a checklist is drawn up by the European Commission. 3. 16, 1. in the European Parliament and Council Directive laying down common rules for the internal market in electricity.
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 website's website.
§ 10. If the net 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 customer debit ; 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 conditions of contract, new charges and conditions, as well as changes to the unit price in fixed tariff arrangements and changes to the price calculation basis in agreements on variable Tarif.
§ 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 network 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, move, complaint, and supervision
§ 13. The business of Elders and the network 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 costs of electricity and network company in different payment systems.
Paragraph 2. The advance payment must be reasonable and reflect the expected electricity consumption.
Paragraph 3. The payment of electricity from an electricity trading company which has obtained a grant after 1. In January 2013, in the company's capacity of universal service, aconto will be made every three months in four major instalments. The Acontopayments shall be determined on the basis of expected consumption. The assessment and settlement of actual consumption shall be at least once a year. The payment period will not be the same as 5. day in 2. Month of each three-month period. Longer payment period may be granted but not shorter.
Paragraph 4. 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. Consumers change trading business with the future trading company.
Paragraph 2. The consumer will report to-and relocation and other address changes to its power trading company.
Paragraph 3. The business operator inforts the consumer's shift of supplier and the required change date or move to new address and date for the move to Energinet.dk.
Paragraph 4. Energinet.dk must execute a user's shift in power trading within 10 business days from receipt of vendor change request, unless the consumer wants a later date, cf. paragraph 3.
Paragraph 5. The consumer shall receive a final settlement from the power trading company within six weeks of the date of switching of electricity trading activities, or relocation has been notified to the power trading company.
§ 15. Elmerchant's business must, at the request of Energinet.dk, provide evidence of the conclusion of the agreement.
Paragraph 2. Energinet.dk determines the procedure for the notification and verification of agreements. Energinet.dk's Verification will be carried out through random checks or, after Energinet.dk's assessment, in a different way.
§ 16. The consumer shall not be charged with the change of trading company, cf. Section 6, in the field of power supply.
§ 17. A consumer shall have the right to appeal to the good standards of his elder or networked business. The treatment of a complaint must be made as soon as possible.
Paragraph 2. An undertaking ' s decision of a civil legal complaint pursuant to paragraph 1. One may be impanted to the Board of Energy in the Energy area.
§ 18. The consumer may make the energy aware of electricity or network or Energinet.dk's failure to comply with the notice by the consumer.
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
§ 19. The announcement shall enter into force on 1. March, 2013.
Paragraph 2. At the same time, notice No 161 of 23. February, 2011, on consumer protection, under law on power supplies.
The DEA, the 27th. February 2013
/ Thomas Bastholm Bille
1) The announcement contains provisions that implement parts of the Directive 2009 /72/EC of the European Parliament and of the Council. July 2009 laying down common rules for the internal market in electricity and the repeal of Directive 2003 /54/EC, EU Official Journal 2009, nr. L 211, page 55.