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Ordinance On Consumer Contracts For The Supply Of Natural Gas

Original Language Title: Bekendtgørelse om forbrugeraftaler om levering af naturgas

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Publication of consumer contracts for the supply of natural gas 1)

In accordance with section 7 a in the natural gas supply, cf. Law Order no. 1331 of 25. November 2013, as authorised pursuant to section 4 (4), 1, in the notice. 436 of 11. May 2012 on the tasks and powers of the Energy Management :

Scope of application

§ 1. This notice shall apply to consumer contracts for the sale of natural gas which a natural gas supplier forms part of its occupation when the other party (the consumer) is essentially outside of its profession, cf. however, paragraph 1 2. The announcement shall also apply to 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.

Paragraph 3. § 12, paragraph 1. In addition, 5 and 6 shall also apply to contractual conditions applicable between a natural gas supplier or a distribution company and an end-customer acting in his profession.

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 provide at least the information provided for in the section 8 of the consumer contract law as regards contracts concluded outside the business establishment ' s premises or on distance selling and section 17 as regards contracts other than agreements concluded ; outside the place of business or distance from the driving business, including :

1) how information on applicable tariffs, fees and other prices can be obtained,

2) which warning the consumer shall give the company if the consumer intends to move from the address where the benefits are provided and the consumer wants to terminate the contract ;

3) whether the Customer can continue the contract relationship on a changed delivery address and the conditions for this ;

4) the period of time for the company ' s dispatch of final settlement at the termination of the contract or at the Customer's relocation to another address, without termination of the customer relationship ;

5) information on the subject of compensation and other inadequable rights, if the contract is not complied with, including by inaccurate and delayed billing and

6) information on appeal proceedings and the procedure for appeal.

Paragraph 2. The contract must be in writing and the terms of the contract be reasonable, 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. There is no requirement for the consumer's acceptance of the contract.

§ 3. A natural gas supplier whose existing authorization to operate services of general interest expires must draw up a contract, cf. Section 2 (2). 1, for consumers who do not choose to switch to another product or vendor. Such a contract shall be valid without the express acceptance of the consumer.

Paragraph 2. in the case of the supply of natural gas to a consumer who receives natural gas on the basis of the natural gas supplier ' s universal service, cf. Section 26 of the natural gas supply law must submit the contract in writing to the consumer within 10 working days after the universal service has been informed that it has taken over the delivery. Such a contract shall be valid without the express acceptance of the consumer.

§ 4. 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 three months, cf. however, paragraph 1 However, 5. Changes in taxes, duties and so on may be carried out without notice. The alert must be given in a clear and comprehensible language by using email, invoice 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 and, at the same time, the total payment shall be increased by at least 40 kr. per month inclusive of VAT, changes in delivery terms and contractual terms, new charges, and terms and changes of unit prices in contracts for fixed price and changes to price calculation basis in agreements for variable price.

Paragraph 3. If the natural gas supplier makes insignificant changes to prices or charges to be unfavorably for the consumer, the consumer must be well-aware of this in a clear and comprehensible language by using e-mail, invoice or similar individual cases ; communicate no later than one billing period after the change enters into force.

Paragraph 4. The consumer has the right to withdraw the contract with effect from the entry into force of the change, if the consumer does not accept the essential or insignificant changes. As regards payment for already delivered services, the section 25 (5) of the consumer contract shall be subject to the provisions of the contract. 2, similar application. The natural gas supplier must in the course of the notification provided for in paragraph 1. 1 and 3 shall inform the consumer of his right to withdraw the contract.

Paragraph 5. A natural gas supplier whose appropriation expires must inform the consumers concerned in accordance with the rules in section 27 (3). 3 and 4, in the law of natural gas supply. The notification shall be made prior to the expiry of the authorization but after the tender has been held.

§ 5. In the price reductions and other amendments to favour of the consumer, there is no call for notice.

§ 6. At least once a year in a transparent and comprehensible manner, the natural gas supplier shall inform the consumer of the developments in prices and fees affecting the consumer.

Distribution companies

§ 7. There is no requirement for the conclusion of a contract between a distribution company and a consumer using the distribution network.

Paragraph 2. However, the consumer shall have the right to a contract with the distribution company, which shall indicate the information in section 2 (2). 1, with the exception of the information referred to in Section 2 (2). 1, no. 3 and 4.

Paragraph 3. Notwithstanding the conclusion of the contract pursuant to paragraph 1. 2, the distribution company shall comply with the requirements of section 8-12, section 13, paragraph 1. 4 and sections 14 and 16, and forward the information referred to in section 2 (2). 1 with the exception of the information referred to in section 2 (2). 1, no. 3 and 4.

§ 8. 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.

§ 9. If the distribution company intends to make significant changes to tariffs, conditions or charges to be unfavourable to the consumer, the consumer concerned shall have at least three months prior notice. Changes to taxes, duties and so on can, however, be implemented without notice. The alert must be given in a clear and comprehensible language by using email, invoice 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 and, at the same time, the total payment shall be increased by at least 40 kr. per month inclusive of VAT, changes in delivery terms and contractual terms, new charges, and terms and changes of unit prices in fixed tariff agreements and changes to the price calculation basis in variable-rate agreements.

§ 10. For tariff reductions and other amendments to favour of the consumer, there is no call for notice.

Paragraph 2. For temporary short-term reductions in the price of the distribution company ' s allowances, where the price is subsequently set up to the previous amount, there is no requirement for notice.

§ 11. At least once a year in a transparent and comprehensible manner, the distribution company shall inform the consumer of the developments in prices and fees affecting the consumer.

Payment method, vendor change, move, complaint, and supervision

§ 12. 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. For acontopayment, the quantities used must be reasonable and reflect the expected natural gas consumption.

Paragraph 3. The payment for natural gas from a natural gas supplier who has obtained a grant after the 1. In January 2013, in the company's capacity of universal service, aconto will be made every three months in four major instalments. 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 requirements for unnecessary documentation.

Paragraph 5. The natural gas supplier and the distribution network must not, from the end Customer, collect a separate payment for the transmission of invoices.

Paragraph 6. The natural gas supplier and the distribution company shall offer their end customers, including customers who act in their profession, to submit invoices electronically.

§ 13. The consumer will agree to switch off natural gas suppliers with the future vendor.

Paragraph 2. The consumer will report to and relocation and other address changes to its natural gas supplier.

Paragraph 3. The natural gas supplier shall communicate to the consumer's shift of supplier and the desired shift to date or move to the new address and date of the move to the distribution company.

Paragraph 4. The distribution company shall make a user's shift of natural gas supplier within 10 business days from the distribution company receipt of request for supplier change, unless the consumer wants a later date, cf. paragraph 3.

Paragraph 5. The consumer shall receive a final feed from the natural gas supplier within six weeks of the date of switching of natural gas suppliers, or relocation has been issued to the natural gas supplier.

§ 14. Where more than one consumer has been registered in a return number where one consumer has been moved from the return number, and the other consumer continues to live on the return number, the framing consumer may call for it to be deleted as a consumer on the return number, with 1 day notice of the effect that the unmoved consumer shall not be liable for future consumption on the number of the tageny. In these cases, section 13 (3) shall be found. 5, equivalent use.

Paragraph 2. As a condition for notification by the due date of paragraph 1. 1 may ask the consumer to document the relocation of the natural gas supplier or the distribution company.

§ 15. The natural gas supplier shall, at the request of the distribution company, including as part of a sample check, provide evidence of the conclusion of the agreement.

§ 16. A consumer shall have the right to appeal to good standards for the natural gas supplier or the distribution company. The treatment of a complaint must be made as soon as possible. For the purpose of responding to a complaint, the natural gas supplier or distribution company shall inform the consumer of the possibility to appeal against the decision to the Member States of energy if the appeal is not fully accepted.

Paragraph 2. A company ' s decision of a civil legal complaint pursuant to paragraph 1. 1 may be claimed for the Energy and Energy Board of the Energy.

§ 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.

Entry into force

§ 18. The announcement shall enter into force on the 31. December 2014.

Paragraph 2. At the same time, notice No 311 of 20. In March, 2013 on consumer protection under the law of natural gas supply.

The DEA, the 12th. December 2014

Kristoffer Böttzauw

/ Marie Hindhede

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 have 211, page 94, and parts of the European Parliament and Council Directive 2012 /27/EU of 25. In October 2012 on energy efficiency, amending Directive 2009 /12/30/EU, and repealing Directive 2004 /8/EC and 2006 /32/EC, EU Official Journal, nr. L315, page 1.