Key Benefits:
Act of 2 July 1998 laying down rules relating to the production, transport and supply of electricity (Electricity Act 1998)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken into consideration the desireation of the desireation of the Directive No 96 /92/EC of the European Parliament and the Council of the European Union of 19 December 1996 on common rules for the internal market in electricity (PbEG 1997, L 27), the possibilities of generation, supply and import and export of electricity to increase electricity and the use of line-related electricity works, taking into account the importance of the reliable, sustainable, efficient and environmentally sound functioning of the electricity supply establish new arrangements with regard to production, transport and the supply of electricity;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 The following shall be understood in this Act and the provisions which are based thereon:
a. Our Minister: Our Minister for Economic Affairs;
b. connection: one or more connections between a network and an immovable property as specified in Article 16 (a) to (e) of the Property Valuation Act , including one or more connections between a network administrator and a network managed by a network operator other than the network operator and between the net at sea and a sea wind farm;
c. customer: each one, with the exception of the network operator of the net at sea, which has a connection to a net;
d. Regulation 714/2009: Regulation No Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on the conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 714/2009 1228/2003 (Pb EU 2009, L 211);
e. Consumer and Market Authority: Consumer and Market Authority, mentioned in Article 2, 1st paragraph, of the Incomposition Act Authority of Consumer and Market ;
f. supplier: an organizational unit that deals with the provision of electricity;
g. producer: an organisational unit concerned with the generation of electricity;
h. trader: an organisational unit concerned with the conclusion of contracts relating to the purchase and sale of electricity;
(i) net of one or more of the connections to the transport of electricity and the related transformer, switching, diver and substations and other devices, except to the extent that these compounds and devices are part of a direct line or lying within the installation of a producer or of a customer;
j. 'rural high voltage network' means the net, intended for the purpose of Article 10, first paragraph ;
k. network operator: a company based on the Article 10 , 13 , 14 or 15a has been designated for the management of one or more networks;
L. licence holder: a holder of a licence as referred to in Article 95a ;
m. Directive: Directive No 2009 /72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003 /54/EC (Pb EU 2009, L 211);
n. notificationDirective: Directive No 98 /34/EC of the European Parliament and of the Council of the European Union of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society Services (PbEG L 204);
o. programme-responsibility: the responsibility of customers, other than customers, as intended in Article 95a, first paragraph -the network operator of the network at sea and permit holders to draw up or produce programmes relating to the production, transport and consumption of electricity for the purposes of network operators and taking into account the requirements of the Directive. conditions specified in Article 31 , carried out in accordance with those programmes;
p. system services: the services provided by the network manager of the rural high voltage network to ensure the safe and efficient transport of electricity over all networks in order to provide a safe and efficient way of interrupting the transport of electricity; electricity to be solved, and in order to maintain or restore the energy balance on all nets;
q. [ Red: expiring;]
r. related company: a related company within the meaning of Article 41 of the seventh Directive No 83 /349/EEC of the Council of 13 June 1983, on the basis of Article 44, second paragraph, of the Treaty on consolidated accounts, or an associated company within the meaning of Article 33, first paragraph, of such an undertaking or of an undertaking the same shareholders belong;
s. biomass: the biodegradable fraction of products, wastes and residues of biological origin from agriculture-including plant and animal substances-, forestry and related industries, including fishing and aquaculture as well as the biodegradable fraction of industrial and municipal waste;
t. renewable energy sources: wind, solar energy, ambient air, surface water and geothermal energy, energy from the oceans, hydropower, biomass, landfill gas, sewage treatment gas and biogas;
you. sustainable electricity: electricity generated in production plants using only renewable energy sources, and electricity generated from renewable energy sources in hybrid production facilities which are also conventional energy sources, including electricity generated from renewable energy sources and used for accumulating systems, and excluding electricity coming from accumulating systems;
v. Climate-neutral electricity: electricity generated in a production plant in which hydrogen or electricity is produced from fossil energy carriers, where the carbon or carbon dioxide released from the conversion process becomes useful is to be applied or permanently stored in the subsoil, and for which a ministerial order has been obtained;
w. cogeneration: the combined production of heat and electricity or mechanical energy by the use of a fuel, the heat of which is useful for use, other than for the production of electricity;
x. guarantee of origin for renewable electricity: data on a renewable electricity account and demonstrating that a producer with its installation has generated a quantity of renewable electricity;
y. Account: State on which a set of guarantees of origin for renewable electricity or guarantees of origin for electricity generated in an installation for high-efficiency cogeneration can be booked in the electronic System for issuing and taking guarantees of origin for renewable electricity or guarantees of origin for electricity generated in an installation for high-efficiency cogeneration that is maintained by the guarantee management authority and which keeps track of the quantity of durable electricity guarantees of origin for renewable electricity or guarantees of origin for electricity generated in an installation for high-efficiency cogeneration have been provided and to whom the guarantees of origin for sustainable electricity are provided Electricity or guarantees of origin for electricity generated in an installation for high-efficiency cogeneration at any time;
z. guarantee management authority: the Article 73, second paragraph , designated authority;
aa. 'economic ownership' means the right to all rights and powers in respect of a good, except for the right to delivery, under a legal relationship, and held to cover all the obligations relating to that right, taking into account and thereby bearing the full risk of change of value or the nullitiation of the property, without being well supplied;
Ab. installation for high-efficiency cogeneration: installation for the production of electricity by cogeneration within the meaning of Article 2 (34) of this Regulation: Directive 2012/27 /EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009 /125/EC and 2010/30 /EU and repealing Directives 2004 /8/EC and 2006 /32/EC (PbEU 2012, L 315);
ac. guarantees of origin for electricity generated in an installation for high-efficiency cogeneration: data on an electricity-generated account generated by high-efficiency cogeneration, with which: it shall be demonstrated that a producer with its installation has produced and has fuelled a quantity of electricity by means of high-efficiency cogeneration;
ad. Supply security: the ability of a network to deliver electricity to customers;
au ae. operational network security: the ability of the rural high voltage grid to remain operational in foreseeable circumstances;
Off. 'Measurement device' means the whole assembly of equipment with a minimum of its purpose to measure the electricity exchanged;
Ag. measurement company: an organisational unit dedicated to the collection, validation and determination of data on the measurement of electricity;
Ah. production installation: an installation, consisting of one or more production units, for the generation of electricity.
ai. [ Red: this part has not yet entered into force;]
Aj. [ Red: this part has not yet entered into force;]
Box. [ Red: this part has not yet entered into force;]
already. Regulation No 713/2009: Regulation No Commission Regulation (EC) No 713/2009 of 13 July 2009 of the European Parliament and of the Council establishing an Agency for the Cooperation of Energy Regulators (Pb EU 2009, L 211);
am. Agency: the Agency referred to in Article 1, first paragraph, of Regulation 713/2009;
an. Producer of gas: a producer as referred to in Article 1, part day, of the Gas Act ;
Oh. Supplier of gas: a supplier as intended Article 1, part ah, of the Gas Act ;
ap. Trader in gas: a trader as intended Article 1, part ai, of the Gas Act ;
Aq. 'closed distribution system' means a network, other than the national high voltage system,
1 °. that is within a geographically defined industrial location, commercial location or location with shared services;
2 °. to which less than 500 customers are connected and
3 °. that only non-household electricity customers provide, unless there is occasional use by a small number of household customers that are employed in, or have similar relationships with, the owner of the electricity distribution system;
Ar. direct line: one or more of the connections for the transmission of electricity, except as far as is located within an installation, which:
1 °. is not connected to a network or to another connection for the transport of electricity and which directly connects an isolated production plant of a producer to an isolated consumer of electricity, other than the one being connected to the supply of electricity. producer or
2 °. not more than 2 ° through the installation of a single unit on the compound connected to a network or to another connection for the transport of electricity and which is a production plant of a producer, with the intervention of a supplier, directly connects to one or more consumers of electricity, other than the producer or essentially household consumers, in order to meet the electricity needs of those consumers;
as. National cross-border network: a network that crosses the border between at least two countries and which links the networks of those countries;
at. Interconnector operator: an administrator of a national cross-border network that is not part of the rural high voltage network;
au. Regulation 1227/2011: Regulation (EU) No 1227/2011 1227/2011 of the European Parliament and of the Council of 25 October 2011 on the integrity and transparency of the wholesale energy market (PbEU 2011, L 326), as well as the European Commission adopted implementing acts on the basis of Regulation 1227/2011;
av. economic operator shall mean an economic operator as referred to in Article 2 (7) of Regulation 1227/2011;
aw. Authority Financial Markets: the Financial Markets Authority, named in Article 1: 1 of the Law on Financial Supervision ;
Ax. binding policy: a self-contained burden not imposed on an infringement;
Ay. 'single charge' means the single burden of performing certain operations, intended for the purpose of: Article 5:2, 2nd paragraph, of the General Law governing the administrative law , in order to promote compliance with legal requirements;
Az. Wind farm: an installation for the production of electricity by means of wind energy, mainly consisting of one or more windmills;
Ba. just at sea: the net, intended in Article 15a, first paragraph .
2 For the purposes of applying to or pursuant to this Act, as a customer, other than a customer as referred to in the Article 95a, first paragraph , considered an organizational unit principally engaged in public transport by metro, tram or trolley, with mining activities, with the management and operation of telecommunications and cable networks, with the management of the system. public lighting or traffic control installations or sewers, sewers, water purification or transport and distribution of water, provided that:
(a) that unit has several connectors solely as a result of the technical nature of the business.
b. The total power available to the unit for that business exercise exceeds 2 MVA and
c. the business exercise shall be carried out by this unit on a physically integrated basis.
3 An undertaking principally engaged in the transport of persons or goods by train is considered to be a customer, by way of derogation from paragraph 1 (c), not to be a customer as intended for the purpose of transport of goods or goods. Article 95a, first paragraph , even if it does not have a connection to a net.
This law and the provisions based thereon shall also apply to the maritime network situated within the Netherlands exclusive economic zone, national cross-border networks situated within the Netherlands exclusive economic zone. and installations for the production of electricity located within the Netherlands exclusive economic zone, as well as electricity generated from it.
5 Production plants for the production of electricity using wind energy in the country belonging to the same undertaking or institution and having a technical, organisational or functional relationship and in each other close proximity shall be deemed to have one connection.
1 Our Minister, at least once every four years, establishes an energy report which provides for the use of decisions to be taken in the next four years, in so far as the importance of reliable, sustainable, efficient and sustainable development of the energy and safety conditions of the economy of the Member States of the European Union is taken into account. the environmentally sound functioning of the electricity supply should be considered or taken into account. In preparing an energy report, our Minister refers to the most interested administrative bodies, institutions and organisations in the matters to be addressed in the matters to be addressed.
2 In so far as the energy report is concerned with the responsibility of our Minister for Infrastructure and the Environment, the report shall be adopted after consultation with the Minister.
3 The energy report shall contain at least:
a. An analysis of developments in the national and international energy markets and their effects on a reliable, sustainable, efficient and environmentally sound energy management position;
b. an analysis of changes in the use of energy sources for the generation of electricity and the manner in which and the extent to which a sustainable energy management develops;
c. an analysis of the evolution of market forces in the energy supply;
d. an overview of the intended results on the promotion of a reliable, sustainable, efficient and environmentally sound energy management position and of the ways in which those results should be achieved during the relevant four-year period. will be pursued;
(e) an analysis of other aspects which may be relevant in the context of energy policy in general.
1 Once the energy report has been adopted, our Minister shall inform the two Chambers of the States-General of this report by submitting the report.
2 Our Minister makes the determination of the energy report known in the Official Gazette, indicating how knowledge can be obtained from the contents of the energy report.
1 The energy report shall apply with effect from a time to be determined by decision of our Minister.
2 The decision is taken no sooner than eight weeks after the energy report was based on Article 3, first paragraph , has been submitted to the two Chambers of the States-General.
3 If it is given by or on behalf of one of the Chambers of the States-General within eight weeks of the presentation of the energy report that it wishes to deliberate on the energy report in public, the decision shall be taken not earlier than six months. months after the submission of the energy report, or, if the deliberations have ended at an earlier date, after those deliberations.
1 Our Minister shall collect, analyse and systematically collect information and data relating to the security of supply, in particular as regards:
a. the balance of supply and demand on the national market;
b. the level of expected future demand,
c. additional production capacity and network capacity planned or under construction,
d. the quality and state of maintenance of the nets; and
e. the measures in case of peak taxation or the default of one or more suppliers.
2 By 31 July each year, our Minister shall publish by 31 July an appropriate report on the findings of the collection, analysis and processing of the information and information on the subjects referred to in paragraph 1. as well as the measures taken or planned in relation to such subjects. It shall forward the report to the European Commission without delay and shall communicate it to the Official Journal, indicating the manner in which the report may be consulted.
3 For the purpose of carrying out the task referred to in paragraph 1, detailed rules may be laid down under ministerial arrangements concerning:
(a) the information and intelligence which our Minister may require to be supplied to him;
b. those of whom Our Minister, without prejudice Article 78 , may require it to provide him with information and information; and
(c) the period within which, the manner in which and the form in which the data and information are supplied to our Minister.
4 The report referred to in paragraph 2 shall be drawn up in close cooperation with the network manager of the rural high voltage network, which shall, where appropriate, consult with the relevant network operators of neighbouring countries. The report shall address the overall adequacy of the power supply system and the estimated demand for electricity in which consideration shall be given in each case to:
a. operational network security;
b. the estimated balance between supply and demand over the next five years,
c. The prospects of electricity supply for the period between five and 15 years after the date of reporting; and
d. the plans of the Network Manager of the Rural High Voltage Network and, to the best of knowledge of other Parties, for the next five or more calendar years in the field of provision of investments in land transboundary networks.
5 For the part of the report dealing with investment intentions in landtransborder networks as referred to in paragraph 4 (d), the following shall be taken into account in relation to such plans:
a. The principles of congestion management, as set out in Regulation 714/2009,
b. The existing and planned transport lines,
c. Expected patterns in terms of production, supply, cross-border trade and consumption where there is scope for demand management measures; and
d. Regional, national and European objectives for sustainable development, including those listed in Annex I to Decision No 17; No 1364 /2006/EC.
1 The Consumer and Market Authority is responsible for the tasks entrusted to it for the execution of the specific tasks assigned to or under this Law, Regulation 714/2009, Regulation 713/2009 and Regulation 1227/2011, as well as the verification of compliance with the requirements of this Directive. certain by or under this Law, Regulation 714/2009, Regulation 713/2009 and Regulation 1227/2011.
2 The Consumer and Market Authority is the regulatory authority referred to in Article 35, first paragraph, of the Directive and of Article 2 (2) (a) of Regulation 714/2009.
3 The Consumer and Market Authority shall take into account Article 36 of the Directive when exercising the tasks and powers conferred on it by virtue of this Act.
4 The Consumer and Market Authority operates, inter alia, to integrate national markets into one or more geographical areas as referred to in Article 12, third paragraph, of Regulation 714/2009 and cooperation between the network manager of the nationwide High-voltage, high-voltage, and foreign institutions entrusted with the management of a transmission system as referred to in Article 2 (4) of the Directive in these areas, in accordance with national legal rules, in these areas, together with:
(a) institutions in other Member States of the European Union responsible for applying the rules in the field of electricity pursuant to national law;
b. The Agency.
5 The Consumer and Market Authority contributes to the compatibility of data exchange processes for the main market processes in one or more geographical areas as referred to in Article 12, third paragraph, of Regulation 714/2009.
6 The Consumer and Market Authority decides on the approval of the congestion management procedures for national cross-border networks used by the network manager of the rural high voltage network.
The Consumer and Market Authority may impose a binding line of conduct in relation to compliance with the provisions of this Act, Regulation 714/2009, Regulation 713/2009 and Regulation 1227/2011.
The Consumer and Market Authority is closely monitoring the extent to which the electricity market meets the objectives set out in Article 36 of the Directive. It also follows:
(a) the relationship between the planned investments, Article 21, second paragraph , from the network manager of the rural high voltage network and from the network operator of the grid at sea and the network development plans as referred to in Article 8 (b) of Regulation 714/2009;
b. the level of transparency, including wholesale prices;
(c) the level and effectiveness of market opening and competition at the wholesale and retail level;
d. the existence of practices aimed at entering into agreements to which customers, other than customers, as intended Article 95a, first paragraph , may deter from or impose restrictions on a choice for the simultaneous conclusion of contracts with more than one supplier;
(e) the investments in production capacity for the purpose of security of supply;
f. the technical cooperation between the network operator of the national high voltage network and foreign institutions entrusted under national law with the management of a transmission system as referred to in Article 2 (4); of the Directive.
1 Without prejudice to the obligation to draw up an annual report, Article 18 (1) of the Framework Law on independent administrative bodies , the Authority will report annually to the Consumer and Market Authority on the implementation of its tasks, as set out in Article 5, first paragraph . The report contains an overview of the results achieved and measures taken.
2 The Consumer and Market Authority shall send the report to our Minister, the Agency and the European Commission.
1 By way of derogation from Article 7, 1st paragraph, of the Incomposition Act Authority of Consumer and Market and without prejudice to Article 7, third paragraph, of that Act, the Consumer and Market Authority shall be empowered to supply data or intelligence to the Agency, provided that such data or information may be meaningful for the performance of the task from the Agency.
2 Article 7, 4th paragraph, of the Incomposition Act Authority of Consumer and Market shall apply mutatis mutandis.
1 By way of an experiment, a derogation from the provisions of the European Parliament and of the European Commission may, subject to binding decisions of the Council of the European Union, the European Parliament and the Council acting jointly or from the European Commission, be used as a general measure. in the case of or under this law.
2 The experiment can only be applied to the first member if the experiment contributes to developments in the production, transport and delivery of decentralised renewable electricity, or electricity generated in the region; an installation for cogeneration and fit within responsible financial frameworks of the Empire.
3 In the case of the general measure of management referred to in paragraph 1, rules shall be laid down concerning experiments as referred to in the first paragraph, in each case being determined as follows:
a. which derogation or derogations from this Act are permitted;
(b) for which categories of customers the derogations are valid and the size of the group of customers for which a derogation applies,
c. the maximum period of time allowed by that derogation or derogations;
d. the number of situations in which a derogation is permitted; and
the method of determining whether a derogation meets its purpose, and whether the duration of such a derogation is necessary.
4 Our Minister shall send a report on its effectiveness and its effects and a position on its continuation, other than an experiment, at the latest three months after the end of an experiment, to the Second Chamber of the European Parliament (2), not later than three months after the end of an experiment States General.
5 The nomination for a general measure of directors to be adopted under the first paragraph shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.
1 If, in the opinion of our Minister to ensure supply and security of supply, insufficient production facilities are being built, he may initiate a procedure in accordance with Article 8 of the Directive.
2 In the case of or under general management measures, detailed rules may be laid down on the procedure referred to in Article 8 of the Directive.
1 The procedure referred to in Article 3.35, first paragraph, introductory wording and section c, of the Spatial Planning Act , shall be applicable to the construction and extension of:
a. A production plant, including the connection of that installation to a net, with a capacity of at least 100 MW, if it is an installation for the production of renewable electricity by means of wind energy;
b. A production plant, including the connection of that installation to a net, with a capacity of at least 50 MW, if it is an installation for the generation of renewable electricity other than wind energy;
c. A production plant, including the connection of that installation to a net, with a capacity of not less than 500 MW, if it is an installation for the production of other than renewable electricity.
2 The procedure referred to in Article 3.35, first paragraph, introductory wording and section c, of the Spatial Planning Act shall also apply to the extension of a production plant for the production of other than renewable electricity, including the connection of that installation to a network, if, by such extension, the capacity of that plant is Production plant shall be increased to at least 500 MW.
3 The producer shall notify the Minister of the Commission of any plans to construct or extend a production plant as referred to in the first or second member, as soon as possible. In the case of ministerial arrangements, a form may be drawn up for the notification and the information to be provided in that provision.
4 If, taking into account the size, nature and location of an installation referred to in the first or second paragraph, and the number of decisions necessary for the construction or extension of that installation, it is not reasonable to expect that application of the procedure referred to in the first or second paragraph, will accelerate decision-making to a significant degree or otherwise have significant advantages to it, our Minister may provide that:
a. none of the procedures specified in Article 3.35, first paragraph ,
b. Only the procedure specified in Article 3.35, first paragraph, introductory wording and part a ,
c. only the procedure specified in Article 3.35, first paragraph, introductory wording and part b , or
d. the procedure specified in Article 3.35, first paragraph, introductory wording and part a , followed by the procedure referred to in Article 3.35, paragraph 1, introductory sentence and subparagraph (b) of the Spatial Planning Act, shall apply or be on the construction or extension of that installation. Our Minister should tell the producer and the governing bodies concerned about an intention to apply to the power, intended in the first sentence.
1 Our Minister is the appointed minister, intended in Article 3.35, second and third paragraphs, of the Spatial Planning Act .
2 If application is given to Article 3.28, fourth paragraph, of the Spatial Planning Act By way of derogation from that article, our Minister and our Minister of Infrastructure and the Environment shall act jointly in the place of mayor and aldermen as regards the powers and obligations referred to in that Article.
3 Our Minister, in agreement with the Council of Ministers, may stipulate that our Minister and our Minister shall, by way of agreement, apply mutatis mutandis Article 3.35, third paragraph, fourth sentence, of the Spatial Planning Act , take one or more decisions necessary for the construction or extension of a designated production plant as referred to in Article 2 (1) of the EC Treaty. Article 9b, first paragraph .
1 In the case of, or under general management, decisions are to be designated as intended for the construction or extension of a production facility. Article 9b, first paragraph , in any event, acts as intended Article 3.35, first paragraph, part b, of the Spatial Planning Act are.
2 Our Minister may, for the purposes of the construction or extension of a production plant, as referred to in Article 9b, first paragraph , take one or more decisions other than those designated by or pursuant to paragraph 1, as acts referred to in the Article 3.35, first paragraph, part b, of the Spatial Planning Act .
3 Our Minister may, if a decision designated by or pursuant to paragraph 1, aim to apply the procedure, Article 9b, first paragraph , would impede or severely impede, provide that the decision concerned, by way of derogation from the general measure of management referred to in the first paragraph, shall not act as a decision in the Article 3.35, first paragraph, part b, of the Spatial Planning Act shall be considered.
1 Provincial States are authorized to construct or extend a production facility for generation of renewable electricity using wind energy with a capacity of at least 5 but not more than 100 MW, including the connection of that installation to a network, to designate grounds and to do so as a means of entry into Article 3.26, first paragraph, of the Spatial Planning Act -to be fixed. For the duration of 10 years after the adoption of the entry plan, the municipal council shall not have the power to set up a zoning plan for those grounds.
2 Provincial States shall, in any event, give application to the jurisdiction under paragraph 1 if a producer has a written intention to build or extend a production plant as referred to in paragraph 1. reported and the municipality concerned has rejected an application from that manufacturer for the adoption or amendment of a destination plan for the purpose of the realisation of that intention. For the purpose of reporting and the data to be provided, provincial States may establish a form.
3 Article 3.26, second and third paragraph, of the Spatial Planning Act shall apply mutatis mutandis. Article 3.26, fifth paragraph, of the Spatial Planning Act does not apply.
4 If provincial States apply the power referred to in paragraph 1, states shall exercise the powers and carry out the obligations referred to in paragraph 1. Article 3.6, first paragraph, of the General Provisions Act out and decide on an application to obtain an environment permit for an activity as intended Article 2.1, first paragraph, point (a), (b), (c) or (g) of that Act . Member States shall send a copy to the Mayor and to aldermen of decisions taken pursuant to the powers specified in the first sentence.
5 The second paragraph shall not apply where the minimum achieved by virtue of paragraph 6 for that province has been met.
6 In the case of a general measure of administration on the proposal of our Minister, a minimum level of implementation is set for each province. The nomination for the general measure of management shall not be done earlier than four weeks after the draft has been submitted to both Chambers of the States General.
1 The Member States deputed for coordinating the preparation and publication of the decisions designated on the basis of Article 9d, first paragraph , for the purposes of the construction or extension of a production plant, as referred to in Paragraph 9e, first paragraph .
2 Deputed states shall take the decisions referred to in paragraph 1 with the exclusion of the competent administrative body at first instance, unless this is an administrative organ of the State.
3 The Member States deputed for the drafts of the acts referred to in paragraph 1 shall apply jointly to the Council of the European Union. Article 3:11, 1st paragraph, of General Law governing law and add the notices referred to in Article 3:12 of that Act , together in a notice to be made by them.
4 In so far as the construction or extension referred to in paragraph 1 is disproportionately impeded by provisions adopted, whether by law or by virtue of a regulation of a municipality or of water, those provisions may, in so far as they are: the taking or carrying out of the decisions referred to in paragraph 1 shall not be applied for urgent reasons.
5 Article 3.33, second and fourth to sixth paragraph, of the Spatial Planning Act shall apply mutatis mutandis.
6 Deputed states may provide that the first or second paragraph shall not apply to a production facility as referred to in Article 2 (1). Paragraph 9e, first paragraph , if:
(a) taking into account the size, nature and location of the relevant production plant, it is reasonable to expect that application of the first paragraph will accelerate its decision to a significant degree or otherwise likely to be used in the future significant benefits have been associated; or
b. is met by virtue of Article 9e, sixth paragraph , for that province laid bare minimum realisable.
1 A wind farm with a capacity of not less than 5 MW shall be considered for the purposes of the Impeded Private Law as public works of general utility.
2 Article 20, 2nd paragraph, of Book 5 of the Civil Code shall apply mutatis mutandis to public works of general utility that are intended to be applied under an obligation of tolerance as intended Article 1 of the Impeded Private Law Act are constructed, maintained, modified or moved.
1 A producer supplying electricity with a direct line to electricity consumers shall report to the Consumer and Market Authority as soon as possible after deployment of a direct line:
a. Its name and address;
b. A global description of the direct line;
c. An indication of the location where the direct line is located.
2 The manufacturer shall report a significant change in relation to an earlier notification as soon as possible following the passage of the relevant amendment to the Consumer and Market Authority. In any case, a significant change shall mean a change in the number of members on the direct line, a change of the owner of the direct line or a change to the possible connection to a network.
1 The rural high voltage network comprises networks intended for the transmission of electricity at a voltage of 110 kV or higher and which are engaged as such and cross-border networks with alternating current power.
2 Our Minister, upon request, designates an unnamed company or a private company for ten years as a network operator of the rural high voltage grid. The request shall be accompanied by a decision by the Consumer and Market Authority which shows that compliance with or under the terms of the Regulation is satisfied. Article 10a, fourth paragraph , and 10b .
3 The Consumer and Market Authority decides upon request of the person who wishes to be designated as a network manager of the national high voltage network or as a result of a situation, as referred to in the eighth paragraph, or is satisfied with the provision of or Under Article 10a, fourth paragraph , and 10b .
4 The Consumer and Market Authority shall take the decision referred to in paragraph 3, in accordance with the procedure laid down in Article 10, fifth and sixth paragraph, of the Directive and Article 3 of Regulation 714/2009.
5 The European Commission may require from a producer, a supplier or the network manager of the national high voltage supply network the information and information it needs for the implementation of Article 10 of the Directive.
6 The person to whom a request is made to provide information and information as referred to in paragraph 5 shall be obliged to provide, within a reasonable period of time, by the European Commission, any cooperation which it may reasonably be able to obtain. in the exercise of its powers.
7 The Network Manager of the Rural High Voltage Network shall report to the Consumer and Market Authority conditions which may give rise to the revision of the decision referred to in the third paragraph.
8 The Consumer and Market Authority may amend or withdraw the decision referred to in the third paragraph:
a. following a notification as referred to in the seventh paragraph;
b. as a result of changed circumstances;
c. at the request of the European Commission.
9 The person belonging to a network other than the national high voltage network or a national cross border network shall appoint one or more public or private companies as netmanager for the management of that network.
10 A designation as referred to in the ninth paragraph shall apply for a period of ten years from the date on which our Minister gave its assent to the designation on the basis of Article 12, second paragraph .
1 Article 10, second to eighth paragraphs , shall apply mutatis mutandis to the designation of an interconnector operator, except that by way of derogation from Article 10, second paragraph, the interconnector operator need not be a public limited liability company or a private limited liability company.
2 Article 14, first to third paragraphs , shall apply mutatis mutandis, except that by way of derogation from Article 14, first paragraph, the interconnector manager may not be a public limited liability company or a private company.
3 For an interconnector administrator, only the Articles 16, first paragraph, part a, b, j, k and l, second member, part g, k and m and fifteenth member , 24 , 26a, 1st Member , 31a , 51 , 52 and 79 applicable mutatis mutandis.
4 On the basis of Article 36 or 37 conditions laid down shall be applicable in so far as this is specified in the conditions. With respect to these conditions, Articles 32 mutatis mutandis, except that 'network operator of the rural high voltage grid' shall be read 'interconnector manager', and shall be part of the joint network operators in that case as intended in the Articles 33 and 34 .
5 If the network operator of the rural high voltage network has been designated as an interconnector operator, by derogation from the second to the fourth member, the update of the 1998 Electricity Act for the Network Manager of the Rural area High voltage grid provisions applicable mutatis mutandis, it being understood that the rural high voltage network and the relevant land cross-border network can be regarded as a single net for the purpose of establishing the tariffs.
6 If a person from a third country controls an owner of a national cross-border network or an interconnector operator, the Authority decides and Market in the decision, intended in Article 10, third paragraph , upon request and in accordance with the procedure laid down in Article 11 of the Directive, or in compliance with the requirements of Article 11, third paragraph, of the Directive.
7 In the case of a general management measure, detailed rules for interconnector operators shall be laid down for the implementation of Article 9 of the Directive.
1 The net operator, with the exception of the network manager of the rural high voltage network, has the economic ownership of the network managed by the network manager.
2 On the occasion of a designation as intended Article 10, ninth paragraph , where necessary, transfer of economic ownership to the designated network operator shall be carried out.
3 The transfer shall be carried out against the operation of a counterpart whose value does not exceed the proceeds from the operation of the network, as it may be derived from the general accounting principles of the rates for grid management established by the Consumer and Market Authority during the five-year period set in the above five-year period. This counterpart may consist of both a periodic benefit and a cash lump sum.
4 The network manager of the rural high voltage network or one to the group referred to in Article 24b of Book 2 of the Civil Code of which the network manager of the rural high voltage network is part of the ownership of the national high voltage network.
1 A network administrator is not part of a group as referred to in Article 24b of Book 2 of the Civil Code which also belongs to a legal person or company which produces or supplies electricity in the Netherlands or acts therein.
2 Legal persons and companies forming part of a group as referred to in Article 24b of Book 2 of the Civil Code which also belongs to a legal person or company that produces or supplies electricity in the Netherlands or acts therein, does not hold shares in a network manager or in a legal person which is part of a group to which a network operator is also Do not participate in a company that is part of a group to which a network operator also belongs.
3 A network manager and group associated with the network manager as referred to in Article 24b of Book 2 of the Civil Code :
a. Do not hold shares in a legal person producing or supplying electricity in the Netherlands or acting in the Netherlands or in a legal person which is part of a group to which also a legal person who produces electricity in the Netherlands or provides or acts therein;
(b) do not take part in a company which produces or supplies electricity in the Netherlands or acts therein or in a company which is part of a group to which also a legal person or company belonging to the Netherlands is electricity produces or supplies or acts therein.
4 In addition to the first to and including the third paragraph:
a. does not form the network manager of the national high voltage network as intended for the purpose of Article 24b of Book 2 of the Civil Code which also belongs to a legal person or company producing or supplying gas or acting therein;
b. does not form the network manager of the national high voltage network as intended for the purpose of Article 24b of Book 2 of the Civil Code to which a legal person or company belongs to those activities as referred to in the first paragraph or part a of the Netherlands;
c. does not control the network manager of the national high voltage network directly or indirectly over a producer, a supplier, a producer of gas or a supplier of gas.
5 In the case of a general management measure, detailed rules shall be laid down for the implementation of Article 9 of the Directive.
1 A producer, supplier or trader is not designated as a network operator.
2 The statutes of the network manager, other than the network manager of the national high voltage network, shall in any event contain:
(a) the establishment of a supervisory board;
(b) the provision that the members of the board and the majority of the members of the supervisory board have no direct or indirect connection to a producer, a supplier or a trader;
c. by way of derogation from Article 129, third paragraph , or Article 239, third paragraph, of Book 2 of the Civil Code , the provision that the approval of the supervisory board is at least subject to the decisions of the management of the legal person, intended to be Article 164, first paragraph , or Article 274, First paragraph, of Book 2 of the Civil Code ;
d. the provision that the shareholders establish the framework for the remuneration policies of the directors;
(e) the provision that the annual profit is booked and paid out with the consent of the shareholders and with due regard for the performance of the duties and duties assigned to the network manager for the operation of the net works by law. to have, renew, maintain and expand.
3 If a network operator, other than the network manager of the rural high voltage network, is a dependent society within the meaning of Article 152 or Article 262 of Book 2 of the Civil Code , by way of derogation from paragraph 2 (a), the statutes of such a network administrator do not need to provide for the establishment of a supervisory board.
4 In the case referred to in the third paragraph:
a. satisfies a legal person whose network operator is a dependent carrier of the requirements set out in paragraph 2 (a) and (b) of the second paragraph;
(b) has the supervisory board of the legal person referred to in subparagraph (a) of which the network administrator is a dependent company on the powers referred to in paragraph 2 (c) with respect to the management of the network operator.
1 The Articles 155a , 158 to 161a and 164 or 265a , 268 to 271a and 274 of Book 2 of the Civil Code shall apply to the company designated for the management of the national high voltage network and its statutes shall be set up accordingly.
2 It is not permissible for the company designated for the management of the national high voltage system to change its statutes other than after the amendment has been granted by Our Minister for approval. Our Minister refuses approval if the statutes after the amendment are not in accordance with this article.
3 The members of the board and the majority of the members of the supervisory board of the company designated for the management of the rural high voltage network shall have no direct or indirect connection with a legal person who is the production, the purchase or supply of gas or electricity or with a shareholder of that legal person.
4 [ Red: Expated.]
5 If the company designated for the management of the rural high voltage network is a dependent society within the meaning of Article 152 or Article 262 of Book 2 of the Civil Code the first paragraph shall not apply.
6 In the case referred to in the fifth paragraph:
a. satisfies a legal person whose network manager of the rural high voltage network is a dependent carrier of the requirements set out in paragraphs 1 to 4 of the first to fourth paragraph;
(b) has the supervisory board of the legal person referred to in subparagraph (a) of which the network manager of the national high voltage network is a dependent company on the powers of approval of the decisions of the Board of Governors of the network operator of the rural high voltage grid, intended in Article 164, first paragraph , or Article 274, First paragraph, of Book 2 of the Civil Code .
1 Network manager who is part of a group as intended Article 24b of Book 2 of the Civil Code adopt a regulation laying down rules designed to prevent discrimination in the exercise of its functions and powers under this law. In any event, the rules of procedure shall contain rules on the behaviour of workers whose purpose is to prevent discrimination as referred to in the preceding sentence.
2 The Network Manager shall ensure that each employee is bound by the Regulation and shall ensure that the Regulation is complied with rigorously.
3 The Network Manager shall draw up an annual report on the manner in which the rules of procedure have been implemented and what measures have been taken in that framework. It shall send the report to the Consumer and Market Authority and shall arrange for its publication in an appropriate manner.
1 The network operator, other than the network manager of the national high voltage network, shall report to our Minister without delay after his indication of his name and address and the name and address of his shareholders, and shall send to our Minister a description of the just that will be managed by him. At least once a year, he shall report to our Minister any change to the names or addresses and shall send him a description of the change of the net managed by him.
2 The designation need the consent of Our Minister. Our Minister shall abstain or be able to agree to the assent if the agreement is not fulfilled. Articles 10a , 10b , 11 , 11a or 11b or if the designated network operator will not be able to comply with an obligation as specified in the Articles 16Aa , 18a or 78 to be compliant, a task as specified in Article 16, first or second paragraph , or 16a , to be implemented or to be prohibited as referred to in Articles 17 , 17a or 18 After living.
3 If our Minister commits to his consent, the latter shall only seek to remove the shortcomings identified in the second paragraph.
1 If designating a network administrator as intended Article 10, ninth paragraph , not taken within four weeks of the construction of a previous designation, or without delay after the construction of a network, or if there is a net for which no network manager has been chosen or the consent of Our The Minister with a designation is absent, Our Minister may designate a network manager of that network through the designation of a public limited or private company.
2 If Our Minister finds that the fulfilment of the Articles 10a , 10b , 11 , 11a or 11b or that a network operator is or will not be able to comply with an obligation as specified in the Articles 16Aa , 18a or 78 to be compliant, to be a task as specified in Article 16 or 16a to perform or if he Article 17 , 17a or 18 he shall be able to bear the relevant network administrator by making it necessary for such equipment to be adopted.
3 If the network operator fails to comply with a contract as referred to in paragraph 2 if it finds that contracts are intended to be Article 13a, first paragraph , are not carried out, or if, in the opinion of our Minister, the management of this network administrator endangering the continuity or reliability of the electricity supply to customers and, without delay, necessary action Our Minister can:
Declare the designation of the relevant network administrator and no later than the day on which that designation ceases to be a different public limited liability company or a private company as a network manager; or
b. Article 13a Apply.
4 In a decision referred to in paragraph 3 (a), the Minister shall prescribe the period of expiry of that designation and shall give the opportunity to the person appointed by the Network Manager, referred to in the introductory part of the third paragraph, to the a period to be determined by our Minister to nominate another network manager to him for designation. Our Minister can extend this term once.
5 Our Minister may, for the period until a decision as referred to in paragraph 3 (a) enters into force, Article 13a Apply.
6 At the latest on the day of the entry into force of a decision of our Minister, the Network Manager or, if applicable, the person to whom a net belongs, shall transfer the economic ownership of the network to the appointed new person. network administrator. The person who has appointed the net manager referred to in the introductory sentence of paragraph 3 shall, to the extent necessary, assist in such action.
7 The transfer of economic ownership, as referred to in paragraph 6, shall be carried out against the provision of a counterpart whose value has been fixed at the latest by the day referred to in that paragraph and which represents, at most, the yield of the value of the goods. (i) operation of the network, as it can be derived from the general accounting principles, from the rates laid down by the Consumer and Consumer Authority during the five-year period preceding that in which it is based. network management. This counterpart may consist of both a periodic benefit and a cash lump sum.
8 If the compensation referred to in paragraph 7 cannot be deduced from the rates fixed, the consideration may be fixed in accordance with rules to be laid down by a general measure of management.
9 The determination of the consideration referred to in paragraph 7 and paragraph 8 shall confer on the person transferring the economic property of the net and the person taking over the property, where necessary, to assist the person who owns the economic property.
10 Our Minister is empowered to impose a charge under administrative constraints in order to enforce the provisions of this Article.
1 Our Minister may tell the Network Manager that he must follow the instructions given to him by a person designated by Our Minister from a certain point of view. In the event of a call, our Minister for the Protection of the importance of the notice will be given. In the event of a call, rules and restrictions may be laid down to the contracts to be given. The designated person shall only provide contracts for the protection of the interest, intended in the second sentence.
2 The network administrator shall provide the person appointed by our Minister, on request, with all cooperation.
3 Our Minister may at any time replace the person appointed by him by another person.
4 The person designated by Our Minister shall exercise his or her jurisdiction over a period of time specified by Our Minister. That period shall not exceed six months in the case of an agreement as referred to in Article 4 (1). Article 13, third paragraph, part b . This period may be extended once for a maximum of six months.
5 For damage caused by acts carried out in violation of a contract as referred to in paragraph 1, directors shall be personally liable to the network administrator.
1 The persons referred to in Article 10, second or ninth member , having regard to a reasonable period of time, the designation as a network operator may be replaced by a designation of another public limited or private company as a network operator.
2 In case of merger, division, decomposition or bankruptcy of the company designated as a network administrator, the designation as a network administrator shall automatically expire and the persons referred to in the second Article 10, second or ninth member , according to the procedure laid down in Article 10, a public limited liability company or a private company as a network operator. This company may be the same as the company designated as a network operator.
3 Those intended in Article 10, second or ninth member , before the end of the period referred to in Article 10, second or tenth member, shall indicate a public limited liability company or a private company as a network operator for the period subsequent to that period. This company may be the same as the company designated as a network operator.
4 The Articles 10 to 13 shall be applicable mutatis mutandis to the designation as a network operator as referred to in the first, second or third paragraphs.
1 The Consumer and Market Authority may, on request, grant a waiver to an owner of a closed distribution system, of the commandment of Article 10, ninth paragraph , if:
a. The business or production process of the users of a closed distribution system is integrated for specific technical or safety reasons; or
b. the closed distribution system transports primary electricity for the owner of that system or the related companies and
c. the applicant is not a network operator and is not connected to a group company with a network manager.
2 The Consumer and Market Authority shall take the decision as soon as possible, but not later than six months after the date of receipt of the application. This period may be extended once for a maximum of six months. The Consumer and Market Authority may be subject to a waiver of rules and restrictions.
3 The Consumer and Market Authority may withdraw a waiver if the person to whom the waiver is granted:
a. No longer meets the conditions referred to in the first paragraph;
b. acts in violation of the rules and restrictions referred to in paragraph 2 and the provisions and restrictions of the fifth to and including the seventh member;
c. has provided incorrect or incomplete information in the application for a waiver and would have provided the provision of correct or complete information to another decision on the application.
4 If a waiver has been granted, only the fifth and sixth paragraphs shall apply to the owner of a closed distribution system.
5 The owner of a closed distribution system manages the closed distribution system.
6 The provisions of or under the Article 16, first paragraph, with the exception of parts h, j and m , 19d , 19th, 1st Member , 23 , 24 , 24b , 26a , 28 , 29 , 31b , 31c , 42, second and third members , 51 , 78 , 79 , 95lb , 95lc and 95m, ninth member , shall apply mutatis mutandis to the owner of a closed distribution system, subject to the following conditions:
a. Article 23, first paragraph , except where there is a customer within the geographical area within which the closed distribution system is situated and this connection is appropriate to the character of the closed distribution system, the following is true.
b. not to the obligations specified in the Article 23, first paragraph , and 24, 1st Member The paragraphs above need to be fulfilled and
c. in the Articles 7 and 78 'owner of a closed distribution system' shall be replaced by the words 'net manager'.
7 The Consumer and Market Authority shall, at the request of a principal on a closed distribution system, approve the method of calculation of the rates.
8 If a request as referred to in paragraph 7 is received, the owner of a closed distribution system shall transfer within three months from the date on which the board of directors has received the owner of a closed distribution system. informed, to the Management Board, information on the calendar year preceding the request relevant to the evaluation of the request, including an allocation of costs and revenues to activities related to the application of the application, construction and management of the closed distribution system in accordance with the actual the use of financial resources or other resources for those activities.
9 A decision as referred to in paragraph 7 shall be taken within six months of receipt of the information referred to in the eighth paragraph by the Governing Board. This period may be extended once for a maximum of six months.
1 The net at sea shall comprise the nets which are intended for the transport of electricity and which connect one or more wind farms to the sea with the national high voltage grid excluding piping and related devices for the purpose of the transport of electricity. Transport of electricity connecting one or more wind farms to the national high voltage grid and for which a permit based on the Law management state waterworks or on the basis of Article 6.5 of the Water Act was granted.
2 What in Chapter 3, Section 1 , and in the Articles 17 , 17a , 19b and 19c The same does not apply to the network manager of the rural high voltage network, nor does the network operator of the net at sea also apply.
1 The netmanager has in the context of managing the nets in it for him under Article 36 or 37 Determined area to task:
(a) to have and maintain the systems which it manages to operate;
(b) ensure the safety and reliability of the networks and the transport of electricity over the networks in the most efficient way;
(c) to establish, restore, renew or extend the nets, taking into account measures in the field of renewable electricity, energy saving and demand control or decentralised electricity generation, the need to replace or increase production capacity;
d. To maintain sufficient spare capacity for the transmission of electricity;
e. on the basis of Article 23 to provide third parties with a connection to the nets;
f. on the basis of Article 24 to carry out the transport of electricity for the benefit of third parties;
g. to promote safety in the use of appliances and plants that consume electricity;
h. at the request of a producer, to determine whether his production facility is suitable for the generation of renewable electricity or whether or not a cogeneration plant with a ministerial arrangement is established Degree of reduction of carbon dioxide emissions or of an installation for high-efficiency cogeneration, as well as whether the device to measure is suitable for the measurement of the electricity generated by the production plant is generated and fed into a network or an installation;
to measure the amount of electricity produced from a production facility for renewable electricity or climate neutral electricity or from an installation for high-efficiency cogeneration;
j. To realize links to other networks and to carry out repairs to his net;
Without prejudice Article 79 , in an appropriate way, to publish data on interconnection between networks, use of networks and allocation of transport capacity;
l. to provide customers with all the information they need for efficient access to the network including their use;
m. to establish provisions in the event of bankruptcy of a supplier of electricity to customers as intended by Article 95a, first paragraph ;
n. to ensure that a customer is used as intended Article 95a, first paragraph , for each connection it has an installed measuring device, unless that customer, as evidenced by the conditions set out in the Annex, is Article 31, first paragraph, parts a or b , has an unmeasured connection;
(o. to ensure the management and maintenance of the goods referred to in a customer as intended; Article 95a, first paragraph , installed measuring device;
p. customers, other than customers, as intended Article 95a, first paragraph , at the request of a measuring device, if requested to be made available;
q. to protect its nets from any outside influences.
2 In addition to the tasks referred to in paragraph 1, the network manager of the national high voltage network shall also be responsible for:
technical provisions to be adopted and system services, including the maintenance of sufficient production capacity necessary to ensure the safe and efficient transport of electricity over all networks;
(b) make use of the technical provisions and system services referred to in point (a) for the benefit of the other network operators;
c. on the basis of Paragraph 7 of this Chapter in respect of third party transport of electricity from the national high voltage grid, for the export of that electricity from the Netherlands to a customer or supplier abroad, or to the importation of electricity from the Netherlands, electricity from abroad to a customer or supplier in the Netherlands;
(d) to establish and maintain an appropriate level of provisions, including the retention of sufficient capacity for production capacity, in relation to short-term and long-term supply security;
e. [ Red: expiring;]
f. if our Minister instructs him to do so, to carry out work for the purpose of the task, Article 4a ;
g. to provide other network operators with the data necessary to ensure reliable and efficient operation, as well as the coherent development and interoperability of the networks. In the case of cross-border links with other Member States of the European Union or with non-Member States, the network manager of the national high voltage network with the relevant network operators in those countries shall, in accordance with the requirements of the Minimum operational requirements as set out in Article 31, 11th paragraph , in a timely and effective manner, data on the operation of land transboundary networks;
h. cooperate with foreign institutions entrusted pursuant to national law with the management of a transmission system as referred to in Article 2 (4) of the Directive in geographical areas as referred to in Article 12; third member, of Regulation 714/2009 in order to establish a competitive internal market for electricity;
i. shall have one or more integrated systems in geographical areas as referred to in Article 12, third paragraph, of Regulation 714/2009 to which two or more Member States cooperate in the allocation of capacity and for the control of the security of the network;
j. the collection of congestion charges and payments under the compensation mechanism in accordance with Article 13 of Regulation 714/2009;
Without prejudice Article 79, first paragraph , the disclosure of information necessary for effective competition and efficient operation of the market;
(l) to carry out the tasks resulting from Regulation 714/2009;
m. cooperate with the Agency;
n. linking the net to the sea with the rural high voltage grid.
3 It is not the responsibility of the relevant network manager to perform a task as referred to in the first or second paragraph, except in so far as it concerns the connection of a customer's connection to it as intended for the purpose of Article 16c , the creation of a national cross-border network, or the creation, management and maintenance of a network as referred to in Article 15, first paragraph , or in order to implement a procedure as referred to in Article 20, third paragraph .
4 Producers, suppliers and traders shall refrain from interfering in the performance of the tasks entrusted to a network administrator under the first or second Member States.
5 [ Red: Expated.]
6 If a network operator buys energy for the execution of its statutory tasks, it shall do so on the basis of a transparent, non-discriminatory and market-based procedure.
7 A decision referred to in paragraph 2 (f) shall be published in the Official Gazette.
8 In the case of a general measure of management, rules shall be laid down for the performance of the task referred to in the first paragraph. Those rules shall relate to the manner in which the network operator of the rural high voltage network and, on the other hand, producers, suppliers, traders and customers behave towards each other in connection with the performance of the task, Referred to in paragraph 2 (d).
9 The Consumer and Market Authority shall deliver an opinion on the draft general measure of management referred to in the eighth paragraph. The nomination for a general measure of directors to be adopted pursuant to this Article shall not be made after the design has been published in the Official Journal and shall be given to any person concerned within four weeks of the day on which the draft the announcement is made, wishes and concerns of our Minister to bring. At the same time as the publication, the draft shall be submitted to the two Chambers of the States-General.
10 The provisions of the second paragraph of paragraph d of the second subparagraph of paragraph 2 include the maintenance of spare capacity available for the transport of electricity, which is sufficiently large for the purpose of implementing the provisions of the second paragraph of Article 8 (2). ensure operational network security and cooperate with network operators with which it has a land cross-border network.
11 A decision to establish a national cross-border network by the network manager of the rural high voltage network or by another as referred to in paragraph 6 shall not be taken in close cooperation with the network operators in the Member States of the Member State concerned. other countries with which a land cross-border network is established and other relevant network operators.
12 If the network operator of the rural high voltage grid has the necessary eight provisions as referred to in Article 16, second paragraph, part d In order to ensure the long-term supply security, it shall provide the Consumer and Consumer Authority with an overview of the measures to be taken and the impact of these measures on customers and on the functioning of the market. The Consumer and Market Authority shall forward the summary of its opinion to our Minister. The measures need the approval of our Minister.
13 Our Minister shall give his approval not earlier than four weeks after the report and the opinion referred to in the thirteenth paragraph has been submitted to both Chambers of the States General.
14 Where the network operator of the national high voltage network participates in a joint venture, including a vertically integrated foreign institution entrusted with the management of a national law pursuant to national law the transmission system referred to in Article 2 (4) of the Directive shall take part, the network operator of the rural high voltage network shall ensure that the Joint Undertaking designs a compliance programme, by the Agency adopt and implement with measures to be taken to exclude discriminatory and anti-competitive behaviour.
15 Prior to the use of congestion management procedures for national cross-border networks, the network manager of the rural high voltage network shall submit these procedures to the Consumer and Market Authority.
16 The first paragraph, points (a) to (l) and (q) shall apply mutatis mutandis to the network operator of the net at sea.
1 A network operator shall carry out the work in order to carry out the tasks referred to in Article 16, first and second paragraphs , in its own management, or together with one or more other network operators.
2 By way of derogation from the first paragraph, the following may be subcontracted:
a. actual work related to the construction, maintenance and repair of the network;
b. inspections of networks for safety purposes;
c. research and development work for the purposes of the construction, maintenance and repair of the network;
d. the works for the implementation of Article 16, first paragraph, parts n, o and p, and the second paragraph, part e .
3 Where the subcontracting of activities as referred to in the second paragraph is used:
a. The Network Manager shall retain responsibility for the complete and proper execution of the relevant tasks;
b. shall ensure that the Network Manager ensures that the rules adopted pursuant to Article 11b, first paragraph , have been made with regard to the prevention of discrimination in the performance of his/her duties and powers, mutatis mutandis in carrying out the outsourced work and
c. ensure that the network operator ensures that the contract of subcontracting lays down the manner in which the costs of the work in question are calculated.
4 In the case of a ministerial arrangement, detailed rules may be laid down in respect of the third paragraph, parts a, b and c.
1 It is not the responsibility of the relevant network operator to perform a task as referred to in the Article 16, first or second paragraph , except as far as the measurement of electricity referred to in Article 16 (1) is concerned, first paragraph. The preceding sentence shall not apply to an interconnector operator for the tasks referred to in Article 16, first paragraph, part a, b, j, k and l and second member, and part g and k.
2 The person other than a network operator who, in the case of a customer, carries out the measurement of the net, consumed or raised and made available on the grid of electricity, shall communicate the measurement data obtained to the customer concerned and to the customer concerned. network administrator on whose net the customer is connected.
3 The network manager shall communicate the measurement data referred to in the second paragraph and in Article 16, first paragraph, part 1 , please join our Minister, as well as to the respective buyer to the extent that it has not yet made the decision on that information.
1 By way of derogation from Article 16, first paragraph, part e , a customer wishing to connect to the net with a connection value larger than 10 MVA, with the exception of a connection to the net at sea, may issue a public tender of the closure proceedings.
2 A customer referred to in paragraph 1 shall be treated in the same way as an organisational unit, principally engaged in public transport by rail, tram, or trolley, with mining operations, with the management and operation of telecommunications and cable networks, with the management of public lighting or traffic control installations, or sewerage, bemating, water treatment or transport and distribution of water which, due to the technical nature of the Member States, The business is equipped with several connectors.
3 The undertaking carrying out the activities referred to in paragraph 1 shall at least have sufficient knowledge, expertise and experience in order to achieve a connection to the network.
4 The customer who makes the application referred to in paragraph 1 shall request the network administrator who manages the network to agree to the realisation of a connection as referred to in the first paragraph. The Network Manager shall only abstain if, by granting the requested agreement, the reliability of the network which it manages cannot be guaranteed longer.
5 This Article shall apply mutatis mutandis to the modification, maintenance and removal of a connection as referred to in the first or second paragraph.
1 A network operator shall establish a contingency plan every five years and shall send it to our Minister for approval.
2 In the case of ministerial arrangements, further requirements shall be laid down for the contingency plan.
3 Our Minister assesses whether the Disaster Plan meets the requirements, referred to in the second paragraph, and may ask the Network Manager to adjust the calamity plan.
Our Minister may give a network administrator a clue as part of the protection of the nets against any potential influence from outside, intended Article 16, first paragraph, part q .
1 Our Minister proposes a framework for the development of wind energy at sea. In each case, the development framework shall include:
a. Location of one or more wind farms;
b. the estimated time of deployment of each wind farm;
c. the expected lifespan of wind farms;
d. the maximum power of each wind farm;
e. the minimum transport capacity for each wind farm;
f. The mode of electrical declosure of each wind farm;
g. the intended date of delivery of parts of the net at sea;
h. Future developments in wind energy at sea taking into account in the electrical declosure.
2 Our Minister may amend or supplement the development framework.
3 The net offshore network manager is working out the development framework in the document, intended Article 21, second paragraph , and carries out its tasks in accordance with the development framework.
1 A producer shall be entitled to compensation for damage caused by the network operator of the net at sea, if:
a. This network administrator, for the declosure of the wind farm, produces part of the grid at sea entirely or in part later than in the development framework, intended in Article 16th, first paragraph , it is included and it is not able to allow the producer to transport electricity in whole or in part, or
b. the amount of electricity that cannot be transported over the grid at sea in a calendar year is greater than the amount of electricity that cannot be transported due to average for the grid at sea reasonably necessary maintain maintenance and allow the manufacturer to transfer electricity in whole or in part without electricity.
2 The compensation for the damage consists of consequenc damage and the damage caused by lost or deferred revenue.
3 A producer shall ensure that the damage is limited as far as possible.
4 In the case of or under general management measures, detailed rules on the right to compensation referred to in paragraph 1 and the components of the compensation referred to in paragraph 2 shall be laid down.
5 The nomination for a general measure of management to be adopted under the fourth paragraph shall not be more than four weeks after the draft has been submitted to both Chambers of the States General.
1 It is the net administrator, other than the network manager of the national high voltage network or a legal person in which the network operator has an investee as intended in Article 24c of Book 2 of the Civil Code , non-authorized goods or services to which they enter into competition, except as regards the provision of:
a. the performance of the tasks specified in: Article 16, first or second paragraph , or 16a , for itself, for other network operators, or for others who have a right of use of a net;
b. the construction, management or maintenance of pipes outside of buildings for the transport of gas;
(c) the making available and holding of nets for the purpose of the use of related matters by third parties;
Execution of works, intended to be carried out in accordance with Article 16c, first and fifth paragraphs .
2 If a network operator, other than the network manager of the rural high voltage network, is part of a group as intended for Article 24b of Book 2 of the Civil Code , this group is not allowed to conduct acts or activities that may conflict with the importance of the management of the relevant network.
3 Under the acts and activities referred to in paragraph 2, the following definitions shall be understood as:
a. operations and activities which do not relate to or relate to any infrastructure or related activities in any way,
(b) the provision of collateral by the Network Manager for the financing of activities of legal persons or companies or companies belonging to the group; and
(c) be held liable by the network manager for the debts of legal persons or companies belonging to the group;
unless provision of collateral or liability for liabilities by the network administrator:
1 °. for the purposes of operations or activities which the network operator may itself be allowed to perform,
2 °. otherwise related to the network management or
3 °. to comply with conditions relating to the application of legal provisions.
4 The statutes of the legal entities associated with a network operator, other than the network manager of the national high voltage network, in a group, require the approval of our Minister in so far as it relates to the objectives set out therein of those legal persons.
1 It is the network manager of the national high voltage network or a legal person in which the network operator has an investee as referred to in Article 24c, of Book 2 of the Civil Code , non-authorized goods or services to which they enter into competition, except as regards the provision of:
a. the performance of the tasks specified in: Article 16, first or second paragraph , or 16a for themselves, for other network operators, or for others who have a right of use on a net,
b. the construction, management or maintenance of pipes outside of buildings for the transport of gas or
(c) the making available and holding of nets for the purpose of the use of related matters by third parties;
Execution of works, intended to be carried out in accordance with Article 16c, first and fifth paragraphs .
2 If the network operator of the rural high voltage network is part of a group as intended for Article 24b of Book 2 of the Civil Code , this group is not allowed to conduct acts or activities that could conflict with the importance of the management of the rural high voltage grid.
3 The statutes of the legal entities associated with the network manager of the national high voltage network in a group need the approval of our Minister in so far as it relates to the objectives of those legal persons.
The Network Manager of the Rural High Voltage Network shall, within six months of the end of each calendar year, provide the Consumer and Market Authority with an overview of the financial resources available to him for the execution of his/her own resources. legal tasks, showing the financial resources available for the individual tasks.
1 If a group company affiliated with the network manager in a group, in the sense of Article 24b of Book 2 of the Civil Code activities carried out by the network manager on the basis of Article 17 or 17a does not itself carry out, the network manager or a legal person in which the network operator has an investee as referred to in Article 17 or 17a may not favour such a group company above others with which such a group company is competition, or otherwise confer advantages that go beyond normal trade.
2 In any case, the following shall be regarded as advantages of a group company as referred to in the first paragraph or in the granting of benefits which go beyond normal trade:
a. The provision of data to a group company on customers other than non-customers as intended by Article 95a, first paragraph , which is a request as referred to in Article 23 or 24 have been done;
b. supply of goods or services to a group company at a fee lower than that reasonably attributable to it; or
(c) permitting the use by a group company of the name and image of the network operator in a manner which would cause confusion to the public regarding the origin of goods or services.
3 The Network Manager shall attach to its annual accounts a statement showing that the financial relationship between the network operator and the group companies referred to in paragraph 1 complies with the requirements of the first paragraph. The Network Manager shall submit a copy of its financial statements, the corresponding notes and the declaration attached thereto for each of its offices and send a copy thereof to the Consumer and Market Authority.
1 In the case of or under general management measure, rules may be laid down for the sound financial management of the network operator.
2 The rules referred to in paragraph 1 shall, in any event, keep in that
a. The network manager complies with or fulfils the requirements of that measure with respect to its creditworthiness, including the ratio of debt to total equity, or
b. The Network Manager shall have a statement from an independent expert regarding his creditworthiness.
3 In the measure referred to in paragraph 1,
a. Rules shall be drawn up on the method of calculation of power components;
(b) the requirements relating to the declaration referred to in paragraph 2 (b) and the expert referred to therein.
4 If the network operator does not comply with the rules referred to in the first paragraph:
a. The network administrator shall immediately inform the Consumer Authority and Market Authority thereof in writing;
b. within four weeks of the notification, the Network Manager shall draw up a recovery plan describing how he is going to improve financial management and shall forward it to the Consumer and Market Authority; and
c. does not pay the net manager any dividend to its shareholders.
5 The Consumer and Market Authority may provide guidance to the Network Manager in relation to the improvement of financial management.
1 A network operator shall keep a record of quality indicators relating to the transport of electricity.
2 The Network Manager shall forward to the Authority and Market for 1 March each year a copy of the previous year's registration together with a report showing the changes to the preceding year and the derogations. in relation to the quality level pursued by the network manager, as intended Article 21, second paragraph, point (a) Have been explained. The network operator shall, for the time referred to in the first sentence, also make the reporting public in an appropriate manner.
3 The network manager shall keep the registration at least 10 years.
4 The Consumer and Market Authority may investigate the soundness of the registration, in particular but not exclusively by performing or performing measurements in the network administrator's network. The network administrator shall be responsible for the measurements being made in the net.
5 In the case of ministerial regulations, rules shall be laid down:
a. the content of the registration and the manner of registration;
b. The quality indicators included in the registration;
c. the reporting.
6 The ministerial arrangement referred to in paragraph 5 may, for the purpose of monitoring compliance with this Article, also include a certificate of conformity issued by an accredited institution to a network operator to the provision of a certificate of conformity to the system of certification of the requirements of the in the case of or pursuant to this Article, it is presumed that the network operator shall, in accordance with the provisions of this Article, give effect to the obligation to register.
1 The net operator, with the exception of the network manager of the 'Rural High Voltage Network' shall, within six months of the end of each calendar year, submit to the Consumer and Market Authority:
a summary of the contracts which it has concluded with regard to the provision of services for the purposes of network management, together with copies of those contracts, provided that the Authority does not already have such contracts;
b. an overview of the number of persons employed by the Network Manager for the implementation of the Article 16 and 16a said tasks,
c. an overview of investments in the net realised in the previous year,
d. an overview of the financial resources available to him for the execution of his legal tasks, which demonstrates the financial resources available for the individual tasks; and
e. a statement from an independent expert on the statement referred to in subparagraph (d).
2 In the case of a ministerial arrangement, rules may be laid down concerning the statements referred to in paragraphs 1 to d of the first paragraph, and the declaration referred to in paragraph 1 (e).
The network operator, with the exception of the network operator of the rural high voltage network, shall ensure that customers who are connected to the network receive an overview of the one-off costs associated with that connection. and understandable are specified.
1 A network operator provides a transparent, simple and inexpensive procedure for handling customer complaints as intended. Article 95a, first paragraph -I'm talking about the grid management.
2 The procedure referred to in the first paragraph shall also provide that:
(a) the treatment of the complaint is carried out by a person who has not been involved in the conduct to which the complaint relates,
(b) the complainant shall be informed in writing and in a written statement of the findings of the complaint and of the conclusions attached thereto; and
The complaint shall be dealt with as soon as possible but at the latest within eight weeks.
1 A network operator shall ensure that interruptions to the transport of electricity by customers can be easily reported by customers, whether or not in conjunction with one or more other network operators, and makes known to customers in what way. These reports may be reported.
2 A network operator shall register, with or without one or more other network operators, the reported interruptions, the date and time of commencement of the interruptions, the duration of the interruptions, the location, nature and cause of the breaks breaks as well as the number of customers affected.
3 A network operator shall, with or without association with other network operators, publicly disclose the current status of registered breaks in its network, indicating the date and time of the beginning of the period of commencement of the operation. breaks, duration of interruptions, location, nature and cause of interruptions as well as the number of affected customers.
1 A net that is or is being constructed, repaired, renewed or extended into it for him on the ground of Article 36 or 37 established area, shall be used for the purposes of application of the Obstructionlaw Regulations and the Private Law impedimenting law be identified as public works of general utility.
2 In the case of a general measure of management, rules may be laid down in respect of areas to be referred to, considering how, having regard to the importance of a reliable, sustainable, efficient and environmentally sound functioning, energy management, a trade-off with regard to the construction of a network and the construction of a gas transport network or a hot set of hotrolled coils.
3 In the case of a general measure of management, provision may be made for the creation of a network only as a result of a public procedure in which candidates may submit tenders in a contract to be awarded for the construction of a network, a gas transport network or heat set.
1 The procedure referred to in Article 3.35, first paragraph, introductory wording and section c, of the Spatial Planning Act , is applicable to an extension of the rural high voltage network as far as it is concerned:
a. The nets forming part of the net are intended for the transmission of electricity at a voltage of 220 kV or higher and which are conducted as such, including the connections to those networks;
b. Land transboundary networks of that network at a voltage level of 500 V or more, including the connections to those networks; or
(c) the construction or extension of a cross-border network including connections to a network of such a network, and a project for electricity included in the Union list of projects of common interest, as referred to in Article 3 (2) of the EC Treaty. 3, fourth paragraph, Regulation (EU) No 3241/ Decision No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for the trans-European energy infrastructure and repealing Decision No Regulation (EC) No 1364 /2006/EC and amending Regulations (EC) No 1364 /2006/EC No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (PbEU 2013, L 115).
2 The manager of the network referred to in paragraph 1 shall report an extension to an extension of a network to which the first paragraph shall apply as soon as possible in writing to our Minister. In the case of ministerial arrangements, a form may be drawn up for the notification and the information to be provided in that provision.
3 If, taken into account, the size, nature and location of a network as referred to in paragraph 1, and the number of decisions necessary for the construction or extension of that network, do not reasonably expect to apply the procedure, intended in the first paragraph, will accelerate decision making to a significant degree or otherwise have significant advantages to it, our Minister may provide that:
a. none of the procedures specified in Article 3.35, first paragraph ,
b. Only the procedure specified in Article 3.35, first paragraph, introductory wording and part a ,
c. only the procedure specified in Article 3.35, first paragraph, introductory wording and part b , or
d. the procedure specified in Article 3.35, first paragraph, introductory wording and part a , followed by the procedure referred to in Article 3.35, first paragraph, introductory wording and part b, of the Spatial Planning Act, apply or is on the extension of that net. Our Minister should tell the administrator of the network and the governing bodies concerned about an intention to apply to the power, intended in the first sentence.
1 Our Minister is the appointed minister, intended in Article 3.35, second and third paragraphs, of the Spatial Planning Act .
2 If application is given to Article 3.28, fourth paragraph, of the Spatial Planning Act By way of derogation from that article, our Minister and our Minister of Infrastructure and the Environment shall act jointly in the place of mayor and aldermen as regards the powers and obligations referred to in that Article.
3 Our Minister, in agreement with the Council of Ministers, may stipulate that our Minister and our Minister shall, by way of agreement, apply mutatis mutandis Article 3.35, third paragraph, fourth sentence, of the Spatial Planning Act , take one or more decisions necessary for a designated extension of the network, which is intended to be Article 20a, first paragraph .
1 In the case of, or under general management, decisions are to be designated for the extension of the network referred to in Article 2 (1) of the Article 20a, first paragraph , in any event, acts as intended Article 3.35, first paragraph, part b, of the Spatial Planning Act are.
2 Our Minister may for the benefit of an extension of the net, intended in Article 20a, first paragraph , take one or more decisions other than those designated by or pursuant to paragraph 1, as acts referred to in the Article 3.35, first paragraph, part b, of the Spatial Planning Act .
3 Our Minister may, if a decision designated by or pursuant to paragraph 1, aim to apply the procedure, Article 20a, first paragraph , would impede or severely impede, provide that the decision concerned, by way of derogation from the general measure of management referred to in the first paragraph, shall not act as a decision in the Article 3.35, first paragraph, part b, of the Spatial Planning Act shall be considered.
The Articles 20a to 20c shall apply mutatis mutandis to the construction or extension of the net at sea, except that our Minister shall not be subject to a plan of entry into force Article 3.28 of the Spatial Planning Act establish for the area located on the sea side of municipal borders or provincial borders.
1 The Consumer and Market Authority charges the cost of an investment on the basis of Article 3.28 of the Spatial Planning Act an entry plan has been adopted or project decision has been taken, in the rates.
2 The Consumer and Market Authority by far the cost of investment for the declosure of wind farms included in a structure vision as defined by the Authority Article 2.3 of the Spatial Planning Act -In the fares.
3 The Consumer and Market Authority has the cost of investment in the implementation of the development framework, Article 16th, first paragraph , in the permitted income of the grid operator of the net at sea.
1 A network operator shall report any intention to make a special investment in the construction or extension of the network to which the procedure, referred to in Article 2 (2), is to be Article 3.28 of the Spatial Planning Act , does not apply as soon as possible in writing to the Consumer and Market Authority or, if it concerns the network operator of the rural high voltage network, also to Our Minister. Under ministerial arrangements, rules may be laid down regarding the notification.
2 The Consumer and Market Authority decides within 13 weeks after the notification has been made, or an investment as referred to in the first paragraph of a network manager is not necessary for the network manager of the rural high voltage network.
3 Our Minister decides whether an investment as referred to in the first member of the network manager of the rural high voltage system is necessary, having regard to the importance of a sustainable, reliable and efficient energy supply. Before a decision is taken by our Minister, the Authority shall deliver its opinion on the decision to be taken within four weeks of the notification being made. If the investment is not included in a structure vision as referred to in Article 2.3 of the Spatial Planning Act Our Minister will not hold the decision sooner than after two weeks after the draft and the relative opinion delivered to both Chambers of the States-General.
4 The Consumer and Market Authority, by far, has the cost of an investment, the need for which is determined on the basis of the second or third paragraphs, in the rates.
The Board of Directors of the Competition Authority shall adopt a policy rule on the assessment of effectiveness, as set out in the Articles 20d and 20th, 4th Member .
1 A network operator shall have an effective system for controlling the quality of its transport service and an adequate capacity for the transport of electricity in order to meet the overall requirement.
2 The Network Manager shall submit a document to the Consumer and Market Authority for the year in which he shall:
a. indicates the level of quality he pursues,
(b) assuming that it has an effective quality management system for his transport service;
c. makes it plausible that it has sufficient capacity to meet the overall requirement for the transport of electricity;
d. indicates the capacity bottleneds in the networks it manages and what measures it will take to lift them,
e. indicates the investments that he will make to raise the capacity bottleneed;
(f) indicate the investments he will make to replace and extend the nets it manages,
g. indicates the investments necessary for the declosure of wind farms included in a structural vision as intended in Article 2.3 of the Spatial Planning Act ,
h. identifies the investments required to implement the development framework, as referred to in Article 16th, first paragraph ,
indicate the time limits for which he will make the abovementioned investments;
(j) indicate the investments necessary to extend the network to meet the overall requirement for the transport of electricity; and
k. It can be assumed that he has reconciled the overall requirement for the transport of electricity with the network operators of the nets adjacent to the grid.
3 By ministerial arrangement rules, which may vary by voltage level or by type of net, are set about:
a. The requirements of the quality control system;
(b) the information to be provided on the quality of the quality sought and the quality management system;
c. the method of estimating the total capacity requirements for the transmission of electricity;
(d) the information to be provided on the total need for electricity transmission capacity and the way in which the network operator intends to meet the total capacity requirements for the transmission of electricity;
(e) investments relating to a network;
f. the period of time for which the document or components are related.
4 The network administrator shall make the document public in an appropriate manner.
5 By ministerial arrangement, provision may be made for a certificate of conformity to or pursuant to this Article to be issued by an accredited institution to a network manager for the purpose of monitoring compliance with this Article indicates that the network operator shall have a quality control system and shall give its execution in accordance with the provisions of this Article or in accordance with the provisions of this Article.
6 The Network Manager of the Rural High Voltage Network shall, in the document referred to in the second paragraph, indicate in each case what performance in the field of delivery quality and operational network security he pursues.
7 The objectives referred to in the sixth paragraph shall be objective, transparent and non-discriminatory.
8 The Consumer and Market Authority gives approval to the document referred to in the second paragraph in so far as it concerns the performance of the network manager of the rural high voltage network with regard to the quality of delivery and the quality of the service. operational network security, if the Authority's view of the Consumer and Market Authority shows that this network operator can provide adequate and effective provision for the objectives that it has set.
9 The Network Manager shall act according to its intentions in the document referred to in paragraph 2 and shall report to the Consumer and Market Authority if it has deviated from it.
10 The second paragraph, points (a) to (e) and (g), shall not apply to the network operator of the net at sea.
11 The second paragraph, part h, shall not apply to a network operator, other than the network operator of the net at sea.
1 If, in the opinion of the Consumer and Market Authority, of the statements referred to in Article 19b or from the document referred to in Article 21 , or otherwise, it appears that a network operator may or will not be able to or will be able to provide, in an inadequate manner or in an inefficient manner, the level of quality of his transport service or in the total capacity needed for the network. the transport of electricity over the networks it manages, after consultation with the network operator of the national high voltage network and the network manager of the network in question to our Minister.
2 After receiving a notification, our Minister may make provision to the relevant network administrator to ensure that the transport of electricity is carried out to a sufficient degree or in an efficient manner.
3 Our Minister is empowered to impose a charge under administrative constraints in order to enforce the contract referred to in the second paragraph.
1 The network operator is obliged to the person who so requests to provide a connection to the network managed by him at a rate and against any other conditions which are in accordance with the requirements of the paragraphs 5 and 6 of this chapter . The network operator shall provide the person requesting a connection to the network with a detailed and complete statement of the activities to be carried out and the costs of the transactions to be calculated, in accordance with the procedures laid down in the Annex. Article 28, first paragraph .
2 The network manager shall refrain from any discrimination between those against whom the obligation referred to in paragraph 1 applies.
3 An affiliation is realized by the network administrator within a reasonable time frame. In any event, this reasonable period has elapsed when the requested connection has not been achieved within 18 weeks of the request for a connection to the network operator, if the request is concerned:
a. A connection to 10 MVA;
b. A connection for a production plant for the generation of renewable electricity or a high-efficiency cogeneration plant, unless the network operator cannot reasonably be accused of failing to connect to it; the said period has been achieved.
1 The network operator is obliged to the person who so requests to make an offer to export electricity at a rate and other conditions to the applicant's behalf for the purpose of transporting electricity for the purpose of the applicant. comply with the paragraphs 5 and 6 of this chapter .
2 The obligation referred to in paragraph 1 shall not apply in so far as the network operator has no reasonable capacity for the requested transport operation. The refusal to carry out transport referred to in the preceding sentence shall state the reasons on which it is based. The network operator shall provide the person who has been refused transport on request and at most at cost of the relevant information on the measures necessary to strengthen the network. If a refusal to carry out transport as referred to in the first sentence is carried out in respect of renewable electricity, the network operator shall report it to the Consumer and Market Authority, indicating the network operator what measures are to be taken taken to avoid future refusals.
3 The network manager shall refrain from any discrimination between the persons to whom the obligation referred to in paragraph 1 applies.
1 By way of derogation from Article 23 is required to be the network manager of the net at sea at the request of a holder of a licence as intended Article 16, first paragraph, of wind wind law at sea , according to the development framework wind energy at sea, intended in Article 16th, first paragraph , to provide for a connection to the network managed by him at a rate and other conditions that are in accordance with Section 5 of this chapter. The Network Manager shall refrain from any form of discrimination in this respect.
2 By way of derogation from Article 24 The network operator of the net is obliged by the sea to make an offer to the holder of the licence to carry out, using the power supply of the licence holder, for the purpose of transporting electricity to the holder of the licence, on terms which in accordance with Section 5 of this chapter. The Network Manager shall refrain from any form of discrimination in this respect.
1 If a supplier exchanges supplier, such change shall be carried out in accordance with rules to be laid down at ministerial level, which may differ between different network operators and operators of networks as referred to in Article 2 (1) of the EC Treaty. Article 15 .
2 In the ministerial arrangement referred to in paragraph 1, rules shall in any case be laid down concerning the period of time within which the change must be carried out and the information to be supplied to a request for exchange.
1 If the network manager of the national high voltage network takes measures as referred to in Article 42 of the Directive and Article 16 of Regulation 714/2009 does not make any distinction between land transboundary and non-land cross-border contracts.
2 The measures are taken on the basis of criteria defined by the network manager of the rural high voltage grid with regard to the management of imbalance which are in close consultation with the relevant network operators in other countries. 3.
3 The measures shall be taken in close consultation with the relevant network operators in other countries with due regard for the bilateral agreements in force.
1 The Consumer and Market Authority may decide, on application, that capacity in the national cross-border network for the transport of electricity is intended to be determined as a priority for the volume to be determined and for a period of time to be determined by it. for the applicants to provide capacity for the transmission of electricity, where such capacity is intended solely for a transparent and non-discriminatory manner, which contributes to good market operation in the Community Electricity market, to be allocated.
2 When making the decision referred to in paragraph 1, the Authority may approve Consument and Market for the transport of electricity and adopt tariffs which derogate from the provisions of, or pursuant to, the paragraphs 5 and 6 of this chapter.
3 The decision referred to in paragraph 1 shall not have the effect of taking into account the amount of capacity that the network operator of the rural high voltage network reserves to provide for the necessary transmission of electricity in the framework of mutual assistance and assistance in order to maintain the integrity of the nets, shall be limited.
A notice as referred to in paragraph 1 shall be communicated in the Official Journal.
1 A network operator shall apply conditions which are reasonable, objective and non-discriminatory.
2 Conditions as referred to in the Articles 236 and 237 of Book 6 of the Civil Code be presumed not to be reasonable.
3 A condition is reasonable when it is apparent from the nature, content or method of establishment of the condition in question.
4 The second and third paragraphs shall not apply to a customer, as referred to in Article 4 (2). Article 95a, first paragraph .
5 The Articles 236 and 237 of Book 6 of the Civil Code shall also apply to conditions in agreements with customers referred to in Article 95a, first paragraph , which are legal persons or act in the exercise of an occupation or business.
A customer as intended in Article 95a, first paragraph , provides the necessary cooperation in the performance of the tasks, mentioned in Article 16, first paragraph, parts n and o .
1 A network operator shall only collect measurement data on customers as referred to in Article 95a, first paragraph , if:
a. This is necessary for the tasks of the supplier in relation to:
1 °. provision of information on the consumption of electricity on the basis of Article 95lb ,
2 °. invoicing,
3 °. diversions,
4 ° exchanges of supplier,
b. This is necessary for the tasks of the network administrator, named in Article 16, first paragraph or
(c) this information shall be supplied on the basis of the second and fifth paragraphs.
2 A network operator shall provide a supplier with access to measurement data for customers as intended Article 95a, first paragraph , as far as measurement data concerning customers of that supplier are concerned.
3 By derogation from the second paragraph, a network operator shall grant a supplier exclusive access to measurement data relating to a period of less than one day, provided that that supplier provides the relevant measurement data on the basis of Article 8 (a) of the Personal Data Protection Act may process.
4 A network operator shall grant a third party only access to measurement data relating to customers as referred to in Article 95a, first paragraph , where that third is the relevant measurement data on the basis of Article 8 (a) of the Personal Data Protection Act may process.
5 Units of measurement per quarter per day and per day shall be made available daily by the network administrator for non-availability. Other metrics shall be made available by the network operator against a fee of the costs associated with it.
1 A network operator shall, at the request of a supplier, make changes to the control and application programmes of the measuring devices made available to customers as intended for the purpose of the operation of the product concerned. Article 95a, first paragraph , from the supplier concerned, unless a measuring device would no longer meet the requirements of that measuring device by granting the request or would otherwise impair the integrity of the measuring device.
2 A network manager reads measurement data from a customer as intended in Article 95a, first paragraph , which has an installed measuring device that meets at least the requirements of Article 95la, first paragraph If the customer so requests, the required requirements are not remotely defined.
1 A network administrator has in the context of managing the nets in it for him under Article 36 or 37 established area to ensure that, in a period to be determined by a general management measure, a percentage of customers as intended by general measure to be determined in accordance with Article 95a, first paragraph , the decision is on an installed measuring device which meets at least the requirements of Article 95la, first paragraph Requirements laid down, except where the customer is required to meet the conditions laid down in this Regulation. Article 31, first paragraph, parts a or b , has an unmeasured connection.
2 In addition to the first member, a network administrator shall have the task of ensuring that a customer as referred to in Article 95a, first paragraph , to be made available within a reasonable period of time to a measuring device which meets at least the requirements of the Article 95la requirements, where:
(a) an existing measuring device shall be replaced, unless it is technically impossible or not efficient in relation to the estimated long-term potential energy savings;
b. A new connection is made in a new building;
c. A building is undergoing major renovation.
3 In addition to the second paragraph, other situations where a network operator shall have the task of ensuring that a customer is referred to in the second paragraph of this Regulation shall, in addition to the second paragraph, be defined as Article 95a, first paragraph , a measuring device at least meets the requirements of Article 95la, first paragraph, within a reasonable period of time.
4 A network operator shall ensure that a customer is considered to be a customer Article 95a, first paragraph , at a time earlier than the time foreseen by the network operator pursuant to paragraph 1, for one or more connections at the request of a natural or legal person who has a vested interest, within a reasonable period of time a measuring device which meets at least the requirements of the Article 95la , first paragraph, unless this leads to the failure of the network operator's plan to comply with the obligation set out in paragraph 1.
5 If a measurement device has been made available by the network administrator under the third or fourth member and has been installed at the disposal of the measuring device, the customer concerned shall be reimbursed to the relevant network manager. due to the additional costs.
6 In the case of ministerial arrangements, the level of remuneration may be fixed which may be determined differently for different situations.
7 During the period referred to in the first paragraph, at the request of a customer, other than a network manager may, as referred to in Article 95a, first paragraph , after prior notification to the relevant network operator for care to ensure that the customer has one or more connectors on an installed measuring device which meets at least the requirements of the Article 95la, first paragraph , the required requirements which apply at the time of posting.
8 If any person other than a network administrator takes care to ensure that a customer is as referred to in Article 95a, first paragraph , shall have a measuring device which meets at least the requirements of the Article 95la The network administrator shall pay a fee to the other network administrator.
9 In the case of ministerial arrangements, the amount of the allowance referred to in paragraph 8 shall be established, which may be determined differently for different situations.
10 It is not permissible for users other than the network operator to be found in customers as intended for the purpose of Article 95a, first paragraph , installed, installed remotely readable measuring devices installed between 31 December 2005 and the time of commencement of the period referred to in the first paragraph.
11 If a measuring device as specified in Article 95la, first paragraph , being made available by the network operator, a customer as intended Article 95a, first paragraph , this measuring device is refusing. In this case, a non-remotely readable measuring device shall be provided by the network administrator.
12 In addition to Article 30a the rate for the measurement of electricity may also cover the level of progress of a network operator in the performance of the obligation referred to in the first paragraph, and the differences between the network operator and the network operator.
13 A network administrator shall forward a report to our Minister and to the Authority and Market Authority annually before 1 June indicating the progress made in carrying out the task referred to in the first paragraph.
14 The person who is a measuring device as intended Article 95la, first paragraph , makes available, informs a customer as intended Article 95a, first paragraph , in the case of the installation in a non-discriminatory manner, on the possibilities of the measuring device.
A remotely readable measurement device, which is to a customer as intended Article 95a, first paragraph , made available between 31 December 2005 and 1 January 2012, is to be regarded as a measuring device complying with the provisions of this Regulation for a period of 15 years from the date of posting to that customer. Article 95la, first paragraph That's what you said.
This part has not (yet) entered into force; see the summary of changes
The Articles 26ab and 26ac, first member , do not apply to customers who do not have a distance-readable measuring device or which have a distance-readable measurement device not being read remotely.
1 By ministerial arrangement rules shall be laid down concerning the tariff structures and conditions as set out in the Articles 27 and 31 .
2 The Consumer and Market Authority shall deliver an opinion on the draft of the rules referred to in paragraph 1.
3 A ministerial arrangement to be established pursuant to paragraph 1 shall not take effect earlier than four weeks after the draft has been submitted to both Chambers of the States General. The draft is accompanied by the opinion delivered on the ministerial settlement of the Consumer and Market Authority.
1 Taking into account the requirements of the Article 26b Those rules and the network codes referred to in Article 6 of Regulation 714/2009 shall be sent by the joint network operators to the Consumer and Market Authority of a proposal relating to the tariff structures which they are to use to customers which the elements and method of calculation of the rate for which customers will be connected to a network, from the rate for which the transport of electricity, including the import, export and transit of electricity, for the benefit of customers will be exported, and the system services will be performed as well as the energy balance shall be maintained and the electricity measurement rate for customers as specified in Article 95a, first paragraph .
2 In each case, the tariff structures shall include:
a. A customer is entitled to a connection to the level of stress which he wants, unless for technical reasons it cannot reasonably be required from the network administrator;
(b) a customer is entitled to a fee from the net manager, if a connection is made to a third party on his affiliation;
c. A customer who has a multi-connection connection to one or more voltage levels falling within the same tariff category for the calculation of the transport dependent transport rate is deemed to have over one connection;
d. each customer has the right to be connected to the nearest point in the network with a voltage level at its connection, except that a customer wishing to connect to the net with a connection value exceeds 10 MVA, is connected to the nearest point in the grid where there is sufficient network capacity;
e. Adjustments to the grid related to the creation of a connection shall be made on behalf of the network operator managing the network in question;
f. a customer, other than a customer who wishes to connect to the net with a connection value larger than 10 MVA, is entitled to a standard connection, where the connection capacity of this connection is related to the standard used Nominal connection voltage;
g. The connection charge shall be based on the size of the connection capacity.
3 The rates charged by the network manager of the rural high voltage network for the maintenance of the energy balance are objective, transparent, non-discriminatory and reflect costs.
1 The rate for which customers will be connected to a network shall only apply to:
a. Disconnecting from the network administrator in question to establish a physical connection of the installation of a customer with that network;
b. Installing features to secure and protect the network administrator ' s grid grid and
c. To establish and maintain a link between the place where the net is broken and the devices to secure the grid.
2 The rate referred to in paragraph 1 shall be charged to any customer who is to be connected by a net manager to a network managed by a network operator.
3 The prices for the connection of the customers which are producer are objective, transparent and non-discriminatory, taking into account the costs and benefits of the different techniques relating to renewable energy sources, decentralised production and cogeneration.
1 The rate for which the transport of electricity will be exported relates to the reception and the invosting of electricity by customers, regardless of the place of receipt or innutrition of the electricity and regardless of the place of the connection where the electricity has been received or fed into the Dutch network and on system services.
2 The rate referred to in paragraph 1 shall be charged to any customer who receives electricity on a connection to a network managed by a network operator. The rate may vary for different customers, depending on the voltage level of the net to which the customer is connected. In the case of a general measure of management, it can be determined that the tariff is also charged to any customer entering electricity on a network managed by a network operator. In this case, the rate may also be different for the receipt or the invosting of electricity.
3 The transport rate is calculated per connection. For the purpose of the transport tariff, a strand of lightest masts is considered to have one connection.
4 In addition to the provisions of, or pursuant to, the first, second and third paragraphs, rules may be imposed by a general measure on the tariff for which the transport of electricity is to be carried out for the benefit of to identify customers or to describe the transport of electricity.
5 The rate referred to in paragraph 1 shall be used to cover the costs incurred in respect of commitments entered into by the designated company before the date of the repeal of the Electricity Act 1989 in respect of the construction of a connection for the transport of electricity between the Netherlands and Norway.
6 The nomination for a general measure of directors to be adopted under the second paragraph shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.
7 When applying the rate referred to in the first paragraph, the network operator shall apply for a customer with a business time of at least 65% and a consumption on an annual basis of at least 50 GWh, other than a grid operator, in a calendar year a volume correction of not more than 90% on the tariff carriers of the transport tariff which shall be shown on consumption or on the net extracted power, on the basis of the formula:
Volume adjustment (%) = (operating time-65%)/(85 %-65%) * (consumption-50 GWh)/(250 GWh-50 GWh) * 100
where:
consumption = the amount of electricity withdrawn from the grid during the one year period, expressed in GWh, with a maximum of 250 GWh.
8 The operating time referred to in paragraph 7 shall not exceed 85% and shall be calculated by means of the following formula:
company time (in%) = ((consumption/kWmax) /total number of hours in the period of one year) * 100
where:
consumption = extrapolated from the net from the grid during the one-year period to that entire period, expressed in kWh
kWmax = the power away from the net in the period of one year, expressed in kW.
9 If the customer, as referred to in paragraph 7, has a production facility for the production of electricity from residual products of a production process, such as residual gases or residual heat, shall be made at the request of the customer by the network operator in the application of the eighth paragraph for consumption, the electricity consumed during the period of one year in the off-peak hours was extrapolated to that whole period, expressed in kWh.
10 For the period of one year, as referred to in the seventh, eighth and ninth paragraphs, the following definitions shall be understood as the period between:
a. 1 July of the calendar year two years prior to the calendar year referred to in the seventh paragraph and
b. 30 June of the calendar year preceding the calendar year referred to in the seventh paragraph.
11 The rules for the implementation of the seventh to the 10th paragraph shall be laid down by ministerial arrangement.
The rate applicable to the measurement of electricity in the case of customers as intended Article 95a, first paragraph , shall refer to:
a. Management of the measuring devices;
b. Providing access to measurement data as intended Article 26ab, second and third paragraphs .
1 Taking into account the requirements of the Article 26b Those rules and the network codes referred to in Article 6 of Regulation 714/2009 shall send the joint network operators to the Consumer and Market Authority a proposal for the terms and conditions to be applied to customers in respect of:
(a) the manner in which network operators and customers and network operators behave towards each other with regard to the operation of the nets, the provision of connection to the network and the transmission of electricity over the network;
b. the manner in which network operators and customers and network operators behave towards each other with regard to the measurement of data relating to the transmission of electricity;
c. the manner in which the network operator of the rural high voltage network, on the one hand, and the customers and the other network operators, on the other, behave towards each other with regard to the system services,
d. the area-sharing of the network operators with the exception of the network operator of the net at sea;
e. the arrangement of the cooperation between the network operators regarding the performance of the tasks referred to in parts a, b and c, as well as for ensuring the network management of all networks and the transport of electricity in exceptional circumstances,
f. the quality criteria to which network operators must comply with regard to their service, which in any case relates to technical specifications to be applied, the remedation of malfunctions in the transport of electricity, payment terms, customer service and providing for compensation in the event of serious disturbances,
g. the manner in which the network operator of the rural high voltage grid shall implement its task of ensuring the security of supply and the manner in which production capacity is maintained and used,
h. the manner in which the network operator customers who are producers are objective, transparent and non-discriminatory in line with the network, taking into account the costs and benefits of the different techniques related to renewable energy sources, decentralised production and cogeneration,
i. the manner in which the net operator of the rural high voltage grid maintains the energy balance to other network operators and customers;
(j) the realisation of links between and carrying out repairs to the nets;
k. the manner in which the network operator of the national high voltage network, on the one hand, and the customers and the other network operators, on the other, behave towards each other with regard to the provision of information necessary for the proper execution of Regulation 714/2009 and the Guidelines based thereon.
2 In the conditions referred to in paragraph 1 (c), conditions shall in any case be included with respect to programme responsibility, determining that the programme responsibility may be transferred to a Member State. Other, with the exception of a network operator.
3 Under the conditions referred to in paragraph 1 (a), conditions shall in any case be subject to conditions relating to the requirements to which a firm, which is intended to carry out the activities of Article 16c, first or fifth paragraph , performing, must comply.
4 In the conditions referred to in paragraph 1 (a), conditions may be laid down for determining the size of the capacity for the transmission of electricity across the national cross-border network and for the allocation of the available capacity on that network, including the use of capacity auctioning or the allocation of capacity according to a different market-based method, and the allocation of capacity that a customer does not use. The conditions may include the necessary provisions aimed at preventing obstacles to good market operation.
5 The amount of capacity that can be allocated by way of auction or other market-based method shall not exceed the total volume of the capacity for the transmission of electricity across the national cross-border network net of deduction from:
a. the amount of capacity that the Network Manager of the Rural High Voltage Network reserves in order to provide necessary transport of electricity in the context of mutual assistance and assistance for the conservation of the integrity of the networks can execute,
b. the amount of capacity that the Consumer and Market Authority has on the basis of Article 26 has been allocated to certain applicants for the transmission of electricity capacity; and
c. the amount of capacity for which our Minister has granted a waiver on the basis of Article 86c .
6 The network manager of the rural high voltage grid uses the proceeds from auctioning or other market-based method allocation in accordance with the scheme, referred to in the fourth paragraph, for the lifting of restrictions in the Transport capacity on the national cross-border network or for other targets to be determined by the Consumer and Market Authority.
7 The network manager of the national high voltage network shall keep separate accounts with regard to the yield of auctioning or other market-based methodology allocation. Article 43 shall apply mutatis mutandis.
8 The conditions referred to in paragraph 1 (g) may also relate to the manner in which the network manager of the rural high voltage network, on the one hand, and customers, suppliers and other network operators, on the other hand, are committed to each other Worn.
9 In addition to the conditions referred to in paragraph 1 (b) and in so far as this subject is not covered by the provisions of the Minister, the Minister may, in addition to the conditions laid down in the Article 72m , lay down detailed rules for:
a. the determination of the Article 16, first paragraph, part h ;
b. Measuring, intended Article 16, first paragraph, part 1 , and Article 16a, second paragraph ;
c. providing measurement data to others than mentioned in Article 16a, third paragraph , except that measurement data can only be provided to suppliers and traders with the written consent of the customer to whom the measurement data belongs;
d. issuing certificates for climate-neutral electricity and electricity generated by combined heat and power generation and managing a certificate account for the purpose of issuing guarantees of origin for sustainable development electricity and guarantees of origin for electricity generated in an installation for high-efficiency cogeneration and management of an account;
e. the costs of carrying out the parts (a) to (d).
10 The conditions referred to in paragraph 1 (f) shall determine that a claim for the payment of a customer's debt in respect of the services provided shall be the subject of a claim for the payment of a debt of the Article 27, first paragraph It shall be made within two years after the claim has become due and, in the absence of such action, shall be brought to an effect. The first sentence shall not apply if the absence of such claim, including an erroneous claim, is the direct result of a deliberate conduct of the customer to that effect.
11 To the conditions referred to in paragraph 1 (g), the network manager of the rural high voltage grid shall determine at least the minimum operational network security requirements and obligations to which it is to be included. the establishment of the level of foreseeable circumstances in which operational network security should be maintained.
12 In the conditions referred to in paragraph 1 (a), (f) and (g), nets with a voltage level of 110 kV or higher with the exception of the net at sea shall be determined and operated in such a way that the transport of the gear is electricity, whether or not a single failure occurs, is insured. The transport of electricity must also be insured, if a single malfunction occurs at the time of maintenance.
13 By way of derogation from the second sentence of paragraph 1, for nets with a voltage level of 110 to 220 kV in the conditions referred to in paragraph 1 (a), (f) and (g), the conditions in which this provision is not to be applied shall be determined. In so doing, an interruption in the transmission of electricity should always be limited to a maximum of six hours and 100 MW.
14 The fifth to seventh paragraphs shall expire on a date to be determined by the Royal Decree, which may vary between the members of the Member State.
15 In the conditions referred to in paragraph 1 (a), rules shall be laid down concerning the technical requirements to be met by a connection to a closed distribution system.
In the case of ministerial arrangements, where necessary to implement the Directive, rules should be laid down by the Network Manager vis--vis customers as intended for the purposes of the Directive. Article 95a, first paragraph .
1 For customers as intended Article 95a, first paragraph , renewable electricity invoiced to the grid, the supplier calculates the consumption for billing and collection of the cost of delivery by reducing electricity from the grid with the electricity produced on the grid, the reduction shall not exceed the amount of electricity that has been extracted from the net.
2 For customers as intended Article 95a, first paragraph , that non-renewable electricity invoiced to the grid, the supplier calculates consumption for billing and collection of delivery costs by reducing electricity from the grid with the net infed on the grid. electricity, with a maximum of 5000 kWh on electricity, to the extent that the balance of the net withdrawn minus the on-the-fed electricity is not less than zero.
3 If the quantity of electricity referred to by the customer referred to in the first and second paragraphs is greater than the quantity deducted by those members from the electricity withdrawn from the net, the amount of the electricity produced by the customer shall be reduced by the amount of the electricity produced by the customer. vendor to the customer for the multiple a reasonable fee.
1 The net manager of the rural high voltage network, the network operator of the net at sea or at least one third of the number of other network operators may request the joint network operators to submit a proposal for the amendment of the tariff structures or the conditions specified in the Articles 27 and 31 , stating the reasons which, in its opinion, make such a change necessary.
2 Where, in its opinion, change of the tariff structures or conditions referred to in the Articles 27 and 31 The Authority shall forward to the Consumer and Market Authority a draft of a decision amending the tariff structures or conditions to the joint network operators and the representative bodies of the parties to the electricity market.
3 In a proposal or draft decision amending tariff structures or conditions, those parts are intended to be included. Article 27 or 31 , included in which amendment is requested.
1 The joint network operators shall consult with representative associations of the parties to the electricity market on the proposals relating to tariff structures and the conditions set out in the Articles 27 , 31 and 32, 1st Member .
2 In the proposals sent to the Consumer and Market Authority, the joint network operators shall indicate the inferences which they have linked to the views expressed by the organisations referred to in the first paragraph.
3 The Network Manager of the Rural High Voltage Network shall consult with the network operators in other countries with which a land cross-border network has been established on the rules and obligations regarding operational network security, as Intended in Article 31, 11th paragraph -before establishing those rules and obligations.
1 The joint network operators shall submit a proposal for the amendment of the tariff structures or conditions to the Consumer and Market Authority within 12 weeks of the date of the request as referred to in Article 4 (2). Article 32, first paragraph It's done.
2 The joint network operators and representative organizations of the parties to the electricity market may view their views on a draft decision to amend the tariff structures or conditions to the Consumer and Market Authority make known within 12 weeks of the date of the draft of the decision on the basis of Article 32, second paragraph -It's sent to them.
1 The Consumer and Market Authority shall establish the tariff structures and conditions in accordance with:
a. the proposal of the joint network operators as referred to in Article 27 , 31 or 32 and the results of the consultations provided for in Article 33, first paragraph ,
b. the importance of the reliable, sustainable, efficient and environmentally sound functioning of the electricity supply,
(c) the importance of promoting the development of trade on the electricity market,
d. the importance of promoting the effective action of customers
e. the importance of good quality of services provided by network operators;
f. the importance of maintaining an objective, transparent and non-discriminatory enforcement of the energy balance in a manner that reflects the costs,
g. the Article 26b said rules;
h. Regulation 714/2009 and the Directive and
i. Article 15 of Directive 2012/27 /EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009 /125/EC and 2010/30 /EU and repealing Directives 2004 /8/EC and 2006 /32/EC (PbEU 2012, L 315).
2 The Consumer and Market Authority shall not adopt the conditions after having satisfied itself in accordance with Article 5 of the Directive that the conditions guarantee the interoperability of the networks and that they are objective, proportionate and non-discriminatory, as well as to the extent necessary by the Notifications Directive, communicated to the European Commission in design and the applicable time limits provided for in Article 9 of the Notifications Directive are Expired.
3 Where a proposal as referred to in Article 27 , 31 or 32 the opinion of the Consumer and Market Authority is contrary to the interest referred to in subparagraph (b), (c), (d), (e) or (f) of the first paragraph, by the rules referred to in the first paragraph, parts g and h, or to the requirements specified in the second paragraph, shall bear the The Consumer and Market Authority shall, without delay, amend the joint network operators to amend the proposal in such a way as to remove this fight. Article 4:15 of the General Administrative Law Act shall apply mutatis mutandis.
4 If the joint network operators do not change the proposal within four weeks according to the terms of the Consumer and Market Authority, referred to in paragraph 3, the Consumer and Market Authority shall set out the tariff structures or the terms and conditions fixed under the affixing of such amendments to the interests referred to in paragraph 1 (b) to (f) with the rules referred to in the first paragraph, parts (g) and (h) and with the requirements specified in the second paragraph. Member.
1 After the period referred to in Article 34 , has expired, the Authority and Consumer Authority shall determine the tariff structures or conditions in accordance with the proposals of network operators and of Article 36, first and second paragraphs . If a proposal as referred to in Article 34 has not been sent to the Consumer and Market Authority within the time limit specified, it shall adopt the tariff structures or the conditions under its own initiative, subject to the provisions of Article 36, first and second of the Second member.
2 If the joint network operators are not within the period specified in the Article 34, third paragraph , if they express their views on a draft decision referred to in that Article to the Consumer and Market Authority, it shall adopt the decision to amend the tariff structures or the conditions under its own initiative, taking into account the provisions of the Directive, Article 36, first and second paragraphs .
1 The Consumer and Market Authority may, on application by decision, grant a derogation from the tariff structures and conditions. In its decision, the Consumer and Market Authority will take the interests referred to in the Article 36, first paragraph, parts b to f and the rules referred to in Article 36, first paragraph, parts (g) and (h), in respect of the provisions of Article 36.
2 The Consumer and Market Authority lays down policy rules relating to the procedure for applying for a waiver. The policy rules shall be published in the Official Gazette.
3 The Consumer and Market Authority can attach regulations and restrictions to the waiver. The Consumer and Market Authority can change the regulations and the restrictions imposed.
4 The Consumer and Market Authority shall withdraw the waiver by written request from the holder of the waiver.
5 The Consumer and Market Authority may withdraw an exemption if:
(a) the holder of the waiver fails to comply with the rules or restrictions imposed on the waiver;
(b) the holder of the exemption has provided incorrect or incomplete information with the application and the provision of correct and complete information would have resulted in a different decision on the application;
(c) Consumer and Market Authority, having regard to the interests referred to in Article 36, first paragraph, parts b to f and the rules referred to in Article 36, first paragraph, parts g and h, that revocation of the derogation is necessary.
6 An order taken pursuant to this Article shall be communicated in the Official Gazette.
1 The tariff structures and conditions shall enter into force on a date to be determined by the Authority and Market Authority for an indefinite period.
2 The decisions relating to the fixing of tariff structures and conditions and their amendment shall be communicated by the Official Journal of the European Union.
3 Each network operator shall provide a copy of the tariff structures and the conditions for each site to inspect all its establishments.
4 After the conditions laid down, the minimum requirements for technical safety and the technical design and operation of the installations and networks referred to in Article 5 of the Directive shall apply.
1 Network managers shall report to the Consumer and Market Authority on 1 March each year reporting on compliance by them with quality criteria, as set out in Annex II. Article 31, first paragraph, part f .
2 The Consumer and Market Authority shall state the findings derived from reports referred to in the first paragraph of the report, as referred to in the report, which is to be published in the Article 9 .
The tariffs for the services for the performance of tasks, mentioned in: Article 16, first and second paragraphs , except for part p, shall be determined in accordance with the provisions of the Articles 41 to 41d .
The rates for the measurement of electricity in the case of customers as intended Article 95a, first paragraph , as referred to in Article 30a It shall be determined by the Consumer and Market Authority after consultation with the joint network operators and with representative bodies of parties in the electricity market. Detailed rules may be laid down under a ministerial arrangement as regards the procedure for setting rates for the measurement of electricity from customers as referred to in Article 95a, first paragraph and the method of calculating those rates.
1 The Consumer and Market Authority shall, after consultation with the joint network operators and representative organisations of the parties to the electricity market:
a. in relation to the tasks mentioned in: Article 16, first paragraph , taking into account the importance of promoting the efficiency of business and the most efficient quality of transport by market operation to the benefit of customers, and taking into account the importance of the transport sector, security of supply, durability and a reasonable return on investment, for network operators, with the exception of the network operator of the rural high voltage network, the method of fixing the reduction to promote the efficient use of the electricity operating, of the quality and of the volume of the calculation of each tariff carrier for which a rate to be fixed;
b. for each task, named in Article 16, second paragraph , taking into account the importance of promoting the efficiency of management and the most efficient quality of performance of these tasks, and taking into account the importance of security of supply, durability and a reasonable level of performance, (b) Return on investment, the method of regulation for the network operator of the rural high voltage grid.
The decision establishing the method shall apply for a period of at least three years and not more than five years.
2 With regard to the tasks mentioned in: Article 16, first paragraph, is the first paragraph, part a , mutatis mutandis, for the adoption of the method of fixing the reduction for the promotion of efficient management and the volume of the calculation of each tariff-carrier for which a tariff is fixed for the network operator of the rural high voltage grid.
3 The aim of the reduction in the promotion of efficient management is, inter alia, to ensure that the network operator cannot, in any event, achieve a return which is higher than normal in terms of economic traffic and that the level of equivalence in the to promote the efficiency of network operators.
4 Quality strength indicates the adjustment of rates in relation to the quality delivered and aims to encourage network operators to optimise the quality of their transport service.
5 The computational volumes used by a network operator in the proposal, which is intended to be used in the proposal Article 41b , are based on actually invoiced volumes in earlier years, or are estimated by the Consumer and Market Authority if they are related to new tariffs.
1 For the purpose of the proposal, Article 41b , sets the Consumer and Market Authority separately for each network operator for the same period of time for which the decision applies under Article 41, first paragraph , fixed:
a. the reduction in the promotion of efficient management;
b. The quality strength; and
c. The volume of calculation of each tariff holder for which a tariff is fixed.
2 The Consumer and Market Authority may amend the calculation volume referred to in paragraph 1 (c) during the period referred to in the introductory sentence of that paragraph.
3 If the decision on the basis of Article 41, first paragraph In the event of an irrevocable judicial decision being annulled or revoked by an irrevocable decision, the Authority shall review the decisions referred to in paragraph 1 with the application of the decisions taken in accordance with the provisions of the a statement of objection or an objection corrected method.
1 Each grid operator shall send to the Consumer and Market Authority annually before 1 October a proposal for the rates that this network administrator shall calculate to the highest for the performance of the tasks referred to in the Article 16, first paragraph , with the exception of part p, and as far as the network manager of the rural high voltage network is concerned, the tasks referred to in Article 16, second paragraph, taking into account:
(a) the assumption that the costs are allocated to the tariff holders on the services which cause such costs;
(b) Tariff structures established on the basis of Article 36 or 37 ,
c. the provisions of or pursuant to Article 41a ,
d. the formula
where:
TIt = total revenue from rates in year t, to know the sum of the multiplication of each rate in year t and it based on Article 41a, first paragraph, part c , fixed rate of calculation of each tariff holder for which a tariff is fixed;
TIt-1 = the total revenue from rates in the year preceding t, i.e. the sum of the multiplication of each rate in year t-1 and based on the Article 41a, first paragraph, part c , fixed rate of calculation of each tariff holder for which a tariff is fixed;
cpi = the relative change in the consumer price index (all households), calculated from the quotient of this price index, published in the fourth month preceding the year t, and of this price index, published in the sixteenth month prior to year t, as determined monthly by the Central Bureau of Statistics;
x = the reduction in the promotion of efficient management;
q = the quality term, which indicates the adjustment of the tariffs in relation to the delivered quality;
e. the investment costs incurred in respect of investments, Article 20d or 20th, second or third members , to the extent that the costs are effective;
f. [ Red: this part has not yet entered into force;]
g. the total of incurred expenses for an acquisition of an existing net for which a network manager had not previously been designated by, or with the agreement of, our Minister and for the investment to adjust that acquired net resulting in the the fulfilment of the requirements laid down by this Law, in so far as such costs are effective;
h. the estimated power costs to be incurred by the network manager of the rural high voltage network in the year to which the tariff proposal relates to investments not already in use, to which the procedure, referred to in Article 2 (1), Article 3.35, first paragraph, introductory wording and section c, of the Spatial Planning Act is applicable;
i. the estimated costs incurred by the network manager of the rural high voltage network for investments in use or taken in the year covered by the tariff proposal, on which the procedure, referred to in Article 4 (2), is to be used. Article 3.35, first paragraph, introductory wording and section c, of the Spatial Planning Act is applicable.
2 The estimated costs incurred by a grid operator for the performance of tasks in Article 16, first and second paragraphs , to be charged to another network operator, without application of the formula referred to in paragraph 1 (d), shall be added to the total revenue from the rates of this other network operator. The difference between the estimated and realised costs shall be involved in the determination of the total income from the rates of the other grid operator in a subsequent year.
3 The estimated cost incurred by the grid manager of the nationwide high voltage grid for performing tasks, mentioned in Article 16, second paragraph , makes, without application of the formula referred to in paragraph 1 (d), and subject to the application of the Decision, Article 41, first paragraph, part b , added to the total revenue from the rates of the network operator of the rural high voltage grid.
4 The Consumer and Market Authority shall establish a policy rule concerning the assessment of effectiveness referred to in paragraph 1 (e) and (g) of the first paragraph.
1 The Consumer and Market Authority fixes the rates, which may vary for different network operators and for distinguished tariff carriers, each year.
2 The Consumer and Market Authority may correct the rates which will apply in the year t if the rates applied in that year or the years preceding the year t:
a. by court ruling or with application of the Article 6:19 or 7:11 of the General Administrative Law Act changed;
(b) have been established taking into account the incorrect or incomplete data and the Authority and Market Authority, if it had the right or full data, would have set rates that would differ significantly from rates fixed;
(c) have been established using estimated data and deviating from the actual data;
d. have been established using data relating to costs for certain services, whereas network operators who have not provided services in the year or part of year t or have incurred no or less costs for those services;
e. are determined on the basis of the estimated costs referred to in paragraph 7 and the realised efficient costs that deviate from that paragraph.
3 If a proposal does not apply within the period specified in Article 41b, first paragraph , it is sent to the Consumer and Market Authority, which sets the rates for the relevant network manager from its own accord, subject to Article 41b.
4 If the total income at the beginning of the period, intended in Article 41, first paragraph , not in line with the efficient cost level inclusive of a return used in economic traffic, the Consumer and Market Authority may, in the application of the formula, be Article 41b, first paragraph, part d , instead of TIt-1, the total revenue is fixed at the efficient cost level, including a rate of return that is common in economic traffic.
5 If a decision has been made on the basis of Article 41, first paragraph , or 41a First Member The Authority shall, where an irrevocable decision has been revoked or revoked by an irrevocable decision, recalculate the rates referred to in paragraph 1 by the Consumer and Market Authority, in accordance with the conditions laid down in the first paragraph of this Article. that decision or an objection corrected method, corrected efficiency reduction, quality or calculation volume, and discounters the results of such recalculation at the next following on the basis of the first paragraph. rates. In so doing, this recalculation and the manner in which the results of these rates are discounted to the tariffs shall be shown separately.
6 The Consumer and Market Authority can correct the rates that will apply in the year t with the lost revenues generated for network operators by applying a volume correction on the basis of the Articles 29, 7 to 1 and 2 of Article 29 , in 2014.
7 The Consumer and Market Authority is involved in determining the rates:
a. the estimated power costs that the network operator of the national high voltage network will incur in the year under the tariff proposal with regard to investments not yet deployed, on which the procedure, referred to in Article 4 (2), Article 3.35, first paragraph, introductory wording and section c, of the Spatial Planning Act is applicable;
b. the estimated costs incurred by the network manager of the rural high voltage network for investments in use or taken in the year covered by the tariff proposal, on which the procedure, referred to in Article 4 (2) of the Regulation, is to be used. Article 3.35, first paragraph, introductory wording and section c, of the Spatial Planning Act is applicable.
8 If the network operator of the net is based on the sea Article 42a, third paragraph , an amount will be charged to the network manager of the national high voltage grid, that amount shall be provided without application of the formula, Article 41b, first paragraph, part d , added to the total revenue from the rates.
1 By way of derogation from Article 41a shall become the network manager of the rural high voltage network as regards the tasks specified in: Article 16, first paragraph No quality strength has been established.
2 The Consumer and Market Authority establishes for the network manager of the national high voltage network an annual difference between the total revenue from the rates specified in the Article 41b, first paragraph, part d , and the realized total revenue from the rates. At the next fixing of the tariffs, the Consumer and Market Authority will make the difference in rates.
1 The rates shall enter into force on a date to be set by the Authority and Market Authority until 1 January of the year, following the date of entry into force of the decision fixing the tariffs.
2 If, on 1 January, the tariffs for the following year have not yet been fixed, the rates shall be valid until the date of entry into force of the decision fixing the rates for the following year.
3 Each network operator shall provide a copy of the charges applicable to each network operator for each of the companies which have access to all its establishments.
1 The net offshore network operator shall not charge any tariff for which the transport of electricity is intended, Article 29 , and no tariffs on the services for the execution of the tasks, Article 40 , on behalf of his customers.
2 The annual allowable income of net offshore network operator for performing the tasks mentioned in the following year: Article 16, 16th paragraph , be in accordance with the Articles 42b to 42e 3.
3 If the grant in one year is the amount, mentioned in Article 77g, second paragraph , whether it is not or not fully covered, the network operator of the net offshore network shall be charged to the network operator of the national high voltage network.
1 The Consumer and Market Authority shall, after consultation with the joint network operators and representative bodies of the parties on the electricity market, set out in respect of the tasks of the network operator of the grid at sea mentioned in Article 16, 16th paragraph , taking into account the importance of promoting the efficiency of business and the most efficient quality of transport by market operation to the benefit of customers, and taking into account the importance of the transport sector, security of supply, durability and a reasonable return on investment, for the network operator of the net at sea, the method of fixing the reduction for the promotion of efficient management of the business and the permitted revenues.
2 The decision establishing the method shall apply for a period of at least three years and not more than five years.
3 The aim of the reduction in the promotion of efficient management is, inter alia, to ensure that the network operator of the net at sea cannot, in any event, obtain a return which is higher than normal in terms of economic traffic.
4 In assessing the effectiveness of the costs of the reduction to promote the efficient management of the sea network operator:
a. As far as possible, the Authority shall disregard any unaffected costs by the Consumer and Market Authority;
b. Do not allow the Consumer Authority and Market Authority to take account of the costs relating to country-specific characteristics, including the quality of the network.
5 In fixing the reduction for the promotion of efficient management of the business:
a. The Authority does not consider the non-impact costs of the Consumer and Market Authority;
b. In any event, the Authority and Market Authority shall take into account the bankability of the network operator of the net at sea.
1 For the purpose of the proposal for the permitted revenue, Article 42d, first paragraph , sets the Consumer and Market Network Manager of the Net at Sea for the same period of time for which the decision, intended Article 42b, first paragraph , shall be the reduction in the promotion of efficient management of the business.
2 If the decision on the basis of Article 42b, first paragraph In the event of an irrevocable judicial decision being annulled or revoked by an irrevocable decision, the Authority shall review the Act referred to in paragraph 2 with the application of the decision taken in accordance with the provisions of the a statement of objection or an objection corrected method.
1 The network operator of the net at sea shall send to the Consumer and Market Authority an annual proposal for the permitted revenue for the implementation of the tasks in question by 1 October each year. Article 16, 16th paragraph , taking into account:
a. the formula
where:
TIt = total revenue in year t;
TIt-1 is the total revenue in the year preceding the year t;
cpi = the relative change in the consumer price index (all households), calculated from the quotient of this price index, published in the fourth month preceding the year t, and of this price index, published in the sixteenth month prior to year t, as determined monthly by the Central Bureau of Statistics;
x = the reduction in the promotion of efficient management;
b. the costs incurred for investments, referred to in Article 20d, third paragraph , to the extent that the costs are effective;
c. a compensation as referred to in Article 16f ;
d. the estimated power costs to be incurred by the network operator of the net at sea in the year to which the proposal relates to investments not already in use, to which the procedure, referred to in Article 2 (2), Article 3.35, first paragraph, introductory wording and section c, of the Spatial Planning Act is applicable;
e. the estimated costs incurred by the network operator of the net at sea for investments in use or taken in the year to which the proposal relates, to which the procedure, referred to in Article 2 (2), Article 3.35, first paragraph, introductory wording and section c, of the Spatial Planning Act is applicable.
2 If there is gross negligence of the network operator of the net at sea, by way of derogation from paragraph 1 (c), the total amount of compensation to be paid up to a maximum of € 10 million per year shall not be granted in the permitted revenue; It is discounting. The total amount of compensation that exceeds the amount of € 10 million in one year is involved in this case in the calculation of income.
3 The Consumer and Market Authority shall establish a policy rule concerning the assessment of effectiveness referred to in paragraph 1 (b).
1 The Consumer and Market Authority sets the permitted income, subject to compliance with Article 42d, first and second paragraphs , from the grid operator of the net at sea, fixed annually.
2 The Consumer and Market Authority can correct the permitted revenues that will apply in the year t, if established revenue in that year or the years preceding the year t:
a. by court ruling or with application of Article 6:19 or 7:11 of the General Administrative Law Act changed;
(b) have been established taking into account the incorrect or incomplete data and the Authority and Market Authority, if it had correct or complete information, would have established revenue which would significantly differ from the revenue established;
(c) have been established using estimated data and deviating from the actual data;
d. have been established using data relating to costs relating to certain services, whereas the network operator of the net at sea who has not supplied services in the year t or part of year t or has no cost or less for those services Made;
e. are determined on the basis of the estimated cost as referred to in Article 42d, first paragraph, parts d and e , and the realised efficient costs that deviate from it.
3 If a proposal does not apply within the period specified in Article 42d, first paragraph , the Authority sent the Consumer and Market Authority the revenue granted to the network operator of the net at sea from its own initiative, subject to the provisions of Article 42d, first and second members.
4 If the total income at the beginning of the period, intended in Article 42b, second paragraph , not in line with the efficient cost level inclusive of a return used in economic traffic, the Consumer and Market Authority may, in the application of the formula, be Article 42d, first paragraph, part a , instead of TIt-1, the total revenue is fixed at the efficient cost level, including a rate of return that is common in economic traffic.
5 If a decision has been made on the basis of Article 42b, first paragraph , or Article 42c, first paragraph The Authority shall, when an irrevocable decision has been revoked or revoked by an irrevocable decision, recalculate the revenue referred to in paragraph 1 with respect to the revenue referred to in the first paragraph. that decision or an objection-corrected method, corrected efficiency rebate and discounters the results of such recalculation in the next revenue to be determined on the basis of the first paragraph. In so doing, this recalculation and the manner in which the results of these calculations are reflected in the income shall be reflected separately.
1 A network operator shall be obliged to keep separate accounts for the management of the nets in accordance with its functions, as defined in the Annex. Articles 16 and 16a . If the network operator carries out operations as referred to in Article 17 or 17a It also carries out separate accounts, whether on a consolidated basis or on a consolidated basis.
2 The separate accounts shall comprise:
a. A balance sheet and a profit and loss account,
b. a specification of the allocation of assets and liabilities and charges and benefits to activities referred to in paragraph 1, in particular for each transport staircase, the cost, revenue and quantities of at least the functions; Intended in the Articles 27 to 30a , are indicated,
c. a specification of the income obtained from the ownership of the net; and
d. An explanation of the rules for depreciation used.
The Network Manager shall indicate in the accounts the methods and criteria used in the preparation of the system.
4 The attributing of costs to activities referred to in paragraph 1 shall be consistent with the actual use of financial resources or other resources for those activities.
5 Changes to the rules on depreciation referred to in paragraph 2 shall be given in accordance with the accounts.
6 In the notes to the financial statements, each related company with which a network operator has entered into an agreement the proceeds of or the cost of which exceeds EUR 4 500 000 shall be entered. The number of such contracts shall also be notified per holding.
7 If a network operator does not already disclose its financial statements or a corresponding financial statement by virtue of a legal obligation, he shall submit those annual accounts or that summary for each person to inspect the office of his principal place of business.
8 By ministerial arrangement, detailed rules may be laid down regarding the establishment of the accounts for the activities referred to in the first paragraph.
9 A network administrator shall publish annually a report of the separate accounts referred to in paragraph 2 and the data showing that the network operator complies with the rules on sound financial management, as set out in the Annex. Article 18a, first paragraph .
In the case of ministerial arrangements, detailed rules shall be laid down in respect of:
a. the content of an application for a delivery permit and the information to be submitted thereto;
b. the manner in which an application for a delivery permit is submitted and handled;
c. the manner in which the Article 44 the obligation referred to is fulfilled;
d. the contents of the following Article 46 information to be provided.
1 A party that has a dispute with a network administrator on the manner in which it exercises its duties and powers under this Act or fulfils its obligations under this Act may lodge a complaint with the Consumer Authority. Submit market.
2 The Consumer and Market Authority decides on a complaint within two months of receipt of the complaint. If the complaint relates to charges for connection to the grid of a large unit of production, the Authority can set a longer term. The Consumer and Market Authority may, by two months, extend the period specified in the first sentence if it needs additional information. If the complainant agrees to do so, further extension is possible.
3 The work of dispute shall not be carried out by persons involved in work on the ground of Chapter 3, paragraphs 4 to 6 .
4 The decision of the Consumer and Market Authority is binding.
5 The lodging of a complaint as referred to in paragraph 1 shall be without prejudice to any possibility for the party concerned to use a legal remedy available to him.
In the case of a cross-border dispute, the Consumer and Market Authority is not competent to decide on a complaint as referred to in the Article 51 , if the network operator complained against is under the jurisdiction of another Member State of the European Union.
A ministerial arrangement shall lay down rules on one or more conditions specified in the Article 54, first paragraph , including in any case, rules on accountability in the notes on the financial statements of compliance with the conditions laid down under this Chapter.
1 Having regard to the provisions of the Article 53 (a) a proposal for a representative volume of undertakings engaged in transporting, supplying or measuring electricity to the Authority and Market Authority for the supply and supply of electricity to the Authority and the consumer in the framework of administrative processes to apply terms to how the data associated with those administrative processes is recorded, exchanged or used or relating to the manner in which and term of time where that information is kept, including in any case conditions which provide that:
a. In the case of a change of supplier, the intended supplier; and
b. in the case of a move, the supplier of the customer
be responsible for the collection of data from the customer.
2 Companies that make a proposal are holding consultations on this proposal with representative organizations of parties in the electricity market.
3 In the proposal to be sent to the Consumer and Market Authority, the undertakings shall indicate the inferences which they have linked to the views expressed by the organisations referred to in the second paragraph.
The Consumer and Market Authority shall lay down the conditions in accordance with:
a. the proposal as referred to in Article 54, first paragraph ,
b. the results of the consultations provided for in Article 54, second paragraph ,
c. the rules referred to in Article 53 , and
ed. Article 36, first paragraph, parts b to f, and second member .
1 Upon Receipt Of A Proposal as referred to in Article 54, first paragraph , the Authority and Market Authority may contribute to the undertakings submitting the proposal within four weeks and taking into account its findings, including its findings on the interests of the Member States. Article 36, first paragraph, parts b to f , the rules, meant in Article 53 Or amend the proposal in Article 36 (2). If the Authority is using Consument and Market for this matter Article 4:15 of the General Administrative Law applicable mutatis mutandis.
2 If the undertakings referred to in paragraph 1 do not change the proposal in accordance with the instructions of the Consumer and Market Authority within four weeks, the Consumer and Market Authority shall lay down the conditions for the application of the any changes such that they are in accordance with the interests referred to in Article 36, first paragraph , parts b to f, with Article 36, second paragraph, or with the rules referred to in Article 53 .
1 The Consumer and Market Authority may, on its own initiative, draft a decision to amend the terms and conditions referred to in Article 2 (1) (b) (2). Article 54, first paragraph Or, a representative part of the undertakings referred to in Article 54 (1) may be prepared to prepare a proposal for that purpose and to transmit it to it.
2 Undertakings as referred to in Article 54, first paragraph The representative organizations referred to in Article 54 (2) may make known their views on such a draft decision to the Consumer and Market Authority within 12 weeks of the date on which the draft of the decision has been published.
3 If the undertakings and representative bodies referred to in paragraph 2 do not make known their views on the draft decision within the period referred to in the second paragraph, the Consumer and Market Authority shall adopt the decision by observance of the interests referred to in the Article 36, first paragraph, parts b to f -with Article 36, second paragraph, and with the rules referred to in Article 36, Article 53 .
(4) If the undertakings referred to in paragraph 1 do not send a proposal to the Consumer and Market Authority within 12 weeks of the transmission of the contract referred to in paragraph 1, the Authority shall determine the terms and conditions of the Agreement. having regard to the interests referred to in Article 36, first paragraph, parts b to f -with Article 36, second paragraph, and with the rules referred to in Article 36, Article 53 .
As regards the conditions laid down by the Consumer and Markets Authority in accordance with the provisions of this Chapter, the Articles 37a and 38, first to third members , mutatis mutandis.
1 The Consumer and Market Authority on the basis of Article 31, first paragraph , information code adopted on 6 March 2007 (Stcrt. 2007, 49) shall be regarded at the time of entry into force of this Chapter as conditions laid down in accordance with this Chapter.
2 At the latest 12 weeks after the entry into force of this Chapter, the Authority will receive a proposal as referred to in the Article 54, first paragraph , the aim of which is to extend the information code referred to in paragraph 1 to conditions for all types of undertakings as referred to in Article 54, first paragraph.
1 The task of producers and suppliers is to promote, in the light of the importance of the protection of the environment referred to in Article 3 (2) of the Directive, that electricity produced by themselves and by customers in an efficient and efficient way. is produced or used in an environmentally sound manner.
2 Every producer or supplier who returns 10 GWh or more on average per year shall report to our Minister once every two years before 1 March of the manner in which he/she carries out in the two years preceding the year in which the notification is made. given to its task, as referred to in the first paragraph.
1 Our Minister is in charge of publishing and taking through an electronic system of:
a. Guarantees of origin for renewable electricity;
b. Guarantees of origin for electricity generated in an installation for high-efficiency cogeneration.
2 Our Minister opens an account at the request of a producer, supplier, trader or customer established in the Netherlands. In this application, the producer shall submit the result of the determination of the product concerned. Article 16, first paragraph, part h .
3 Our Secretary of State makes an application for guarantees of origin as referred to in paragraph 1 above if a producer established in the Netherlands makes the information concerning the information given by the network manager or by any other person, as established in the Netherlands. Measuring competent authority measured quantity of sustainable electricity or electricity generated in an installation for high-efficiency cogeneration.
Our Minister can do the tasks, intended Article 73 , mandateren to a non-subordinate that is independent from producers, suppliers and traders.
1 A guarantee of origin for renewable electricity shows, in case of exclusion, that the amount of electricity subsequently declared is generated from renewable sources.
2 A guarantee of origin for electricity generated in an installation for high-efficiency cogeneration shows, in case of exclusion, that the amount of electricity subsequently declared is generated in an installation for high-efficiency cogeneration.
1 Where, in this Act and the provisions based thereon, reference is made to guarantees of origin for renewable electricity, guarantees of origin for renewable electricity shall be issued by independent bodies in another Member State of The European Union, whose nature and scope correspond to the former guarantees of origin for renewable electricity, shall be treated in the same way as they are.
2 Where, in this Act and the provisions based thereon, reference is made to guarantees of origin for electricity generated in an installation for high-efficiency cogeneration, guarantees of origin for electricity shall be generated in a installation for high-efficiency cogeneration issued by independent bodies in another Member State of the European Union, whose nature and scope correspond to the former guarantees of origin, treated as such.
1 Our Minister proposes, by ministerial arrangement, tariffs for costs associated with acts relating to guarantees of origin, intended to be used in Article 73, first paragraph .
2 Our Minister lays down rules on ministerial regulations concerning:
a. information provided to our Minister by producers, suppliers, traders, customers or network operators;
(b) the issuing and the period of validity of guarantees of origin specified in: Article 73, first paragraph ;
(c) the indication of data on guarantees of origin specified in: Article 73, first paragraph ;
d. the conditions under which and the manner in which producers, suppliers, dealers or customers can make use of the guarantees of origin obtained by them, intended Article 73, first paragraph , or trade them;
e. the determination of the Article 16, first paragraph, part h ;
f. Measuring, intended Article 16, first paragraph, part 1 , and Article 16a, second paragraph .
3 The rules referred to in paragraph 2 may vary according to the different types of guarantees of origin specified in the Article 73, first paragraph .
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
This part has not (yet) entered into force; see the summary of changes
1 Our Minister may grant a grant to the network manager of the net at sea for the construction, management and maintenance of the net at sea.
2 The grant shall cover, in whole or in part, an amount composed of the established permitted income referred to in Article 42e, first paragraph , having regard to the corrections referred to in Article 42e, second and fifth paragraphs.
3 In the case of, or under general management, detailed rules on the provision of the subsidy may be laid down.
4 The nomination for a general measure of management to be adopted under paragraph 3 shall not be taken until four weeks after the draft has been submitted to both Chambers of the States General.
The Consumer and Market Authority may, in the case of violation of the provisions of, or under this Act, except for Article 5a , 13 , 22, second paragraph , 26aa , 26ad, fifth member , and 26ae, Tenth Member , or breach of the provisions of Regulation 714/2009, Regulation 713/2009 and Regulation 1227/2011, impose a penalty on the offender.
1 The Consumer and Market Authority may in cases of infringement of the provisions of or pursuant to:
a. the Article 4a, third paragraph , 10, sixth and seventh members , 9h , 11a, second member , 11b, third member , 12, first and second members , 15, eighth member 16, first paragraph, parts g, k and l, second member, part g, and sixteenth member , 16Aa, third and fourth member , 16a , 17, fourth paragraph , 17a, third and fourth member , 18, third member , 19b , 19c , 19d , 19th , 21, ninth paragraph, second sentence , 24, second paragraph , 24a , 26ad, 11th Member , 26ae, twelfth and fourteenth member , 38, third member , 39 , 42, third member , 68, second paragraph , 71 , 78, second paragraph , 95b, second and eighth members , 95th , 95k , 95l and 95% and Articles 8, 9 and 15 of Regulation 1227/2011, the offender to impose an administrative fine of up to € 900,000 or, if that is more, 1% of the offender's turnover; and
b. the Articles 10a, first and second members , 10b, second to fifth members , 11, 1st Member , 11a, third member , 11b, 1st and 2nd Member , 15a, second member , 16, first paragraph, parts a to f, h to j, n, o and p, second member, parts a to f, fourth member and sixth member , 16Aa, first and second members , 17, first and second members , 17a, first and second members , 18, 1st Member , 18a , 19a , 20, third member , 21 , 23 , 24, first and third members , 24Aa , 26ab , 26ac , 26ad, first to fourth members , 26ae, first to fourth member, sixth, seventh and ninth members , 31, 1st Member , 31b , 36 , 37 , 43 , 55 , 56, second paragraph , 57, third and fourth members , 68, 1st Member , 79 , 84 , 86, first, second and fourth members 86d , 86th , 93b , 95a, first member , 95b, first and fifth members , 95ca , 95cb, first, second, fifth and sixth member , 95f, second member and 95m and Articles 3, 4 and 5 of Regulation 1227/2011, the offender shall impose an administrative fine of up to € 900,000 or, if that is more, 10% of the offender's turnover.
2 The administrative penalty, which may be imposed at the highest level pursuant to paragraph 1 (a) and (b), shall be increased by 100% if, within a period of five years preceding the date of the day of the day of the day of the infringement of the offence, the in Article 5:48, first paragraph, of the General Law governing the administrative law , an administrative fine imposed on that offender for a previous infringement of the same or a similar legal requirement has become irretrievable.
1 The Minister may require a producer, a supplier, a trader, a network manager, an exchange of electricity or a gas exchange or a customer to give him access to information and documents or to provide information and information which he/she gives to his or her own company. necessary for the implementation of the tasks conferred on it by this Law and Regulation 714/2009.
2 The person to whom a request has been made to give access to data and documents and to provide information and information shall be obliged to cooperate, within the reasonable period laid down by our Minister, with all the cooperation which the Commission may wish to make. may reasonably be able to claim in the exercise of its powers.
3 Our Minister uses modest, information or intelligence on a producer, a supplier, a trader, a net manager, an electricity or gas exchange or a customer whom he has obtained in connection with any activity for the benefit of: the execution of one of its tasks under this Law or Regulation 714/2009, solely for the purposes of this Act or Regulation 714/2009.
4 If Our Minister, On The Basis Of Article 16, second paragraph, part f , the network manager of the rural high voltage network, instructs the work to be carried out in order to carry out the task, Article 4a , the first to and including the third paragraph shall apply mutatis mutandis to that network operator.
1 A network operator who, in the performance of its duties, is given the information which he or she has the confidential character of or should reasonably suspect, shall be subject to the confidentiality of such data, except in so far as any legal obligation is required to ensure that such information is not disclosed. He shall require him to communicate, or the need for communication arises from his or her mission.
2 If a network operator makes available to others information about his business operations which may be of commercial benefit to others, he shall do so in a non-discriminatory manner.
The nomination for a under Article 29 , 84 or 85 to adopt general measures of management and for a change in the amount of Article 20 general measure to be adopted shall not be taken until four weeks after presentation to the two Chambers of the States-General.
A representative organisation of the parties to the electricity market shall be deemed to be interested in a decision, other than a decision, taken under this Act.
Provincial states and the city council do not have the power to generate, transport and supply electricity in the interests of energy supply to rules.
In the case of a general measure of management, rules may be laid down pursuant to the Treaty on the Functioning of the European Union in implementation of a decision on the following:
a. The rates and conditions which interconnector operators shall calculate shall be taken into account for the purpose of carrying out the transport of electricity by means of a cross-border network;
(b) conditions imposed by a network operator or a supplier in the interests of safety and efficiency for the supply of electricity or for the connection of appliances or installations which use electricity.
1 In accordance with rules to be laid down or under general rule, a fee to be determined by Our Minister shall be payable for the granting of consent as referred to in Article 4 of the Article 12, second paragraph , of a designation as intended Article 13 , from a waiver provided for in Article 86c , or a permit as referred to in Article 95d The reimbursement shall not exceed the costs of the agreement, designation, exemption, or authorisation.
2 Our Minister may claim the amount due in the case of a compulsory order. As far as the fees referred to in paragraph 1 are not applicable, the Commission shall: Title 4.4 , except the Articles 4:85 and 4:95, of the General Law governing law applicable mutatis mutandis.
1 A producer or a supplier shall keep separate accounts for the production of electricity by the use of its installations and the supply of electricity to customers. If the producer or supplier carries out any activities other than those relating to the production or supply of electricity, it shall also carry out separate accounts, whether or not on a consolidated basis.
2 Article 43, second to seventh paragraphs , shall apply mutatis mutandis to the accounting and financial statements of the producer or supplier.
3 The first and second paragraphs shall not apply to suppliers who otherwise supply electricity other than business.
4 A supplier shall keep the accounts referred to in paragraph 1 at the disposal of the Consumer and Market Authority and the European Commission for a period of five years.
5 The Consumer and Market Authority may make information from the supplier's accounts available to the market parties, if the third paragraph of Article 40 of the Directive is fulfilled.
1 On agreements for the transport or supply of electricity, Dutch law applies.
2 The Netherlands courts have exclusive jurisdiction to hear disputes concerning contracts for the transport or supply of electricity.
3 A clause which is included in an agreement for the transport or supply of electricity in violation of the first or second member shall be null and void.
4 The first to third paragraphs shall not apply to an agreement for the supply of electricity which a supplier or dealer closes with a person with a connection to a network with a total maximum throughput of that electricity. more than 3 * 80 A and an available power of at least 2 MVA per connection.
5 The applicability of this Article shall be limited by mandatory provisions of international law.
Ministerial rules lay down rules on establishing whether a production facility for climate-neutral electricity is concerned, and whether the facility to measure the climate-neutral electricity measurement is suitable for the measurement of climate-neutral electricity. Such a production plant shall be generated and fed into the grid.
1 Our Minister shall decide on a request for a derogation as provided for in Article 17 of Regulation 714/2009. The Consumer and Market Authority or, where appropriate, the Agency, shall deliver an opinion to our Minister on decisions to be taken as referred to in the first sentence of the first sentence.
2 In a national cross-border network which is in possession of a derogation as referred to in paragraph 1 above, Article 93 Not applicable.
If, pursuant to Article 8 (1) of Regulation 713/2009, the Agency is competent to take a decision on cross-border infrastructure, the Authority shall not be empowered to do so.
Where necessary in the interest of a sufficiently transparent and liquid market for demand and supply of electricity, transport capacity or production capacity or in the interests of related security of supply, will be necessary, pursuant to a general measure of administration, rules shall be laid down on:
a. the manner in which or the conditions under which producers, traders, suppliers or grid operators offer electricity, transport capacity or production capacity;
b. The information provided by producers, traders, suppliers or grid operators with respect to the supply and demand of electricity, transport capacity or production capacity.
1 Our Minister shall designate one or more legal persons with the task of establishing and maintaining a grant. Our Minister may lay down rules relating to the procedure for the designation of a grant. Instructions and restrictions may be attached to a designation.
2 A legal person referred to in paragraph 1 shall draw up a stock exchange regulation. The stock exchange regulations need the approval of our Minister. Notice of the adoption decision shall be made in the Official Journal.
3 The network manager of the national high voltage network shall be obliged to the legal person referred to in paragraph 1 and to the third party established by that legal person, in so far as it relates to the handling of the trade fair. agree to grant the requested cooperation, in so far as such cooperation is necessary for the proper performance of the task imposed on that legal person. Our Minister may lay down detailed rules on cooperation to be provided by the network manager of the rural high voltage network.
4 The legal person referred to in paragraph 1, who, in the performance of his duties, is given the information of which he is of the confidential nature or is reasonably presumed to be confidential, shall be required to maintain the confidentiality of such data, except in so far as the articles of this law require him to communicate or the need for communication arises from his or her mission.
5 Producers, suppliers, traders, customers and shareholders shall abstain from any interference in the performance of the task assigned to the legal person referred to in paragraph 1.
1 Any change in control of the control referred to in Article 26 of the Competition Act in a production plant with a rated electrical power of more than 250 MW or an undertaking managing a production plant with a rated electric power of more than 250 MW, is subject to one of the conditions of this amendment. parties reported to Our Minister.
2 Our Minister may, in accordance with considerations of public security, prohibit security of supply or supply security, prohibit or lay down the amendment referred to in paragraph 1.
3 Acts carried out in violation of the first paragraph shall be voidable by a court ruling.
4 In the case of a ministerial arrangement, rules shall be laid down regarding the notification referred to in paragraph 1.
1
Each producer and consumer of electricity has actual freedom of choice of supplier.
2 The first paragraph shall apply mutatis mutandis to any person intending to produce or use electricity and who requests that it be connected to a network of electricity.
1 The Consumer and Market Authority shall process a registration as referred to in Article 9, first paragraph, of Regulation 1227/2011 as soon as possible.
2 In the case of ministerial arrangements, rules may be laid down regarding registration provided for in paragraph 1.
1 It is prohibited to act in breach of Articles 3, 4 and 5 of Regulation 1227/2011.
2 Offense of the first member is a felony.
In the application of Article 30, second paragraph As before 1 July 2011, the rate referred to in Article 30, first paragraph, shall be charged or could be taken into account only if the same connection was made of electricity consumption and a connection to a connection to a single market. just that is managed by a network administrator.
1 If, in the period between 1 July 1996 and the date of the designation of the network manager, Article 10 , a change has occurred in respect of ownership of the relevant net or of the shares in a legal person to whom the relevant net belongs is required for the designation of the network manager that our Minister does not has reservations about that amendment.
2 The ownership of a net or rights to a net is directly or indirectly vested in the state, provinces, municipalities or other public bodies.
3 The shares of a network manager shall be based directly or indirectly on the State, provinces, municipalities or other public entities.
4 Under the indirect basis of the second and third paragraphs, ownership of a net or rights to a network or shares in a network manager shall be the property of one or more legal persons whose shares are held by the person concerned. State, provinces, municipalities or other public entities or by a legal person who is a full subsidiary of one or more legal persons whose shares are held by the State, provinces, municipalities or any other public Bodies.
The shares of the net operator of the national high voltage network shall be based directly or indirectly on the State.
1 It is prohibited to supply electricity without a licence to customers who have a connection to a net with a total maximum pass value of not more than 3 * 80 A.
2 The prohibition shall not apply in respect of the supply of electricity:
a. if the electricity is generated by an installation that takes account of the customer's account and the risk of the customer, or whether, for a proportionate share, together with other customers, it will enter into force and the customer consumthuses the electricity supplied;
b. A supplier of electricity established outside the Netherlands to a maximum of 500 customers, referred to in the first paragraph, who live in areas on the Dutch national border;
c. where the customer belongs to the same legal person as the producer who generated the electricity or a subsidiary thereof within the meaning of Article 24a of Book 2 of the Civil Code and the customer consumating the electricity supplied; or
d. if the electricity is supplied differently from the business sector according to rules to be laid down by ministerial regulation;
e. if the electricity is delivered under an agreement as intended in Article 95n .
1 A holder of a licence shall have a duty to ensure the supply of electricity at reasonable rates and conditions, at reasonable rates and conditions, for each of the products in question. Article 95a, first paragraph , requested customer, who so requests. In any event, the conditions are not reasonable if they are not in accordance with the provisions of Article 95m . Article 26a, fifth paragraph , shall apply mutatis mutandis.
2 A licence holder shall provide the Consumer and Market Authority each year and four weeks for the change of rates an indication of the rates he calculates and the terms and conditions used in the supply of electricity to the in Article 95a, first paragraph , intended customers.
3 If the Authority considers that the tariffs charged by holders of a licence are unreasonable, because they consider the effects of an efficient business operation, including the purchase of electricity and electricity, energy sources intended for production, to a sufficient extent to reduce costs, it may set a price that suppliers may charge to the highest for the supply of electricity to customers as intended for the purpose of Article 95a, first paragraph .
4 After the fixing of the maximum rate referred to in the third paragraph, the tariffs for the supply of electricity to customers shall be as set out in Article 95a, first paragraph which are higher than that maximum rate imposed by the application of that maximum rate.
5 In the case of a general measure of management, detailed rules may be laid down for determining whether the rates referred to in paragraph 2 are unreasonable and the maximum rate referred to in the third paragraph. Nominations for general measures to be adopted pursuant to this paragraph shall not be made more than four weeks after presentation to the two Chambers of the States-General.
6 The second to the sixth paragraph shall expire on a date to be determined by the Royal Decree. The proposal for a royal decree to be adopted pursuant to this paragraph shall not be made more than four weeks after presentation to the two Chambers of the States-General.
7 A network operator and a permit holder conduct a policy aimed at preventing the conclusion of a customer as intended. Article 95a, first paragraph , in particular during the period from 1 October to 1 April of any year.
8 By ministerial arrangement rules are set about ending the supply of electricity to a customer as intended. Article 95a, first paragraph , as well as on preventive measures to prevent the closure of such customers as much as possible. In any event, such rules shall mean that a customer shall not be closed during the period from 1 October to 1 April of any year, except in cases indicated in the scheme.
9 The preventive measures referred to in paragraph 8 may also include consultations with bodies designated in that scheme and, in such cases, to the body concerned in that scheme. the customer is provided with details of the customer.
10 The ministerial arrangement, referred to in paragraph 8, shall be established no earlier than after the joint network operators and the permit holders and the consumer organisations have been given the opportunity to give their views on the content of the agreement. of the scheme.
11 In the case of ministerial regulations, rules are laid down on limiting the supply of electricity. These rules shall in any event determine when and under what conditions the supply of electricity may be limited.
12 The Consumer and Market Authority publishes annually, on the basis of the information obtained pursuant to paragraph 2, recommendations on the conformity of delivery prices with Article 3 of the Directive.
1 Provisions contained in contracts for the supply of electricity to customers with a connection to the net with a total maximum throughput of not more than 3 * 80A and whose objective is the generation of sustainable electricity to prohibit electricity shall be non-binding.
2 A licence holder is required to accept an offer from a customer referred to in the first member for the return of renewable electricity produced by him.
1 A supplier enables a measurement company for the collection, validation and determination of measurement data related to customers as intended in the product. Article 95a, first paragraph .
2 By way of derogation from the first paragraph, the measurement data relating to:
a. a legal person or a natural person acting in the exercise of an occupation or business; and
b. Other than one or more connectors having a pass value less than or equal to 3 * 80 A at least one connector has a pass value greater than 3 * 80 A, collectable, validated and determined by the measurement company that disabling legal person or natural person.
3 If a supplier for the supply of electricity to customers as intended in Article 95a, first paragraph , based on measurement data, he uses measurement data that the measurement company has collected, validated and established.
4 A measurement company provides only measurement data to anyone other than the customer concerned as referred to in Article 95a, first paragraph , or the supplier concerned if the other concerned, on the basis of the relevant measurement data Article 8 of the Personal Data Protection Act may process.
1 A supplier shall have in respect of a customer as referred to in Article 95a, first paragraph , in order to invoice and collect the sums due by this buyer for the execution of the tasks entrusted to the network administrator by or under this Act. The vendor shall not charge the network administrator for this purpose.
2 The first paragraph shall not apply to amounts which are based on single-character tariffs.
3 The payment by a customer as referred to in Article 95a, first paragraph , to a supplier of the amounts invoiced in accordance with the first and second paragraphs shall be deemed to be liberating.
4 Legal claims for the payment of the amounts invoiced by the supplier in accordance with the first and second paragraphs and of the amounts invoiced in accordance with Article 16b, second paragraph , invoiced tariffs, over the course of two years. If the supplier has not made a claim for the payment of a debt of a recipient for the performance of the tasks referred to in the first paragraph within two years after the claim has become due, the right shall lapse. payment of the payment.
5 A supplier shall pay the amounts invoiced or to be invoiced in accordance with paragraph 1 to the relevant network operator in accordance with the period of time.
6 In the case of ministerial arrangements, rules on the size and timing of the levy referred to in paragraph 5 shall be laid down for the purpose of a uniform assignment to the network operators.
1 Our Minister shall issue a licence on request if the applicant provides sufficient evidence that he:
a. possesses the necessary organisational, financial and technical qualities for the proper execution of his task;
b. reasonably capable of fulfilling the obligations laid down in this Chapter.
2 In the case of a general measure of management, detailed rules shall be laid down concerning the content of and the procedure for the application of a licence and the criteria referred to in the first paragraph.
1 Our Minister may attach regulations and restrictions to a permit.
2 Our Minister may amend the rules or restrictions attached to a licence.
3 A licence may be transferred only to another holder of a licence with the permission of Our Minister.
4 Article 95c shall apply mutatis mutandis to the granting of consent as referred to in the third paragraph.
1 Our Minister may withdraw a licence if:
(a) the holder of the authorization so requests;
(b) the holder of the licence does not sufficiently meet the obligation to comply with the requirements of the Article 95b ;
(c) the holder of the authorisation fails to comply with the rules or restrictions imposed in the authorisation;
(d) the holder of the authorisation has supplied incorrect or incomplete information in the application and would have provided the provision of correct and complete information to a different decision on the application;
e. the holder of the authorisation in the opinion of our Minister for other reasons should no longer be considered to be able to comply with the licensed activity or the licensed provisions;
(f) the holder of the authorisation is subject to or pursuant to the Articles 95k and 95l does not comply.
2 In the case of a general measure of management, detailed rules may be laid down as regards temporary provisions and the procedure for the revocation of a licence.
For the purposes of this paragraph:
a. generation data:
1º. the share of each energy source in the total fuel mix that the supplier has used in the previous year; and
2 °. the environmental impact, in terms of carbon dioxide emissions and of radioactive waste, due to electricity production with different energy sources caused by the total fuel mix the supplier has in the previous year used;
references to available reference sources, where each accessible information is available on the environmental impact, in terms of emissions of carbon dioxide and of radioactive waste, as a result of electricity production with several energy sources caused by the total fuel mix the supplier has used in the previous year;
b. Final customers: customers to whom electricity is supplied only for their own consumption.
1 The supplier shall report in a comprehensible manner and in such a way that the data from different suppliers may be compared:
a. By the period from 1 May of each calendar year to 1 May of the following year, the generation data of the electricity delivered to its final customers in the calendar year preceding that period, on or at the account and in the promotional material or
b. On or by the account, the generation data of the electricity delivered by him during the period to which that account relates to its final customers; and
c. each calendar year, the generation data of the electricity delivered to its final customers in the previous calendar year on its final customers website.
2 A producer or a trader shall report to the supplier, at the latest two months after 1 January of each calendar year, the generation of electricity produced or traded by him in the previous calendar year.
3 The reliability of the generation data of the electricity for which certificates, guarantees of origin for renewable electricity or guarantees of origin for electricity generated in an installation for high-efficiency Combined heat and power generation certificates, guarantees of origin for renewable electricity or guarantees of origin for electricity produced in an installation for high-efficiency cogeneration shall be provided by means of those certificates. guaranteed.
4 If the manufacturer, trader or supplier is part of a group as referred to in Article 24b of Book 2 of the Civil Code The generation data of the group as a whole shall also be indicated at or at the end of the customer's final customer account, as well as to the final customer's promotional material.
Our Minister may lay down detailed rules on:
a. the generation data that the supplier indicates on or in the final customer's account, and the manner in which such data is displayed;
b. the manner in which the generation data is transmitted by the producer, trader and supplier;
c. the manner in which the generation data from imported or delivered electricity imported or delivered to the Netherlands is reported;
d. the manner in which the reliability of generation data is guaranteed at least;
e. the deadline and the manner in which the supplier mentions the generation information of the electricity delivered to his final customers by him in the preceding calendar year on its final customers website.
6 The obligations set out in this Article may be subject to derogation only.
7 In addition to the first paragraph, the supplier shall report to the account and in the promotional material information concerning the rights of final customers in relation to dispute resolution.
The environmental impact of this article means at least the emission of carbon dioxide and radioactive waste.
2 The supplier shall give to its final customers at least once per calendar year a choice of energy sources which it will use, indicating the environmental impact to be expected of electricity generation from those energy sources.
3 Final customers make a choice from the supplier ' s offer and make this choice known to the supplier.
4 If a final customer makes no choice within the time limit prescribed by the supplier, the supplier shall provide the final customer to the final customer.
5 A producer or a trader gives a supplier a choice of energy resources from which it can obtain electricity, indicating the environmental impact that can be expected from electricity production with those energy sources.
6 A producer or trader shall report to the supplier the share of any energy source from which the supplier has received electricity and the environmental impact of the electricity production with those energy sources.
7 The supplier shall report on or upon the final customer's account the share of any energy source that the supplier has used to supply to that customer and to the environmental impact of the electricity production with those energy sources.
8 Our Minister may lay down detailed rules regarding the manner in which:
a. the reliability of the information of a manufacturer or trader to the supplier shall be guaranteed at least;
b. At least the reliability of supplier information to the final customer is ensured.
9 This Article shall enter into force from 1 January 2007, or on a date previously determined by royal decree.
1 In the case of, or under general management, rules shall be laid down regarding requirements to be met by a measuring device, which shall comply with this Article, at least, which may differ by category of customers.
2 The general measure of management referred to in paragraph 1 shall at least demand the functioning of the measuring device.
3 In the case of, or under general management, detailed rules may be laid down on measuring devices, including in any case rules on the installation of measuring devices and rules on the administration in relation to the replacement, installation, or removal of measuring devices.
4 The nomination for a general measure of directors to be adopted under this Article shall not be made after the design has been published in the Official Journal and shall be given to any person concerned within four weeks of the day on which the The announcement was made, wishes and concerns of our Minister for Economic Affairs. At the same time as the publication, the draft shall be submitted to the two Chambers of the States-General.
In the case of, or under general management, rules shall be laid down on:
a. the establishment of energy cost estimates and invoices on the consumption of electricity;
b. the frequency of invoices relating to the consumption of electricity,
c. to provide data on the consumption of electricity,
d. Those providing the information referred to in parts a, b and c, which rules may vary by category of recipients of the information referred to in points (a), (b) and (c);
e. to send invoices, billing information and energy cost estimates at the request of a customer, if necessary by electronic means;
f. the cost of access to measurement data and of billing and
g. those who may request the information referred to in subparagraph (e).
Rules on the information provided by network operators, suppliers or dealers in contracts, accounts or receipts, which may vary by category of customers, shall be governed by, or pursuant to general measures of management, by means of contracts.
[ Expired]
1 The terms and conditions attached to a delivery or transportation agreement with a customer as intended Article 95a, first paragraph , they are transparent, honest and well known. The terms and conditions shall at least be provided for the conclusion of the agreement and shall be in clear and intelligible language.
2 Suppliers ensure that customers are as intended Article 95a, first paragraph , at all times, obtain transparent information on the applicable rates and conditions for the supply and transport of electricity.
3 It is prohibited for the holder of a licence to be used in such a way as to provide customers as intended Article 95a, first paragraph , to be considered that there is no clarity as to the fact that a contract has been concluded, the duration of the contract, the terms and conditions for the extension and termination of the contract, the existence of a right to denunciation and the conditions of termination.
4 A contract concluded in violation of the provisions of or pursuant to this article shall be voidable.
5 A supplier provides a customer for the purpose of Article 95a, first paragraph , at least an agreement for the supply of electricity for an indefinite duration on.
6 If the customer is referred to in the Article 95a, first paragraph , if it makes no explicit choice for an agreement for a certain period of time, it is deemed to have opted for an agreement for an indefinite period.
7 A customer as intended in Article 95a, first paragraph , any agreement for the supply of electricity may be terminated by a period of 30 days.
8 If there is a fixed-term contract, the supplier may include in this agreement the payment of a reasonable fee by the purchaser upon an interim termination of the agreement. If there is an agreement for an indefinite period of time, such a fee cannot be included in the agreement.
9 By Ministerial Regulation, implementing the Directive lays down detailed rules on the protection of customers as set out in the Directive. Article 95a, first paragraph .
10 Suppliers will provide customers with a summary of practical information on the rights of customers set by the European Commission and make this overview available.
1 Of the Articles 95b and 95m, 2nd, Third and Eighth to 12th Member , a derogation may be made in the case of an agreement for the supply of electricity to a group of customers, where:
a. the majority of such customers are legal persons or act in the exercise of an occupation or business;
b. to be represented by all customers in the agreement; and
(c) the representative shall ensure that he has access to representation under the Agreement in respect of all connections with a pass value of 3 * 80 A or less.
1 Suppliers are obliged to supply to customers as intended Article 95a, first paragraph , in addition to any other free contract forms, delivery according to a model contract to offer.
2 The Consumer and Market Authority sets out the model contract, after consultation of suppliers ' organisations, network operators and customers.
1 The supplier provides a transparent, simple and inexpensive procedure for handling complaints from customers as intended Article 95a, first paragraph -About the delivery.
2 The procedure referred to in the first paragraph shall also provide that:
(a) the treatment of the complaint is carried out by a person who has not been involved in the conduct to which the complaint relates,
(b) the complainant is informed in writing and reasons of the findings in response to the complaint and of the conclusions attached to it;
The complaint shall be dealt with as soon as possible but at the latest within eight weeks.
3. If a supplier of a customer as intended in Article 95a, first paragraph , a complaint or question about the network management, the supplier shall promptly forward it to the network manager, to whom the complaint or question relates, together with a simultaneous communication to the complainant or the applicant.
1 [ Red: Change the Electricity Act 1989.]
2 The Law of Electricity 1989 is repealed.
1 The articles of that law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.
2 Article 89 shall enter into force at the date of royal decree and shall be operational until 1 January 1998.
3 Paragraph 8.1a shall enter into force as from the date on which Chapter 4 shall be deleted, or at an earlier date to be determined by royal decree.
This law is cited as: Electricity Act with reference to the year of the Official Gazette in which it is to be placed.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued at The Hague, 2 July 1998
Beatrix
The Minister for Economic Affairs,
G. J. Wijers
Published the sixteenth of July 1998The Minister of Justice,
W. Sorgdrager
