Key Benefits:
Law of 17 June 2013, laying down rules on the supply of heat to consumers (Heat Act)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we consider that it is desirable to ensure, for the sake of consumer protection, with due regard to the importance of a reliable, sustainable, environmentally sound and efficient operation of the heat supply. to establish a system for the supply of heat to consumers;
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:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Our Minister: Our Minister for Economic Affairs;
b. Consumer Authority and Market Authority: the Consumer and Market Authority, mentioned in Article 2, 1st paragraph, of the Incomposition Act Authority of Consumer and Market ;
c. Heat set: (i) the whole of connected pipes, connected pipes, associated installations and other auxiliary equipment to the transport of heat, except to the extent that such pipes, installations and devices are situated in a building the work of a consumer or a producer and the supply or disposal of heat for the purposes of that building or work;
ed. heat: hot water or tap water intended for space heating, sanitary purposes and domestic use;
e. supply of heat: the delivery of heat to consumers;
f. Developer: a person who develops a construction project in an area where the building heater is or will be taken care of by means of a hot set;
g. Consumer: A person who decreases heat from a heat set and has a connection of not more than 100 kilowatts;
h. vendor: a person concerned with the supply of heat;
i. producer: a person concerned with the production of heat;
j. permit holder: the holder of a licence as referred to in Article 9 ;
k. representative organisation: a legal person representing the interests of producers, suppliers or consumers in the heat sector;
l. Landlord: an authorised institution as specified in Article 19, first paragraph, of the Housing Act , or an owner of at least 25 residential premises intended for hire in the Netherlands, or the person authorised by that owner to act on his behalf;
m. renewable energy sources: renewable energy sources as referred to in Article 2 of Directive 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and repealing Directive 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion Directive 2001 /77/EC and 2003 /30/EC (Pb EU 2009, L 140);
n. heat from renewable energy sources: heat generated in a production plant which uses only renewable energy sources or is produced from renewable energy sources in a hybrid production plant which also uses fossil energy sources;
o. Guarantee of origin for heat from renewable energy sources: data relating to heat from renewable energy sources and demonstrating that a producer with its installation has generated an amount of heat from renewable energy sources;
P. measurement company: an organisational unit engaged in the collection, validation and establishment of production data on heat;
q. Production data: the information on the amount of heat from renewable energy sources fed to a heat set by a producer;
r. binding behavior: an independent burden which is not imposed on an infringement;
s. Single load: the single burden of performing certain acts, intended to be carried out in accordance with Article 5:2, 2nd paragraph, of the General Law governing the administrative law , in order to promote compliance with legal requirements.
1 A supplier shall ensure a reliable supply of heat at reasonable conditions and with due regard to a good quality of service.
2 A supplier shall supply the consumers with a complete and sufficiently specified note, at least once a year, in respect of the services it provides.
3 With regard to the supply of heat, the supplier shall pay no more than:
a. The maximum price, for the purpose of Article 5, first paragraph ,
b. the reasonable cost to make available to the heat exchanger, intended to be used in Article 8, first paragraph , and
c. The rate for the measurement of the heat consumption, intended in Article 8 (5) .
4 A supplier shall refrain from any unjustified discrimination against its consumers.
5 A supplier shall adequately inform consumers of any change in the prices for the supply of heat and of any intention to modify the conditions for the supply of heat linked to the supply agreement.
6 The accounting of a supplier shall provide reliable and insightful form of information on the integral costs and revenues associated with the supply of heat and the provision of the connection.
7 A supplier shall keep a record of the registration of the supply of heat and shall publish it in an appropriate manner every year.
8 A producer connected to a heat set is obliged to negotiate the availability of heat at reasonable prices and conditions at the request of the supplier.
1 An agreement for the supply of heat shall be in writing and shall, in any event, contain the following information:
a. The personalia and address of the supplier;
(b) a clear and complete description of the goods and services to be supplied and their agreed quality levels, which in any case relate to the minimum and maximum temperatures of the heat to be delivered, and to prices and conditions under which such goods and services are supplied;
c. the conditions for suspension or termination of the agreement;
d. a description of applicable fees, including the benefit of compensation in the event of a serious failure in the supply of heat, and reimbursement arrangements if the delivered goods and services are not subject to the agreed Meet quality levels.
2 In any case, without prejudice to the jurisdiction of civil courts, a contract shall stipulate that consumers may refer disputes arising out of the agreement in question to an independent arbitration committee. The dispute settlement procedure should be swift, transparent, simple and cheap. The agreement shall specify the manner in which dispute procedures may be initiated.
3 To an agreement for the supply of heat, Dutch law applies. Any other clause is null and void.
4 The level of compensation in the case of a serious failure in the supply of heat referred to in paragraph 1 (d), which may be determined for disturbances of different duration, shall be determined by ministerial arrangement.
1 The supplier shall make any reasonable effort to prevent the conclusion or interruption of the supply of heat, or if an interruption of the supply of heat occurs, as soon as possible, in the work to prevent the closure or interruption of the supply. correct. The closure of a consumer is to be avoided in particular in the period from 1 October to 1 April of any year.
2 The supplier shall inform a consumer at least three days in advance of the work planned by him to interrupt the supply of heat to the consumer.
3 By ministerial arrangements, rules are laid down on the conclusion of the supply of heat, as well as on preventive measures to prevent the end of a consumer.
1 The Consumer and Market Authority fixes the maximum price that a supplier will charge to the highest for the supply of heat. The Decision fixing a maximum price shall be communicated in the Official Gazette.
2 The maximum price:
a. is based on the integral costs that a consumer would have to incur for obtaining the same amount of heat when using gas as an energy source. These costs shall be determined by means of the yield method;
b. is made up of a usage-related part, expressed in euro per gigajoule, and a user-dependent part expressed in terms of an amount in euro.
3 The maximum price 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 maximum price. If, on 1 January, the maximum price for that year has not yet been fixed, the maximum price laid down last shall be up to the date of entry into force of the decision fixing the maximum price for the following year.
4 After the entry into force of the decision fixing the maximum price referred to in paragraph 3, the prices for the supply of heat higher than the maximum price shall be fixed at that maximum price.
5 In the case of, or under general management, detailed rules shall be laid down as to the elements and method of calculation of the maximum price referred to in paragraph 1. The nomination for this 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 If a one-off connection fee is charged by a supplier to an individual customer for an unexpected connection to an existing heat set, this contribution shall not exceed what a gas consumer would contribute in the where there is a connection to a gas network.
2 In the case of, or under general management, rules relating to the connection contribution and the application of the first paragraph shall be laid down.
1 The Consumer and Market Authority collects, analyses and works on information and data relating to the development of the returns in the heat supply market. The Consumer and Market Authority shall, within two years of the entry into force of this Act, report to our Minister after two years of monitoring.
2 [ Red: This member has not yet entered into force.]
3 [ Red: This member has not yet entered into force.]
4 [ Red: This member has not yet entered into force.]
1 The task of a supplier shall be to ensure that a heat exchanger is made available to consumers within a reasonable period of time and at reasonable rates and conditions by means of hire when:
a. An existing heat exchanger should be replaced;
b. A new heat exchanger will be installed in a new building.
2 A supplier shall be responsible for ensuring that, within a reasonable period of time, users and for each unit are made available to each unit an individual metre by means of hire able to display the current heat consumption, and which be able to provide information on the time when actual consumption was in place, when:
a. Consumer calls for it, unless it is technically impossible to make available or is not financially reasonable;
(b) an existing meter is replaced, unless it is technically impossible or not cost-efficient in relation to the estimated long-term potential savings;
c. a new connection is made in a new building;
d. A building is undergoing major renovation.
3 If a measuring device which is legible at a distance by a supplier is made available to a consumer, the consumer may refuse to use it. In this case, the supplier shall not make available a meter which is not remotely readable.
4 A supplier shall read measurement data from a consumer, which shall have a measuring device which is legible at a distance, not remotely if requested by the consumer.
5 The rate for the measurement of heat consumption is determined based on the weighted average of the measurement rates for G6 connections of gas meter from grid operators of gas transmission networks not being the network operator of nationwide heat consumption. gas transport network, for the year t.
6 In the case of, or under general management, rules shall be laid down concerning requirements to which a measuring device meets at least, with respect to measuring devices which are legible at a distance. with regard to the security of measurement data.
7 Others, other than the supplier concerned, shall be prohibited from carrying out a task as referred to in the first and second paragraphs.
1 If the supplier does not base the cost to the consumer for the supply of heat on an individual heat meter as intended for use in the consumer. Article 8 Without prejudice to Article 8, second paragraph, he shall base the costs on the basis of Article 2 (4) , on individual heat cost distributors that measure the heat consumption of each radiator, unless its installation is not cost-efficient.
2 If the supplier does not base the cost of heat supply on an individual heat meter or individual heat cost distributors for the supply of heat, he shall base the costs with due regard to the cost of the heat. Article 2 (4) , on a cost distribution system in a way which is transparent to all consumers.
3 The cost distribution system referred to in paragraph 2 shall be based on an approximation of technical and financial possibilities as closely as possible to the actual share of consumption of the individual consumer.
4 By way of derogation from the third paragraph, as part of the cost allocation system, the cost of consumption in the common interest and reasonable costs for the execution of the cost distribution system may itself be borne by individual consumers appropriated.
5 The heat cost distributors and other technical provisions for approach, measurement or recording of the individual consumer's share of total consumption shall be installed on the basis of appropriate technical standards; and Applied.
6 At the request of one or more consumers, the supplier shall, once a date, carry out an expert examination by an independent expert, both consumer and supplier, to examine the extent to which the cost distribution system for that person is consumer or consumers, meets the requirements of the first to fourth members. Half of the costs of this research will be borne by the supplier.
7 At the request of one or more consumers, the supplier shall verify the operation of the heat-cost distributors by an independent expert, acceptable to both consumer and supplier. The allocation of the costs of this investigation between consumers and supplier shall be based on the conclusion of the investigation.
8 If the consumer or consumers and the supplier do not reach agreement on the choice of an expert acceptable to each other, the Authority may be asked to designate the Consumer and Market Authority.
9 The supplier shall assist the investigation with the necessary cooperation.
10 Where existing technical provisions as referred to in paragraph 5 are replaced, the supplier shall ensure that the new facilities are of a type, of which an independent expert shall, on the basis of such technical standards, the Has established a good deal of good.
In the case of, or under general management, rules shall be laid down on:
a. the establishment of energy cost estimates and energy consumption invoices;
b. Frequency of invoices relating to the consumption of heat,
c. to provide information on the consumption of heat,
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).
1 It is prohibited to supply heat to consumers without a permit.
2 The prohibition provided for in paragraph 1 shall not apply to a supplier who:
a. Heat supplies to a maximum of 10 consumers at the same time;
b. does not deliver more heat per year than 10,000 gigajoules, or
c. The landlord or owner is of the building, for the purpose of which the heat is delivered.
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.
3 Our Minister may attach regulations and restrictions to a permit. The licence shall in any case be subject to a requirement relating to the minimum and maximum temperature of the heat to be delivered. The minimum and maximum temperature of the heat to be delivered may vary for any heat set or a part of a heat set.
4 Our Minister may amend the rules or restrictions attached to a licence.
5 A licence may only be transferred with the permission of Our Minister. The first to paragraph 4 shall apply mutatis mutandis.
1 Our Minister may revoke a licence. Our Minister is only concerned with the withdrawal of the licence, in so far as the importance of a reliable supply of heat on reasonable terms and a good quality of service to consumers is not opposed to this.
2 Our Minister may revoke a licence if:
(a) the holder of the authorization so requests;
(b) the permit holder fails to comply with the regulations or restrictions imposed on the licence;
(c) the holder of the authorization, the equipment assigned, intended Article 12b, second paragraph , not afflicted;
d. has provided incorrect or incomplete information by the holder of the application and the provision of correct and complete information would have led to a different decision on the application;
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 rules of the permit.
3 In the case of a general measure of management, detailed rules may be laid down as regards the criteria for the withdrawal of a licence and the procedure for the revocation of a licence. The nomination for this 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 A holder of the authorisation shall offer a wide choice of payment methods for consumers.
2 The holder of the authorisation shall ensure that consumers are accessible. The marketing authorisation holder shall deal with consumer correspondence within 10 working days. If a solution is not possible during this period, the consumer will receive a notice within five working days within which time an adequate response may be expected.
3 The permit holder shall use information supplied to him on consumers solely for carrying out the tasks assigned to the holder of the authorisation in this Act.
1 The holder of the authorisation shall keep separate accounts relating to the supply of heat and, if applicable, for the supply of cold.
2 The holder of the authorisation shall publish annual accounts and annual reports. The annual report shall contain reliable and insightful form of information on the price charged by the licence holder and on the integral costs and revenues associated with the delivery of the information to be given to the Commission. Heat. The information contained in the annual report shall provide an audit opinion.
3 In the case of, or under general management, detailed rules on the application of the first and second paragraphs, and Article 2 (6) .
1 A supplier or a producer, intending to terminate the supply or production of heat or reasonably foreseeable that he will no longer be able to comply with its legal obligations, shall notify the Commission without delay. Minister. Our Minister shall enter into consultation with the supplier or producer who has made the notification as well as the other persons involved in the supply of heat.
If it turns out that a supplier may or will not be able to supply heat supply, the Minister may bear the supplier's provision to ensure that the supply of heat is sufficiently high. shall be.
3 Our Minister is empowered to apply a charge under administrative constraints to the enforcement of a contract as referred to in the second paragraph.
4 If the supplier does not comply with a contract referred to in paragraph 2 or if, in the opinion of our Minister, the management of that supplier is liable to jeopardise the continuity or reliability of the heat supply, and Our Secretary of State may, without delay, tell the supplier that, from a certain point of view, he must follow the instructions given to him by a person designated by Our Minister.
5 Upon the notice referred to in paragraph 4, our Minister shall provide for the protection of the importance of the notice to be made. The designated person shall only provide contracts for the protection of this interest. In the event of a call, rules and restrictions may be laid down to the contracts to be given.
6 The supplier shall provide the person appointed by our Minister, if requested, with all cooperation.
7 For damage caused by acts carried out in violation of a contract as referred to in the fourth paragraph, directors shall be personally liable to the supplier.
1 Our Minister may designate one or more licensees as an emergency supplier to supply heat to consumers further designated by him.
2 The emergency supplier shall be given the management of the heat set and shall carry out corrective maintenance activities.
3 Our Minister may attach conditions and restrictions to the designation referred to in paragraph 1 and shall fix a reasonable fee for the execution of the task assigned to the appointment.
4 Our Minister may supply a producer with heat to produce and make this heat available to an emergency supplier appointed by him.
5 Our Minister may attach conditions and restrictions to the contract referred to in paragraph 4, and shall establish a reasonable fee for the execution of the task entrusted to the task.
6 Any person shall be required to cooperate with the supplier of the emergency referred to in the first paragraph, or the producer referred to in the fourth paragraph, to the extent that it may reasonably be required of him.
1 Our Minister can serve as a network administrator as intended Article 2, first paragraph, of the Gas Act (b) order the creation of a gas transport network in the area designated by it. The cost of the connection to the gas transport network is received by consumers in whole or in part of the costs.
2 Under ministerial arrangements, rules may be laid down on the level of compensation provided for in paragraph 1 and on how the consumers concerned receive a full or partial concession, the amount of the compensation being granted to the consumer in question. accommodating different groups of consumers may be decided differently.
3 The contract referred to in paragraph 1 shall not be given after the examination of our Minister or otherwise than by the construction of a gas transport network in a fully-fledged alternative to the warmup. If this study shows that a fully fledged alternative is available that would be preferred in terms of sustainability, costs or other public interest, our Minister will promote the creation of that alternative.
1 Our Minister may require from a producer, a supplier or a consumer the data and intelligence he needs for the implementation of this law and for the preparation of the energy report intended in Article 2 of the Electricity Act 1998 .
2 The person to whom a request is made to provide information and intelligence shall be required to cooperate, within the reasonable period of time by our Minister, of any cooperation he may reasonably be able to make in the exercise of his powers.
3 Our Minister uses information or intelligence obtained in connection with any activity for the performance of any of his duties under this Act solely for the exercise of that task.
The Consumer and Market Authority is in charge of tasks in implementation of this Act and the supervision of compliance with this Act.
The Consumer and Market Authority may carry out or do measurements in the case of a producer, supplier or consumer. The producer, supplier or consumer shall be told that the measurements may be made in the pipes, installations or devices.
The Consumer and Market Authority may impose a binding line of conduct in relation to compliance with this Act.
1 The Consumer and Market Authority may impose a penalty on the offender in the event of a breach of the provisions of, or under this law, the offender.
2 The Consumer and Market Authority may in cases of infringement of the provisions of or under the Articles 2 , 5, first and fourth members , 9, 1st Member , 13 , 17 and 40 impose an administrative fine of up to € 900,000 or, if that is more, 1% of the offender's turnover per infringement.
3 The administrative penalty, which may be imposed at most by the second paragraph, shall be increased by 100% if, within a period of five years preceding the day of the day's notice of the report of the offence, the amount of the administrative penalty is to be increased by 100%. 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 Consumer Authority and Market issue a enforcement plan. The plan describes the procedure and the manner in which the Consumer and Market Authority applies its enforcement powers granted to it by this Act. The enforcement plan is based on a high level of protection of consumers.
2 The enforcement plan needs approval from our Minister.
3 The decision to approve shall be published in the Official Gazette.
1 In accordance with rules to be imposed by or pursuant to general rules of administration, a fee for the grant of a licence shall be as set out in Annex II. Article 10, first paragraph , as well as for the purpose of obtaining the authorization referred to in Article 10 (5), for no more than the costs involved in the provision of those decisions.
2 The amount due may be recovered in the case of a compulsory order.
A representative body shall be deemed to be interested in decisions, other than decisions taken pursuant to this Law.
1 In this Article, 'infringement' means any act or omission by a supplier contrary to the provisions of the Article 2, third paragraph , 4, first paragraph , or 5, 1st Member and this disadvantage to the collective interests of consumers.
2 At the request of a representative organization, the College van Beroep for business may order that an infringement by the supplier that makes the infringement be terminated.
3 The College may also be asked to condemn the person responsible for the infringement to the public, or to make the decision publicly available, on a manner to be determined by the College and at the expense of the College to be published by the College. party or parties.
4 Disputes in respect of the implementation of the convictions referred to in paragraphs 1 and 2 shall be decided upon by the College of Appeal for the business of business.
1 Our Minister is responsible for publishing and taking through an electronic system of guarantees of origin for heat from renewable energy sources.
2 Our minister opens an account for heat from renewable sources on request from 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 27 .
3 Our Minister books on demand guarantees of origin for heat from renewable energy sources on a given account for renewable sources, if a Netherlands established producer on this application is the production measurement data Overlays.
Our Minister can do the tasks, intended Article 25 , mandateren to a non-subordinate that is independent from producers, suppliers and traders.
At the request of a producer, a measuring company shall determine whether its production facility is suitable for the production of heat from renewable energy sources, and whether the device for measuring the heat from renewable energy sources is suitable for measuring heat from renewable energy sources. energy sources produced and fed on a hot set by the production plant.
A guarantee of origin for heat from renewable energy sources shows, in the event of exclusion, that the amount of heat on which it is produced is generated from renewable sources.
1 Our Minister lays down the tariffs for costs associated with transactions relating to guarantees of origin for heat from renewable energy sources by means of a ministerial arrangement.
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 for heat from renewable energy sources;
(c) the indication of data on guarantees of origin for heat from renewable energy sources;
d. the conditions under which and the manner in which producers, suppliers, dealers or customers can make use of the guarantees of origin for heat from renewable energy sources obtained by them or trade them;
e. the determination of the Article 27 .
For the purposes of the application of the Obstructionlaw Regulations and the Private Law impedimenting law the works, which are or have been carried out for the supply of heat, shall be regarded as public works of general utility.
1 Provincial states and the City Council are not empowered to bind the production and supply of heat in the interests of energy supply to rules.
2 The first paragraph shall be without prejudice to the powers of provincial and municipal councils in the case of construction, restoration, extension or renewal of networks.
A supplier shall report to the Consumer and Market Authority as soon as possible after the entry into force of this Act:
a. The name and address of the supplier; and
(b) a description of the heat networks to be operated by the supplier, including at least the number of consumers and the number of gigajoules delivered to consumers.
1 The in Article 2 of the Electricity Act 1998 The energy report referred to shall be directed towards the non-compliance of decisions in the period referred to in that Article, in so far as they include the importance of the reliable, sustainable, environmentally sound and efficient functioning of the heat supply in the energy sector. taken or may be taken into account.
2 The energy report contains in any case an overview of price developments with regard to the supply of heat.
1 Suppliers already supplying heat at the time of entry into force of this Act and on the basis of Article 9 be subject to authorisation, within two years after that date, to apply for authorisation as intended Article 10, first paragraph .
2 Without prejudice to the first paragraph applying to an authorised supplier until the date of the final decision on the application for a licence, the requirements set out in the Section 2.2 .
Our Minister, in agreement with our Minister of Infrastructure and the Environment, may ask a manufacturer to make demands on the useful use of residual heat. Detailed rules may be laid down in respect of or pursuant to general rules of management; they may also cover the imposition of a charge on the discharge of waste heat or on a prohibition of such a charge.
1 Our Minister shall, within three years of the entry into force of this Act, and thereafter every four years thereafter, send to the States General a report on the effectiveness and effects of this law in practice.
2 The content of the report may be subject to detailed rules on the basis of a ministerial arrangement. In any case, the report contains an assessment of the effectiveness and effects of the law on the pricing of heat.
3 The Consumer and Market Authority has been entrusted with the implementation of the evaluation.
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 The Royal Decree Article 7, second to fourth paragraphs , shall enter into force not earlier than four weeks after presentation to the two Chambers of the States-General.
This law is cited as: Heat law.
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.
Entry
Wassenaar, 17 June 2013
William-Alexander
The Minister for Economic Affairs,
H.G.J. Kamp
Issued the thirty-first July 2013The Secretary of State for Security and Justice,
F. Teeven
