Key Benefits:
Law of 16 June 2005, laying down rules for the use of land for sale of motor fuels to roads in administration to the State (Wet to Auction of certain sales outlets of motor fuels)
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 considered that it would be desirable to allocate contracts for the sale of motor fuel to roads in the State by way of an auction in order to ensure that the use of land for sale of motor fuels is to be used by means of an auction. to increase price competition on the market for motor fuels along roads in administration to the State, to widen the possibilities of accession to that market, and to provide the State with a remuneration for its contribution to the implementation of that market;
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) operator shall mean any natural or legal person who drives an undertaking whose activities exist or co-exist in the sale of motor fuels;
b. Rental agreement: an agreement between the State and a counterparty, the lessee, which gives the tenant the right to use a location for the establishment of a sales point of motor fuels;
c. location: part of a place of stay intended for the establishment of a sales point for motor fuels;
d. Our Minister: Our Minister of Finance;
e. place of care: a plot of land
1 °. is furnished with one or more facilities for the benefit of the users of a road; and
2 °. on the net of roads that are public within the meaning of the Road Act , with a motor vehicle only to be reached via the exit of the road to the plot.
This law only applies to locations which are located on a nursing home.
1 °. to a road in administration to the Empire; and
2 ° State owned by the State.
1 The State shall enter a location by means of a tenancy agreement. Without prejudice to: Article 217, 2nd paragraph, of Book 6 of the Civil Code supply and acceptance of the tenancy agreement only take place on the manner determined by this law.
2 The following members shall apply only to leases issued in accordance with Article 5 have been established.
3 The tenant is empowered to place, modify and remove buildings, works and plantations at the site. He shall ensure that buildings, works and plantations are in good condition to the extent that they are present.
4 The tenancy agreement shall be of a duration not exceeding 15 years. It shall not be extended either express or implied, to the extent that the extension gives the agreement an expensive period of more than 15 years. However, if, following an auction, the lease with the person on the auction of the highest bid is not established on the basis of Article 5, fifth paragraph , the lease which was in force at the time of the auction may be extended for a short period of time, irrespective of the duration of the contract by that extension.
5 The Articles 206, third paragraph , 215, sixth Member , 226, fourth member , and 230a and Section 6 of Title 4 of Book 7 of the Civil Code are not applicable to the lease agreement.
6 The tenant is authorized to enter into an agreement with an operator in respect of the location, which is the subject of the lease concluded by him. In any event, such an agreement shall end at the time of termination of the lease agreement. By way of derogation from Article 300, 2nd and 3rd member, of Book 7 of the Civil Code , no denunciation shall be required for this purpose. If the agreement with the operator is a tenancy agreement within the meaning of Article 201 of Book 7 of the Civil Code , is Article 230a of Book 7 of the Civil Code does not apply to that rental agreement. If it has been leased to the operator, it shall meet the definition of business space in Article 290, 2nd and Third Member of Book 7 of the Civil Code , without prejudice to the second and third sentences of this paragraph, Section 6 of Title 4 of that book to the lease agreement with that operator.
7 By way of derogation from the first sentence of the first paragraph, the State may, at the request of the person concerned, with whom Article 5 a tenancy agreement is concluded, the location of which is used to him by the establishment of a right of leaseboard. The right of leaseback replaces the lease. The request shall be made no later than the third working day following the auction, as referred to in Article 5 . All costs and expenses of the lease shall be borne by the applicant. The provisions of this law on the lease agreement shall be applied to the lessee as the member of the owner of the land, with the exception of the following: Article 3, fifth paragraph . Article 98 of Book 5 of the Civil Code does not apply to the land on the ground.
After the expiry of the lease, which according to Article 5 has come to reimburse the State to the tenant the value of the buildings, works and plantings, which the tenant has left on the site. This value is equal to the corrected replacement value, specified in Article 17, third paragraph, of the Property Valuation Act , calculated according to Article 20, second paragraph, of the Property Valuation Act .
1 The State enters into a lease agreement with respect to a location with the person, which has issued the highest bid on a public auction written out by the State.
2 The proceeds of the auction will be of benefit to the State.
3 The auction and admission to the auction shall be subject to detailed rules by means of ministerial order of our Minister. In doing so, our Minister can determine that access to the auction shall be granted only against payment.
4 Prior to an auction, a bid book shall be made available to interested parties against payment in order to describe the location and the rental agreement relating thereto.
5 If the State has not received the required amount within two weeks from the date of the auction, the lease agreement shall not be established, without prejudice to the obligation of the person making the highest bid for compensation of the damage caused by the State by the State. His actions suffer. In the event of a no rental agreement, a new auction shall be issued as soon as possible.
6 If special circumstances give rise to this, the State may, by way of derogation from the first paragraph, conclude a rental agreement with regard to a location without a contract for auction.
7 In the case of special circumstances referred to in paragraph 6, the following shall apply only if:
a. it is necessary for the reconstruction of a location or for work on the road to which a location is situated in the judgment of the State to replace that location with a new location;
b. The location is to be used for a period of less than 15 years, and in the opinion of the State it is not effective for this shorter period to be auctioning off;
c. to transfer the management of a road to the State, with the view of the State with the user of a location on that road to conclude a new agreement;
d. In other cases to be determined by a general management measure.
1 In this paragraph, the following definitions shall apply:
a. Existing Agreement: an agreement, however named, concluded with the State before the date of entry into force of this Act, which gives the right to use a location for the sale of motor fuels, and which is in effect on the time at which an auction is held in respect of the location;
(b) existing operating contract: an agreement concluded before the date of entry into force of this law between a counterparty of the State to an existing agreement and an operator, and which is in force at the time of the entry into force of this Act; the location of the subject-matter of the operating contract shall be auctioning;
(c) existing operator: the operator that is a party to an existing operating contract.
2 Agreements giving the right to use a location for the sale of motor fuels, concluded with the State as a result of an auction before the entry into force of this Law, are not existing agreements in the the meaning of this law.
3 Acceptance of a commitment as referred to in Article 4 Article 18, first paragraph , does not lead to an existing agreement.
1 The State writes an auction in respect of a location subject to an existing agreement as referred to in the Article 5 according to a timetable, to be set by our Minister annually for a period of seven and a half years, following the time of adoption. The timetable shall be published in the Official Gazette for the first time at the time of entry into force of this Act and thereafter in the last month of the year preceding the year in which the next auction takes place according to the schedule.
2 An existing agreement with respect to a location, to be put into service after an auction as referred to in the first paragraph, ends at the time when the lease contract, which comes into effect as a result of the auction, comes into effect.
3 The proceeds of the auction, referred to in paragraph 1, shall be for the benefit of the counterparty to the existing contract which ends under the second paragraph. If the other party is entitled to compensation under the existing contract, the proceeds of the auction shall be paid only to the other party in so far as it exceeds the amount of the compensation.
4 If the auction, referred to in paragraph 1, is the highest bid submitted by the other party to the agreement terminating under paragraph 2, by way of derogation from the third paragraph, the amount of the proceeds shall be paid to the State for the purpose of size of the difference between the highest and the next highest bid, but no more than 30 percent of the highest bid. Our Minister can fix the level of the percentage below.
The tenant reimburses the State 's counterparty to an existing agreement the value of buildings, works and planting, which the State' s counterparty is in to an existing contract after the first auction of the location in accordance with Article 5 has left it at that location.
1 The bid book, which is made available in advance of an auction in respect of a location subject to an existing operating contract, indicates the average net profit of the operator if the auction site is to take place has before 1 January 2018.
2 The average net profit share of the operator is determined by the State by an accountant or an accountant or an accounting officer as intended for payment by the State. Article 393, 1st paragraph, of Book 2 of the Civil Code . The bases of determining the average net profit share shall be determined by ministerial arrangement.
3 The average net profit share of the operator is the average of the net profit share that the operator has enjoyed in the three calendar years preceding the year in which the auction takes place with respect to the location that is subject to the existing operating contract.
4 If the average net profit share, determined in accordance with the second and third paragraphs, differs significantly from the average of the net profit share that the operator has enjoyed in the calendar years 1998 to 2000 and that derogation does not result from changes in market conditions or in the operator's efforts, the auditor or the accounting officer determines, by way of derogation from the third member, an average net profit share which, in its opinion, is reasonable a. In doing so, he shall take into account the views of the parties to the existing operating agreement.
5 The parties to the existing operating contract shall provide the auditor or the accounting officer with all cooperation, which shall be required for the purpose of determining the average net profit share.
6 If, due to the lack of cooperation or of the information required by the auditor or the accounting officer-administration consultant, no average net profit share can be established, it shall estimate the average net profit share of the accounts which, in its opinion, is reasonable. In doing so, he shall take into account all the factors which he considers to be important.
The bidding book, made available in advance of an auction relating to a location subject to an existing operating contract, will be incorporated into the existing operating contract, if the operator is to be The other party to the existing operating contract has been allocated by our Minister for Economic Affairs and the auction place before 1 January 2021. Article 9 does not apply.
1 The person referred to in an auction as referred to in Article 7 that took place before 1 January 2018 tenant has become from a location subject to an existing operating contract, provides the existing operator with a new agreement, which allows that operator to reasonably and with the calendar year 2017 on average to enjoy a net profit share equal to its average net profit share, intended to Article 9 Moreover, and which, moreover, does not contain any provisions in relation to the existing operating contract, that acceptance by the operator of the operator may not reasonably be required.
2 On the new contract referred to in paragraph 1, the person who has become the tenant following the auction shall enter into consultation with the existing operator no later than one week after the day of the auction. In any case, it shall provide the existing operator with a new agreement in writing, as referred to in the first paragraph, where no new agreement has been reached four weeks after the day of the auction. This written offer shall be made by registered letter and no later than eight weeks after the day of the auction.
3 The written offer, referred to in the second sentence of the second paragraph, shall be accompanied by a reasoned written judgement by an expert that the new agreement offered reasonably enables the existing operator to reach and with the calendar year 2017, on average, to enjoy a net profit share equivalent to its average net profit share, intended to Article 9 .
4 Before coming to its judgment, the expert shall inform the person who has become a tenant following the auction and give the existing operator the opportunity to view their views.
5 In determining its judgement, the expert shall take into account the views of the person who has become a tenant following the auction and of the existing operator, and shall take into account the following principles:
a. Market conditions after the auction shall be deemed to be equal to those for the auction;
b. the operator's effort after the auction is considered to be equal to that of the existing operator for the auction;
c. turnover, which the operator is expected to achieve annually under the agreement concluded with the person who has become the tenant following the auction, should enable it to benefit from the average net profit share of the operator, in Article 9 ;
d. indexation schemes of the existing operating contract, including indexation arrangements to be reckoned with under-use to that agreement, should be reflected in the new agreement.
6 The expert referred to in this Article shall be independent. He shall carry out his work on the orders of and against payment by the State.
7 The existing operator shall, no later than two weeks after the receipt of the new agreement and the expert's opinion referred to in paragraph 3, notify the person who has become the tenant following the auction by registered letter, or Accept new agreement. Acceptance shall also include, unless the Parties agree otherwise, that the new agreement enters into force at the time the new lease contract, which is the subject of the auction, Article 7 , it has come into force, comes into force unconditionally. The entry into force of the new agreement shall end the existing operating contract.
8 If the existing operator does not accept the new agreement or if the communication, referred to in the seventh paragraph, continues, the existing operating contract shall end at the time the existing agreement ends, without the agreement being existing operator, for that reason, is entitled to any remuneration.
9 The person referred to in the auction Article 7 , the tenant has become, as a member of the State, reimbursable to the existing operator on a monthly basis the damage suffered if it is impeded in whole or in part in the exercise of his business. No obligation to remuneration exists, if the cause of the barrier is situated in the company of the existing operator. If the cause of the obstacle is attributable to the State, the State shall compensate the person who has been affected by the damage which it has paid in accordance with the first sentence, in so far as the damage to the State is imputable to the State.
1 If an agreement between a renter and an operator that is on the basis of Article 11 has come to an end automatically as a result of termination of a tenancy agreement and that termination is due to the date mentioned in Article 11, first paragraph , is Article 11 applicable, mutatis mutandis to the person with whom the State enters into an auction a rental agreement for the time in which it is set up Article 11, first paragraph .
2 To the agreement between the tenant and the operator established pursuant to the first member, Article 16, fifth paragraph , mutatis mutandis.
3 By way of derogation from Article 11, first paragraph , to the agreement between the tenant and operator established under the first paragraph as an average net profit share is the average net profit share listed in the bidding book made available prior to the date of the year. the first auction of the respective location.
If an auction as referred to in Article 7 place before 1 January 2021 and relates to a location subject to an existing operating contract whereby the operator has been assigned to the other party to the existing agreement by Our Minister of Economic Affairs, go at the time when the existing agreement ends on the basis of Article 7 , the rights and obligations arising out of the existing operating contract for the other party of the State from the person who, following the auction, becomes a tenant of the site. The (1) to (8) of Article 11 are not applicable.
1 If an agreement between a renter and an operator that is on the basis of Article 13 has come to an end automatically as a result of termination of a tenancy agreement and that termination is due to the date mentioned in Article 13 , is Article 13 applicable, mutatis mutandis to the person with whom the State enters into an auction a rental agreement for the time in which it is set up Article 13 .
2 To the agreement between the tenant and the operator established pursuant to the first member, Article 16, sixth paragraph , mutatis mutandis.
The Articles 9 to 14 are not applicable where the existing operator is an operator on whom the counterparty of the State is controlled by an existing agreement as specified in the Article 26 of the Competition Act or in whom the other party has an investee as referred to in Article 24c of Book 2 of the Civil Code .
1 An existing operating contract which has a location subject to which an auction has not yet been held at that time shall end on 31 December 2017, unless the Parties, if necessary with the application of the third paragraph, shall end up with another agreed time.
2 By way of derogation from the first paragraph, an existing operating contract with which the operator is assigned to the other party to the existing contract by our Minister for Economic Affairs and which has a location with the object of in respect of which an auction has not yet taken place at that time on 31 December 2020, unless the parties have agreed on a different point of time, if necessary by application of the third paragraph.
3 The parties to an existing operating agreement may agree that their agreement will continue until a time is set beyond 31 December 2017 until 31 December 2020, provided that they also agree that the existing operating contract will be operating contract does not end later than the date on which the existing agreement on the basis of Article 7 ends.
4 An existing operating contract, concluded with an operator on whom the counterparty of the State in an existing agreement has control as referred to in Article 4 (2) of the EC Treaty Article 26 of the Competition Act or in whom the other party has an investee as referred to in Article 24c of Book 2 of the Civil Code , ends at the time when the existing agreement on the basis of Article 7 ends, unless the parties have agreed to an earlier date.
5 The agreement that is at the foot of Article 11 is established between the existing operator and the person, who will become a tenant of the site as a result of the auction, shall end by no later than 31 December 2017, unless the parties have agreed to an earlier date.
6 The agreement that is at the foot of Article 13 is established between the existing operator and the person, who will be the tenant of the auction site, shall end by way of law by 31 December 2020 unless the parties have agreed to an earlier date.
7 The agreement, concluded after the date of entry into force of this Act between a State counterparty to an existing agreement and an operator, ends at the time when the existing agreement on the basis of Article 7 ends, unless the parties have agreed to an earlier date.
8 By way of derogation from Article 300, 2nd and 3rd member, of Book 7 of the Civil Code , the existing operating contract referred to in paragraphs 1 to 4 and the agreement referred to in the fifth to seventh members shall not end without requiring the termination of the contract and without any claim to it. damages are created.
1 For the purposes of this Article:
(a) existing road: a road which is open to public traffic at the time of entry into force of this Act;
b. Main carriageway: the part of a road which is intended to be ridden by motor vehicles.
2 Without prejudice to the provisions of Article 19 and with the exception of the care places that are mentioned in the Annex by this Act, until 1 January 2024, no new location shall be established and put into service on a place of care in an existing road.
3 The second paragraph shall not apply where:
a. The existing road is transformed from a road consisting of a main carriageway for traffic in both directions in a road consisting of two main lanes for traffic in the opposite direction of travel, provided that the new location is situated on a road distance of at least 20 kilometres from any other location accessible from the same direction of travel as the new location;
b. it is necessary for the reconstruction of a place where a location is situated in the judgment of the State to replace the location with a new location, provided that the new location is as close as possible to the location to be replaced landscaped;
(c) in the case of reconstruction of a road to which a place of care with a location is situated in the judgment of the State, it is necessary to replace the place of care by a new place of care, provided that the new place of care is so closed. Possible at the place to replace the place to be replaced.
4 To 1 January 2024, a new location on a place of care shall not be established and put into service within a distance of 20 kilometres from another location and from the same direction of travel as the other. location is reachable.
1 By way of derogation from Article 5, seventh paragraph , is of special circumstances referred to in Article 5, sixth paragraph , also, if the lease is a new location which is situated on a place of care as mentioned in the Annex to this Act and whose State has already committed to an undertaking the use before the date of entry into force of this Act.
2 Article 3, sixth paragraph, second sentence , does not apply to the operator who, by virtue of a commitment, made him by the State for the moment when it enters into force, is placed with the tenant, referred to in the first member, to enter into an agreement For a duration longer than 15 years.
1 For the purposes of this Article, a roadside restaurant means the undertaking, situated on a place of care, whose activities consist in the pursuit of the restaurant business.
2 If a roadside restaurant is located on a nursing home from the time this Act enters into force, at the same time as a location subject to an existing agreement, the road restaurant shall be provided by way of derogation from the Articles 5 and 17 , immediately prior to the auction, intended in Article 7, first paragraph , with respect to that location, have the opportunity to conclude with the State a tenancy agreement as intended Article 3 with regard to the parcel of the road restaurant or any part thereof. The State shall offer the return restaurant not later than the month of December of the year preceding the year in which the auction takes place in respect of the location which is the subject of an existing agreement. If that auction takes place in the first six months of one year, then the lease on the road restaurant is offered at any such time, that between the day of the offer and the day of the auction at least nine months. Location. The offer of the State to enter into a tenancy agreement cannot be accepted later than six months prior to the auction. Acceptance shall make the plot of the road restaurant or the agreed part thereof to a location.
3 At the auction, which follows after the end of the lease, referred to in the second member, is Article 7, third and fourth paragraphs , mutatis mutandis.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: Law for the Auction of Certain Motor Fuel outlets.
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.
Given at The Hague, 16 June 2005
Beatrix
The Minister of Finance,
G. Zalm
Published on the 30th June 2005The Minister of Justice,
J. P. H. Donner
1. Care places as intended in -Of the law:
Article 17 (2)| Northern Netherlands: |
A31 Zurich; N34 south of Gieten; A35 Enschede, North; A35 Enschede, South; |
| East Netherlands: |
A1 Elsenerveld and Friezenberg or two near-lying locations; A15 Bemmel North and South (hang together with the passing of the A15 to the A12); N50 east side (motorway conversion); |
| North Holland: |
Two locations along N9 between Alkmaar and Den Helder; |
| South Holland: |
N59 Old Tonge South after doubling up to 2x2 lanes (conversion to motorway); |
| North Brabant: |
A4 Belgian border East one location; A50 two new care places at the height of Son (East and West); |
| Limburg: |
A73 Roermond, East; A73 Roermond, West. |
2. Care places as is intended in -Of the law:
Article 18 (1)| Northern Netherlands: |
A31 Zurich; A32 Village Village (Weststellingwerf); A35 Enschede, North; A35 Enschede, South; |
| North Holland: |
A7 De Horn (Noorder Koggenland), |
| South Holland: |
A4 Harnasch-East (Schipringing); A4 Harnasch-West (Schipringing); |
| Limburg: |
A73 Roermond, East; A73 Roermond, West. |
