Key Benefits:
Act of 1 July 2004 amending the Electricity Act 1998 and the Gas Act implementing Directive No 3 of the Act of 21 December 1998 on the Law of the European Union 2003 /54/EC, (PbEG L 176), Regulation No 1228/2003 (PbEG L 176) and Directive No 2003 /55/EC (PbEG L 176), as well as in connection with the tightening up of the monitoring of grid management (amendment of the 1998 Electricity Act and Gaslaw in connection with implementation and the monitoring of the management of the network)
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 that the Electricity Act 1998 and the Gas Act In order to comply with the Directive of 26 June 2003, no 2003 /54/EC on common rules for the internal market in electricity and on the withdrawal of Directive 96 /92/EC (PbEG L 176), of the Regulation of 26 June 2003, No 1228/2003, concerning the conditions for access to the network for cross-border exchanges in electricity (PbEG L 176) and of the Directive of 26 June 2003, No 1228/2003, 2003 /55/EC, on common rules for the internal market in natural gas and on the repeal of Directive 98 /30/EC (PbEG L 176) and that the Electricity Act 1998 and the Gas Act also require adaptation to ensure the reliability of the transport of electricity and gas, to strengthen the enforcement of both laws and to introduce provisions in case of shortcomings in grid management;
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 With regard to decisions taken under the terms of this Law Article 5a of the Electricity Act 1998 , are the Articles 77g , 77h , 77k , 77n and 77o of the Electricity Act 1998 applicable.
2 Where on the basis of Article 10, third paragraph, of the Electricity Act 1998 a network administrator has been designated for the entry into force of this Act, must be fulfilled within six months of the date of entry into force of this Act, Article 10a of the Electricity Act 1998 .
3 With regard to interruptions in the transport of electricity, intended in Article 24b of the Electricity Act 1998 , having occurred before the entry into force of this Article, is Article 24b not applicable, but the conditions relating to compensation in the case of serious malfunctions referred to in Article 31 of the Act , as that Article Until that time was ushered.
4 A decision on the basis of Article 26, first paragraph, introductory wording and part a, of the 1998 Electricity Act , which is before the date of entry into force of the Article I, part CC , from this law has become irrevocable, is deemed to be a decision on the basis of Article 86c of the Electricity Act 1998 to be.
5 On an application for a decision as intended Article 26, first paragraph, introductory wording and part a, of the 1998 Electricity Act , which has been submitted for the moment when Article I, part CC This law shall enter into force, but which has not yet been decided at that time, shall be decided on the basis of the law applicable after the date of entry into force of that law. Article I, part CC -This law applies. The first sentence of the sentence shall apply mutatis mutandis if objections are or could be objected to by a decision referred to in that sentence before the entry into force of this Law but not yet to be made at the time of entry into force of this Law. Definitely.
6 If the Director of the service between the time at which the Regulation No 1228/2003 the European Parliament and the Council of the European Union of 26 June 2003 (PbEG L 176) entered into force and the time at which Article I, part CC , from this Act enters into force, decides on an application for a decision as referred to in Article 26, first paragraph, part a, of the Electricity Act 1998 , he shall take into account the provisions of the Regulation and, in any event, shall not take a decision which may prejudice the operation of that Regulation. The first sentence shall apply mutatis mutandis as the Director of the Service in the period referred to in that sentence shall decide on an objection to a decision referred to in that sentence.
7 A dispute, brought before the Director General of the Netherlands Competition Authority on the basis of Article 51 or 52 of the Electricity Act 1998 such as those in place before the date of entry into force of this Act, shall be treated in accordance with the procedure, as applied for the entry into force of this Act.
8 If at the time when Article I, Part Q , enters into force, an application for a waiver as intended Article 15 of the Electricity Act 1998 was filed but at that time it has not yet been decided on that application, the duty shall continue to apply as it applied for that time. The preceding sentence shall apply mutatis mutandis as at the time when Article 15 does not enter into force, objected to a decision on the basis of Article 15 of the Electricity Act 1998 But at that time it has not yet been decided on that objection.
9 A decision as referred to in Article 41, third paragraph, of the Electricity Act 1998 that has been taken before the entry into force of Article I, part OO , of this law, is entered after the entry into force of Article I, part OO , of this law considered to be a decision on the basis of 1998 Article 41a of the Electricity Act 1998 . This decision may be amended to adapt this Decision to 1998 Article 41a of the Electricity Act 1998 .
10 A decision as referred to in Article 41, fourth paragraph, of the Electricity Act 1998 that has been taken before the entry into force of Article I, part OO , of this law, is entered after the entry into force of Article I, part OO , of this law is deemed to be a decision on the basis of Article 41 of the Electricity Act 1998 to be. This Decision may be amended to adapt this Decision to: Article 41 of the Electricity Act 1998 .
11 At the time Article I, Part II, point 13 , included Article 31, 10th and 11th member , enter into force, expire Article 36, second paragraph , and Article 38, fourth paragraph .
12 It is in Article I, part EEEa , included Article 93b does not apply to the extent that the net or rights established on the net or based on future income from the grid are made available as collateral on the basis of obligations arising out of, or related to, agreements, closed for the time when Article I, part EEEa -, comes into force.
1 Where on the basis of Article 2, first paragraph, of the Gas Act a network administrator has been designated for the entry into force of this Act, within six months of the date of entry into force of this Law. Article 3b of the Gas Act Comply with Article 3b of the Gas Act .
2 The document referred to in Article 8, second paragraph, of the Gas Act shall be submitted for the first time in the year following the year of entry into force of this Law.
3 By way of derogation from Article 13, second and fourth paragraph, of the Gas Act be the year in which: Article II, Part R , in effect, the Article 13, second paragraph The fees shall be lodged before 1 November, and shall be decided by the Director within four weeks of receipt of the tariff approval.
4 By way of derogation from Article 18b, first paragraph, of the Gas Act is a gas company mandatory in the year in which this bill becomes law, and enters into force, for 1 November the Article 18b, first paragraph -indication of the indication referred to.
5 A dispute, brought before the Director-General on the basis of the Articles 19 or 20 of the Gas Act as they have before the date of entry into force of this Act, it shall be treated in accordance with the procedure as it applied before the entry into force of this Act.
6 With regard to decisions taken pursuant to Article 60a of the Gas Act , as this stated before the entry into force of this law, the Articles 60a , 60ac , 60af , 60ai and 60aj of the Gas Act applicable.
7 A decision as referred to in Article 80, third paragraph, of the Gas Act that has been taken before the entry into force of Article II, part EEE , of this law, is entered after the entry into force of Article II, part EEE , of this law considered to be a decision on the basis of Article 81a of the Gas Act . This decision may be amended to adapt this Decision to Article 81a of the Gas Act .
8 A decision as referred to in Article 80, fourth paragraph, of the Gas Act that has been taken before the entry into force of Article II, part EEE , of this law, is entered after the entry into force of Article II, part EEE , of this law is deemed to be a decision on the basis of Article 81 to be. This Decision may be amended to adapt this Decision to: Article 81 of the Gas Act .
9 Until the date of entry into force of Article II, Part R , Article 12 , applicable Article 13, first, second and third paragraphs As it was on the day before the entry into force of this law.
10 In Article II, Section YYYES , included Article 85b does not apply in so far as the gas transport network or rights to the gas transport network or rights established on the basis of future revenues from the grid are made available as collateral on the basis of obligations arising out of, or related to, obligations arising from the use of gas transport networks or rights. matches, closed for the time when Article II, Section YYYES -, comes into force.
The text of the Electricity Act 1998 and of the Gas Act shall be placed in the Official Gazette.
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. That decision shall apply where appropriate to: Article 16 of the Temporary Referendum Act .
2 Article VI, seventh paragraph , returns to the time when the Regulation No 1228/2003 the European Parliament and the Council of the European Union of 26 June 2003 (PbEG L 176) entered into force.
3 Under the application of Article 16 of the Temporary Referendum Act occurs Article I, Parts Za, and FF into effect from 1 July 2004.
4 Under the application of Article 16 of the Temporary Referendum Act occurs Article II (O) , entry into force from 1 July 2004
This law is cited as: Change Electricity Act 1998 and Gaslaw in connection with implementation and tightening monitoring network management.
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, 1 July 2004
Beatrix
The Minister for Economic Affairs,
L. J. Brinkhorst
Published the 13th of July 2004The Minister of Justice,
J. P. H. Donner
