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Decision of 6 March 2001 laying down rules for the construction of the energy infrastructure by other than the network operators of the area concerned (Decision on energy infrastructure)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our State Secretary for Economic Affairs of 3 October 2000, No WJZ 00059434;
Having regard to the Articles 20 of the Electricity Act 1998 and 39 of the Gas Act ;
The Council of State heard (opinion of 17 November 2000, No W10,000464/II);
Having regard to the further report by our Minister of Economic Affairs of 28 February 2001, No WJZ 01004766;
Have found good and understand:
For the purpose of this Decision:
a. Energy infrastructure: a combination of a grid as intended Article 1, first paragraph, part i, of the 1998 Electricity Act , a gas transport network as intended Article 1, first paragraph, part d, of the Gas Act Or pipes for the transport of heat;
b. Energy infrastructure requirements: the programme of requirements to be complied with by the natural or legal person intended to: Article 5 .
This Decision shall apply in respect of areas in which projects for the construction or renewal of at least 500 dwellings or dwellings are to be developed.
The college of mayor and council of municipalities in which an area as referred to in Article 2 is situated on account of the importance of a reliable, sustainable, efficient and environmentally sound energy management or the construction of the energy infrastructure in that area:
a. Through the network manager, intended in the Electricity Act 1998 , in so far as the construction of the network is concerned, whether or not with others, in so far as it concerns the construction of gas transport networks or heat transmission lines, or
b. by a natural or legal person as intended by Article 5 .
1 If the college of mayor and aldermen is intended to Article 3 , provides that a natural or legal person shall be defined as Article 5 the energy infrastructure will establish, taking into account the importance of a reliable, sustainable, efficient and environmentally sound energy supply, the requirements for the energy infrastructure.
2 The College of Mayor and Aldermen determines the time limit for the construction of the energy infrastructure and the time limit for completion of the energy infrastructure requirements.
1 The college of mayor and aldermen, intended in Article 3 , determines by means of a public procedure, which is registered on a mission to the energy infrastructure of an area as intended Article 2 to lay down, and in compliance with the requirements of the energy infrastructure, any natural or legal person who is authorised to supply energy infrastructure.
2 The contract is generally known, whereby each person can register as a candidate, or in which each person is able to register as a candidate and two or more candidates may be invited for registration.
3 The College of Mayor and Mayor of the European Union makes a choice of proposals for the construction of the energy infrastructure with due regard to energy infrastructure requirements and on the basis of which natural or natural persons may decide whether to use the energy infrastructure. Provides the energy infrastructure in the area concerned.
4 In accordance with the third paragraph, which natural or legal person may place on the energy infrastructure, that natural or legal person shall also be entitled to do so.
If a municipal administration prior to the entry into force of this Decision by means of a public procedure, which complies with the rules laid down in the Articles 4 and 5 , if the natural person or legal person is authorized to place the energy infrastructure in an area in the municipality, that natural or legal person shall also be entitled to do so.
Within two years of the award of this Decision, our Minister shall send a report in the Official Journal to the States-General on the effectiveness and effects of this Decision in practice.
This decision is cited as: Decision building energy infrastructure.
This Decision shall enter into force on the first day of the second calendar month following the date of issue of the Official Journal in which it is placed.
Charges and orders, that this Decision will be placed in the Official Journal with the letter of explanatory note accompanying it.
' s-Gravenhage, 6 March 2001
Beatrix
The Minister for Economic Affairs,
A. Jorritsma-Lebbink
Issued the 20th of March 2001The Minister of Justice,
A. H. Korthals
