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Decision of 27 October 2014 laying down rules on the costs to be charged by ACM to market organisations (Decision on the calculation of costs incurred by the ACM)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Economic Affairs of 14 July 2014, No WJZ/14115872;
Having regard to Article 6a, fourth, sixth and eighth paragraph, of the Incomposition Act Authority of Consumer and Market ;
The Department for the Advisory Board of the State heard (opinion of 4 September 2014, No W15.14.0254/IV);
Having regard to the further report of our Minister of Economic Affairs of 21 October 2014, No WJZ/14151771;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
ACM: The Consumer Authority and the Market Authority;
order to pay: the order referred to in Article 4:86 of the General Administrative Law ;
amounts: the amounts corresponding to Article 6a, seventh paragraph, of the Act shall be established;
Law: The Institution Consumer Authority and Mark t.
The amounts shall be charged by ACM to the market organisations and collected by ACM.
1 This Chapter shall apply to the calculation of the costs of the decisions referred to in the Article 4, first paragraph, parts a, b and c .
2 Costs incurred shall include costs related to the adoption of a decision, including costs related to the handling of an application for disposition.
3 It is not calculated that the costs are consistent with a decision of the ACM not to deal with an application for the adoption of a decision.
1 The costs of decisions of the ACM shall not be calculated in accordance with this Chapter, with the exception of the costs of:
a. Orders to award numbers pursuant to the provisions of the provisions of the Telecommunications law ;
b. Decisions on the registration of certification service providers without a valid proof of review pursuant to the provisions of or under the Telecommunications t;
c. Decisions referred to in the Articles 25 , 37 , 40 , 44 and 46 of the Competition Act .
2 The amounts to be charged for the calculation of the costs of the decisions referred to in paragraph 1 (a) may be determined in different quantities for different numbers or types of numbers.
1 The amount due for the adoption of a decision is an amount based on the average costs associated with the operation of that decision.
2 For the purposes of the first paragraph, for the purposes of taking the decisions referred to in Article 2 (2), Article 4, first paragraph, parts b and c , no distinction made between decisions to grant an application for decisions and decisions to reject such an application in whole or in part.
If an application by ACM in consideration of a market organisation is to give a decision as referred to in Article 4 (2) of the EC Treaty. Article 4, first paragraph, parts b and c , it shall be withdrawn before the ACM has taken a decision on the application, which shall be responsible for the amount due for the operation of the relevant decision of the market organisation concerned.
1 The ACM shall send the order payment at the same time as the publication of the decision for which the amount is charged.
2 Where an application for a decision is as referred to in Article 4, first paragraph, parts b and c , is withdrawn before ACM has taken a decision on the application, ACM shall send the order payment within four weeks of receipt of the revocation of the application.
1 This chapter applies to the calculation of the costs incurred by ACM, except for the costs of which the calculation will be settled in Chapter 2 .
2 Not to be charged to the market organisations the costs shall be:
a. of the verification that ACM maintains compliance with the provisions of, or pursuant to, the Competition law and certain at or under the Protection of consumer protection law ,
b. of the oversight by ACM to ensure compliance with the provisions of, or pursuant to Article 4.4 , Chapter 7 , with the exception of Article 7.7 , Chapter 11 , except the 11.5b and 11.10 , and Article 12.1 of the Telecommunication Act ,
c. of the oversight of ACM with respect to compliance by other than network operators of the specific case of, or pursuant to, the following:
d. of the supervision that ACM maintains on compliance by others than permit holders of the particular at or under the Thermal Act ,
e. of the verification that ACM maintains compliance with the provisions of, or pursuant to, the Railway Act and of the specific case of, or under the conditions of Passenger Transport Act 2000 ,
f. of the verification that ACM maintains compliance with the provisions of, or pursuant to, the Drinking water law , and
g. of the verification that ACM maintains compliance with the provisions of, or under the conditions of, the Law on financial supervision .
1 The amounts shall be valid for one calendar year and shall be fixed each year before 1 May each year.
2 The amounts shall be determined on the basis of the costs incurred by ACM in the calendar year preceding the calendar year in respect of which the amounts are valid.
3 The costs referred to in paragraph 2 shall be added to the amounts not collected by ACM, due to bankruptcy of the relevant market organisations, in the calendar year preceding the calendar year in respect of which the amounts are valid.
4 If, owing to bankruptcy, amounts added were charged to the market organisations which have been declared bankrupt, but whose estate has not yet been settled, ACM shall draw the related information to that market organisation. taking decisions to pay.
1 For the calculation of the amounts, the costs shall be allocated to categories of similar activities or services, where:
a. direct human costs are allocated directly to a category on the basis of the realised number of direct hours for that category;
b. direct material costs are directly allocated to the relevant category;
c. indirect human and indirect material costs shall be allocated to a category in proportion to the realised number of direct hours for that category.
2 The categories referred to in the first paragraph shall be as follows:
a. for the energy sector:
1 ° regional grid management of electricity;
2 ° regional grid management gas;
3 °. Rural grid management electricity;
4 ° land gas management gas;
5 °. Hot-hot water supply;
b. for the heading sector:
1 °. universal postal service;
2 °. Non-universal postal service;
c. for the telecommunications sector:
1 °. public electronic communications services, public electronic communications networks and associated facilities;
2 °. numbers;
3 °. services of certification-service providers;
d. for the sector of registry pilots: pilotage;
e. for the aviation sector: aviation.
3 By ministerial arrangement, categories of similar works or services may be determined by category of similar work or services. In these sub-categories, the first paragraph shall apply mutatis mutandis.
ACM makes for the application of Article 10 use of a cost accounting system which is designed so as to ensure that the costs of the relevant categories of similar activities or services can be deduced in unambiguous and comprehensible manner.
1 For the purposes of applying Chapter 3 The purpose of this Decision is to include turnover on turnover which a market organisation belonging to a given category has obtained in the Netherlands in respect of activities covered by the task of ACM in that category.
2 For the purpose of fixing the amounts, the costs of the categories of the market shall be allocated to the market organisations in that category, in proportion to the relevant turnover of those market organisations.
3 In the case of a ministerial arrangement, the relevant turnover shall not be charged to a market organisation. This turnover may be determined differently for the different categories of goods.
For the purposes of applying the second paragraph, the relevant turnover achieved in the year of the year shall be based on the assumption of the relevant turnover. Each year shall be the calendar year that precedes the calendar year for which the amounts are fixed.
5 By way of derogation from the second paragraph, the Article 10, second paragraph, point (c), below 2 ° -allocated cost of the market organisations, in proportion to the number of numbers allocated on 1 January of the calendar year in respect of which the amounts are valid. Ministerial arrangements shall determine the cases and procedures for adjusting for the balance of import and export numbers at that date.
6 By way of derogation from the first paragraph, the Article 10 (c) (3), second paragraph The category of imputed costs to the market organisations shall be allocated in proportion to the number of licences issued to the public on 1 January of the calendar year in respect of which the amounts are valid.
1 A market organization belonging to an in Article 10, second paragraph, part a, below 1 °, 2 ° or 5 ° b, below 2 °, or part c, below 1 ° , mentioned category, provided before 1 January of the calendar year for which the amounts are fixed to ACM an indication of the relevant turnover achieved during the year, unless the ACM has already informed the market organisation of the with regard to data.
2 The declaration shall be accompanied by a statement from an auditor registered in the auditing register provided for in Article 2 (1) (b) (2). Article 36 of the Law of the Board of Auditors , that the task gives a true and fair view of the relevant turnover recorded in the poll year and fulfils the requirements laid down in or pursuant to this Decision.
3 If the annual accounts have been adopted, the market organisation shall be accompanied by those annual accounts.
4 By ministerial arrangement, the relevant turnover shall be defined below which a market organisation can make an indication without adding a declaration as referred to in the second paragraph and a revenue and expenditure account referred to in the third paragraph. This turnover may be determined differently for the different categories of goods.
5 A statement of net turnover on the basis of Point 377, third paragraph, point (a), of Book 2 of the Civil Code shall be entered in the annual accounts, comply with the declaration referred to in paragraph 1.
6 Where the net turnover referred to in paragraph 5 is given, instead of a statement of account as referred to in paragraph 2, a statement of account as referred to in the second subparagraph may be drawn up as referred to in the second paragraph of this Article. Article 393, Fifth paragraph, of Book 2 of the Civil Code shall be provided.
7 If the organization of the market has not complied with the obligation referred to in paragraph 1 in good time, or has made a manifestly incorrect or incomplete declaration and has not recovered the failure to do so after having been given the opportunity to do so by ACM, the ACM may make an estimate of its relevant turnover and, on that basis, set the amount.
8 By ministerial arrangement, detailed rules may be laid down on the list of the relevant turnover by the market organisation and on the statement by the auditor referred to in the second paragraph.
9 In the case of ministerial arrangements, information and documents may be designated by a market organisation which, in accordance with the provisions of the fourth paragraph and under paragraph 4, is not required to add a statement of auditors and to an annual account and to the accounts and in relation to which ACM suspects that it has provided an incorrect task, it must be provided at the request of ACM. The information and documents referred to in the first sentence may cover the statement of auditors and financial statements referred to in paragraph 4.
1 In the case of a group referred to in Article 24b of Book 2 of the Civil Code By way of derogation from Article 2 For the purpose of calculating the relevant turnover of the group, the relevant turnocations of all market organisations belonging to that group shall be added to each group. For this calculation, transactions between the market organisations belonging to that group shall not be taken into account.
2 Where a market organisation has taken over the activities of one or more other market organisations in or after the poll, the calculation of the relevant turnover shall take place, taking into account the part of the relevant part of the market in each year. the relevant turnover of the market organisations which previously established the activities. The obligation to declare in this Part a declaration of Article 12a, first paragraph It is the market organization that has taken up these activities. Article 12a, seventh paragraph, shall apply mutatis mutandis.
3 By ministerial arrangement, activities may be identified by category or sub-category of market organisations from which the relevant turnover is not involved in the calculation of the relevant turnover of the relevant market organisations.
4 In the case of the ministerial arrangement referred to in paragraph 3, only activities which are intertwed with activities beyond the supervision assigned to ACM shall be designated as not.
ACM shall issue decisions until payment by 30 June each year.
1 By way of derogation from Article 9, second paragraph , may, for the purpose of a gradual transition, as referred to in Article 6a, eighth paragraph, of the Act , the amounts for the calendar years 2015, 2016 and 2017 are fixed lower. If this is the case, the reduction for all sectors is the same in relative terms.
2 By way of derogation from Article 12a, first paragraph , shall provide a market organisation belonging to a category referred to in Article 12a (1) for the purpose of fixing the amounts for the calendar year 2015, of the list of relevant turnover referred to in Article 12a, first paragraph, before 1 March 2015.
3 By way of derogation from Article 14 , ACM shall send decisions for payment in the year 2015 by 31 July at the latest.
The Competition Law Cost Narrative Decision and the Act Fees Act shall be withdrawn.
This Decision shall enter into force on the date of its entry into force. Article I, Section E, of the Law of 25 June 2014 amending the Law of Inposition Consumer and Market Authority and any other laws relating to the streamlining of the market surveillance of the Authority of Consumer and Market Authority (Stb. 2014, 247) Article 6a enters into force.
This decision is cited as: Decision passing on costs ACM.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
Wassenaar, 27 October 2014
William-Alexander
The Minister for Economic Affairs,
H.G.J. Kamp
Issued the thirty-first October 2014The Minister for Security and Justice,
I. W. Opstelten
