Decision of 28 February 2015, derogating from the 1998 Electricity Act for the decentralised production of renewable electricity, as an experiment, as an experiment (Decision on the decentralised sustainable generation of electricity)
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 13 October 2014, No WJZ/14160558;
Having regard to Article 16, first paragraph, 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 withdrawing energy Directive 2001 /77/EC and Directive 2003 /30/EC (PbEU 2009, L 140) and Article 7, third paragraph, first and third paragraphs, 26, fourth paragraph, 36, parts d and e, 41, of Directive 2009 /72/EC of the European Parliament and of the Council of 13 July 2009 on common rules for the internal market in electricity and repealing Directive 2003 /54/EC (PbEU 2009, L 211) and Article 7a, first paragraph, of the Electricity Act 1998 ;
The Department for the opinion of the Council of State heard (opinion delivered on 28 November 2014, No W15.14.0370/IV);
Having regard to the further report of our Minister of Economic Affairs of 24 February 2015, No WJZ /14202453;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
- available means: an available electronic means of applications as referred to in Article 2:15, 1st paragraph, of General Law governing law and an established application form as intended Article 4: 4 of the General Administrative Law Act ;
- Consumer: person as intended in Article 230g, first paragraph, part a, of Book 6 of the Civil Code ;
- cooperative: an association referred to in Article 53 of Book 2 of the Civil Code ;
- project: a set of operations in which, as an experiment, deviating from the Law ;
- Project network: a network, other than the national high voltage network,
1 °. that with one connection is connected to a network managed by a network manager as intended Article 1 (k) of the Act ;
2 °. that is within a geographically defined location or location with shared services;
3 °. to which a maximum of 500 customers are connected; and
4 °, providing mainly consumers with electricity;
- Association: a co-operative or association of owners;
- Association of owners: an association referred to in Article 124, 1st paragraph, of Book 5 of the Civil Code ;
- Law: The Electricity Act 1998 .
1 Our Minister, for a period of four years from the date of entry into force of this Decision, may, by way of an experiment, waive the prohibition in respect of the prohibition on the application of the Article 16, third paragraph , 16a in conjunction with Article 16, first paragraph, with the exception of parts h, j and m, in conjunction with 93 of the Act for the implementation of a project that provides:
a. To a maximum of 10,000 customers:
1 °. optimise supply and demand of electricity in the case of supply of decentralised renewable electricity or electricity
2 ° laying or maintaining a part of a net, connection or tool and the provision of decentralised renewable electricity generated.
b. the creation or maintenance of a project network and the provision of decentralised renewable electricity generated.
2 The derogation may also apply to the application under Article 10 of this Decision of the Articles 26b , 28, first and second members , 29 , 30a , 36, 1st Member , 53 to 59 , 86d , 95lb , and 95lc of the Act .
1 The derogation provided for in Article 2 , may be granted to an association for a project which contributes to developments in the field of decentralised renewable electricity or electricity generated in an installation for cogeneration as referred to in Article 4 (2) of the EC Treaty. Article 7a, second paragraph, of the Act .
2 The waiver also relates to acts of other persons, which are described in the project, including the network manager and suppliers.
1 Our Minister may apply for a waiver or restrictions in relation to the interests of transport security, security of supply, safety, environment and consumer protection, unless the documents submitted to the application indicates that these interests have been sufficiently taken into account and that the provisions described by the applicant in those documents have been sufficiently defined.
2 The derogation is exempted from the requirement that the project be carried out in accordance with the application and the documents submitted to the application.
3 The waiver can only be transferred to another holder with the permission of Our Minister.
4 Requirements and limitations related to an act described in the project and carried out by a person other than the applicant shall also apply to that other person.
1 A ministerial arrangement establishes a period of time in which an application is made to a body designated by Our Minister.
2 The application shall make use of a means made available by Our Minister.
2 Under the ministerial arrangement referred to in Article 5, first paragraph , the maximum generation capacity for projects shall be established in relation to the expected use of the customers participating in those projects.
1 Our Minister refuses to grant a waiver, if:
(a) the application does not comply with a provision of this Decision;
b. for the creation of the project in derogation under a different article from Article 7a of the Act It may be provided;
(c) no derogation is required for the completion of the project;
d. there is evidence that the reliability of the electricity supply, including the transport security or the supply security of electricity to one or more customers, is endangered in one of the connected networks;
e. there are indications that the project is:
1 °. cannot be safely exported,
2. does not provide sufficient guarantees for the protection of consumers or
3 °. contrary to the interests of the protection of the environment;
f. participates in the project a customer, who is not a member of the association, unless the customer is a legal person with which the association has full control;
g. Not all customers are connected to the same central or low voltage network of the network operator which is the subject of the application or which may be connected within half a year of the grant of the exemption;
h. an act that is part of the project is not fully executed under the responsibility of the waiver holder, unless that act is by the network administrator or a licence holder as intended. Article 95a of the Act is carried out at a reasonable level of remuneration, if it is found by a document signed by the network administrator or the holder of the authorisation;
(i) other than the association, with the exception of a legal person where the association has full control, generates renewable electricity;
(j) any person or legal person who is directly or indirectly a network administrator within the European Union or in a third country or is a supplier or producer directly or indirectly of electricity of a magnitude greater than the one mentioned in the application to be generated the maximum capacity of the association to exercise any control;
k. the general assembly of members of the association in statutory provisions, regulations or contracts is in any way excluded from control of the establishment, progress or cost sharing of the project;
(l) it is not reasonable for members of the association to be able to bear the costs of the project in the short and long term;
m. the association does not sufficiently demonstrate the necessary organisational, financial and technical qualities for the proper performance of its task;
n. the project does not have a reasonable chance of succeeding in the chosen form of organisation, knowledge and expertise;
(o) no provision has been made in the case of a customer as intended for the purpose of Article 95a of the Act , wants to involve electricity from a supplier other than the association;
p. Customers with a connection with a higher pass value than that specified in Article 95a of the Act , with the exception of a customer with a connection for an installation that generates renewable electricity for the project with a maximum capacity of 5 MW;
q. Less than 80% of customers are consumers;
r. the power generation capacity of the association and its members jointly and through our Minister under Article 6 the capacity determined must be exceeded;
s. the association has not made sufficient provision for the collection of a deficit or surplus of electricity due to changes in the capacity generated by the units of the association and the members of the association;
t. customers in the project participate in the purchase of electricity from a direct line, a closed distribution system, a project network which is not part of that project, or a high-voltage network;
you. the project by its nature in the Netherlands is not repeatable;
v. technical provisions in the project shall not be carried out at a level equivalent to the technical level used by a network operator;
w. the project is not passable in the network of a network administrator;
x. Insufficient facilities have been made by the applicant to perform tasks as intended Articles 16 and 16a of the Act , for which waiver has been granted, after completion of the project, or if necessary during the project, to be transferred to a network manager, in particular if the project provides for the construction or creation of an object in the normal course of the project. Network operator shall be provided;
y. the applicant has failed to provide for any obligations arising from the holding of a licence for the supply of electricity after the completion of the project, or, if necessary, during the project to a holder of a licence as intended to Article 95a of the Act .
2 The first member, part q, does not apply to an application that relates to a project net.
2 Our Minister arranges a project without a project network to the extent that the project is more than other projects compared to the existing situation:
a. Increase the share of renewable electricity in the total energy consumption of the customers, including in the case of cogeneration: the contribution of the project in increasing the yield of the total energy consumed by the customers,
b. lowers the net load by synchronizing demand for electricity with the provision of electricity and steering demand and supply,
c. has a chance of succeeding, having regard to technical, economic, administrative and legal practicality, the knowledge and expertise of the project participants as well as the organisational form and financing of the project throughout the overall duration, taking into account the probability that participants no longer wish to participate in the project during the duration of the project,
d. may lead to corresponding projects in the Netherlands after having been provided with a continuation of it other than as an experiment as referred to in Article 7a, fourth paragraph, of the Act ,
e. may lead to a significantly greater involvement of consumers participating in the experiment in the joint energy supply, than elsewhere in the Netherlands,
f. in the application of the criteria under a to e different projects in the Netherlands and thereby contribute to the acquisition of new knowledge in relation to decentralised renewable electricity or electricity generated in a Installation for cogeneration,
g. if a project is considered equivalent after the application of the criteria under (a) to (f), the project shall be ranked higher than in the opinion of our Minister for reasons other than those mentioned in those criteria to a higher degree. contributes to developments as referred to in Article 7a, second paragraph, of the Act .
3 For a project with a project net, the order of entry shall apply as a criterion for the ranking.
Our Minister may amend a waiver, attach new rules and restrictions to the waiver or withdraw the waiver if:
(a) the holder of the waiver so requests;
(b) the conditions for the exemption, the rules laid down in the derogation or the restrictions imposed by the exemption are not fulfilled;
Derogation from the provisions of this Decision Law the provisions of the corresponding provisions have not been complied with, or the provisions of the law which have applied are not being complied with;
(d) the information provided is found to be inaccurate or incomplete, that another decision would have been taken on the application, if the correct information had been disclosed in the assessment;
e. the holder of the waiver is no longer in a position to consider the activity for which an exemption was granted or the rules laid down in the waiver;
f. the transport security of electricity in a net is in danger;
g. the supply security of electricity in a network is in danger;
(h) a new fact occurs that, if that fact had been provided for in the assessment of the application, this fact would have led to a refusal of the derogation;
After a period of not less than four years and three months after the granting of the exemption, it appears that the project does not make a small contribution to developments as referred to in Article 4 (1). Article 7a, second paragraph, of the Act ;
j. in connection with change of Law Any change in circumstances or changes in the interests of the interests with which the waiver takes account should outweVe the interests of the parties concerned by an unamended decision.
1 The waiver holder, referred to in Article 2 , the project runs out:
a. With corresponding application of the Articles 19c , 19d , 19th, 1st Member , 20 , 23, except for the second sentence of the third paragraph , 24 , 24a , 26a , 26aa to 26ah , 26b , 28 , 29, up to and including 30a , 31b , 31c , 36, 1st Member , 51 , 53 to 59 , 78 , 79 , 86d , 95lb , 95lc and 95m of the Act except that:
1 °. 'system operator' means the holder of the waiver for tasks described in the project; and
2 °. 'Net' means a connection which is part of the project.
3 According to Article 85, first paragraph, of the Act , under ministerial arrangements, a fee may be provided for the charges to be charged to a waiver holder.
4 In addition to the first paragraph, the following deviant rules apply to a project with a project net:
a. the project network is not another network as intended Article 10, ninth paragraph of the Act and
b. the Article 15, fifth paragraph , and 16, first member, except for parts h, j, and m of the law , shall apply mutatis mutandis to the waiver holder, unless an agreement between the waiver holder and the netmanager of the net to which the project network is connected, it appears that the network administrator is prepared to do tasks as to perform in those articles.
By way of derogation from Article 16, first paragraph, with the exception of parts h, j and m, of the law a network manager is not required to perform a task as referred to in that Article, if that task is provided by a waiver holder as referred to in Article 2 carried out under that derogation.
1 By way of derogation from the Articles 40 to 41d and 42 of the Act the holder of the waiver shall forward to the Consumer and Market Authority the method of calculation of the tariffs necessary for the performance of tasks referred to in Article 40 of the Act to the Articles 28, 1st paragraph , 29, 1st Member , and 30a of the Act for the approval of this calculation method.
2 The Consumer and Market Authority takes account of Article 14 of Regulation (EC) 714/2009 and Article 36, parts (d) and (e) of the Directive.
3 The Consumer and Market Authority may assess after a complaint from a customer or at the request of a body of the association, if the rates fixed by the association are calculated according to a method corresponding to the previously approved calculation method. Article 51 of the Act shall apply mutatis mutandis.
a. Under a customer as intended in Article 95b, first paragraph, first sentence 'Each member of the association, who is established in the area in which the project is to be implemented', is defined as:
By way of derogation from the Articles 95b, first paragraph, first sentence , and 95cb, first paragraph, first sentence, of the law is a supplier, other than the holder of the waiver, not required to take care of the supply of electricity, referred to in Article 95b, first paragraph, first sentence, or to bill or collect amounts as referred to in Article 95cb, first paragraph, first sentence, of the Act , with regard to tasks taken by the holder of the waiver.
1 Our Minister grants a waiver for a maximum period of 10 years.
2 Our Minister may extend the period mentioned in paragraph 1 to a reasonable period of more than 10 years if:
a. not at or under the Law Is provided with a continuation of the project other than as an experiment as intended in Article 7a, fourth paragraph, of the Act and termination of the project may not be required to be reasonably required, or
(b) the project provides for the purchase of goods for which a depreciation period of economic value is valid for more than 10 years.
1 Our Minister may determine at which moments during the period and at the end of the project a report of the project shall be submitted to:
2 The waiver holder shall, in any case within four years and three months after the grant of the waiver, send a report on the progress and results of the project to Our Minister.
3 The report referred to in paragraph 2 shall, in any event, relate to the following questions:
a. is the share of renewable energy of the total final energy consumption among the customers participating in the project increased?
b. did the project lead to a significantly lesser load on the net?
(c) to what extent are customers satisfied with the services provided, and to what extent does it appear that a decrease in the percentage of customers compared to the total number of customers in the area concerned or change in the number of customers is concerned?
In the case of cogeneration, in the case of cogeneration, the question is also answered to what extent the efficiency of the energy media landed has been increased by the use of cogeneration.
This Decision shall enter into force with effect from 1 April 2015.
This decision is cited as: Decision experiments decentralized renewable electricity generation.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
Wassenaar, 28 February 2015
The Minister for Economic Affairs,
H.G.J. KampIssued the 10th of March 2015
The Minister for Security and Justice,
I. W. Opstelten