Decision of 14 February 2006 laying down rules on provisions relating to security of supply (Decision on the supply security Electricity Act 1998)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of our Minister of Economic Affairs of 15 November 2005, No WJZ 5712882;
Having regard to the Article 16, ninth paragraph , and 95f, second paragraph, of the Electricity Act 1998 and to the Articles 10a, fourth paragraph and 47, second member, of the Gas Act ;
The Council of State heard (opinion of 12 January 2006, No W10.05.0503/II);
Having regard to the further report of our Minister of Economic Affairs of 8 February 2006, No WJZ 6009332;
Have found good and understand:
For the purpose of this Decision:
a. Act: the Electricity Act 1998 ;
b. retail sale: in Article 95a, first paragraph, of the Act Intended customer;
c. Supply permit: permit, intended in Article 95a, first paragraph, of the Act .
1 The holder of the authorisation shall, if it provides or should provide that he will no longer be able to supply electricity to its retail customers or if he has applied for the payment of a payment or has In the case of bankruptcy proceedings have been requested, without delay notifying the network operator of the national high voltage network and of our Minister.
2 If a net manager of the information at the disposal of the network has reason to suspect that the continuity of the supply is at risk by a permit holder, he shall report it as soon as possible to the network manager of the country concerned. High voltage grid and our minister.
If the holder of the payment has been declared bankrupt, the holder of the authorization and the holder of the authorization, together with the liquidator, shall consult with him at the request of our Minister. and with the network operator of the national high voltage grid with a view to its delivery obligation and the application of this Article.
4 A decision to revoke a supply authorization shall enter into force not more than 10 working days from the date on which that decision is taken. The holder of the authorisation or the holder of the licence and the holder of the authorisation, together with the administrator, shall forthwith inform the small consumers of the electricity supply to which he supplies electricity.
5 After the date of adoption of a decision to withdraw a supply authorization,
a. the small consumers of the relevant holder of the market do not have the power to suspend their undertakings, and a network operator shall not make a supplier's exchange at any request made after that date from the retail authorities until the entry into force or revocation of the relevant decision;
b. either the holder of the authorisation or the holder of the licence, together with the holder of the authorisation, shall, as soon as possible, transfer the file to small consumers in whole or in parts thereof to one or more other licensees, who shall supply the to continue electricity to the customers concerned;
c. takes the network manager of the national high voltage grid, as far as reasonably necessary to ensure that, during the period from the time when the revocation decision was taken up to the date of its entry into force the supply of electricity may continue to be delivered to the retail, at the request of the holder of the authorisation or the holder of the licence and the holder of the authorisation shall, together with the liquidator, carry over the payment obligation on the part of the holder. on subcontracting of electricity for the benefit of small consumers during that period.
6 The network manager of the national high voltage network shall ensure that the supply of electricity to small consumers, at the time of the entry into force of the revocation decision, still has an agreement with the relevant holder of authorisation have been continued as of that time by another permit holder. For this purpose, he shall coordinate the distribution of these retail users among the other licence holders and shall give instructions to the network operators. The holder of the authorisation thus designated shall continue to supply electricity to the small consumers assigned to it from that date under its terms and conditions. The distribution shall be made in proportion to the total number of retail customers already subject to the other licence holders, unless our Minister decides otherwise. Network operators shall provide the network manager of the national high voltage network with the information necessary for the performance of this task.
7 The network manager of the national high voltage system shall, in proportion to the number of retail users of the national high voltage network, make a part of the costs to be borne by them, incurred in execution of his/her task, intended to be carried out in accordance with the The fifth paragraph, part c, shall be taken into account. Each licence holder shall calculate the amount in question to the small consumers which it supplies electricity, charging for each retail consumer an equal amount.
8 Permit Holders apply in their agreements to retailers terms and conditions which are in accordance with what is determined by or under the law.
9 The purchasing contracts of licence holders shall not contain any clause for the termination of the law of those agreements where the holder of the authorization has been granted payment of payment or is declared bankrupt, or in the event of his sursension or bankruptcy has been applied for, or in the event of the withdrawal of his licence or of clauses allowing the supplying producer or trader to suspend or dissolve or discontinue the undertaking in those cases, or continue changing terms and conditions, in so far as they relate to delivery; Of electricity for the benefit of small consumers.
The articles of this Decision shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts thereof.
This decision is cited as: 'Supply guarantee of the Electricity Act 1998'.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 14 February 2006
The Minister for Economic Affairs,
L. J. BrinkhorstIssued the second March 2006
The Minister of Justice,
J. P. H. Donner