District Heating Act (2008:263)

Original Language Title: Fjärrvärmelag (2008:263)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:263

Introductory provisions



section 1 With district heating activities referred to in this law, the distribution of

pipes of hot water or brine for

heating, if any group within a certain geographical

area must be connected to the business.



A district heating activities also include production and

the sale of the heat is distributed in the pipelines, if

the deployment also engages in the production and

the sale of the heat.



2 for the purposes of this Act, section



agreement on district heating: agreement on the distribution by pipeline of a

heat for heating and for the sale of the

distributed heat,



district heating companies: legal person who carries out the

the district heating business,



district heating customer: the person who entered into an agreement with district heating

a district heating companies,



consumer: district heating customer who is a natural person and who

use district heat mainly outside business activities,



prima heat: heat from hot water or brine for

heating in the connection point has such a temperature

and such pressure it is possible to enter at

the supply pipe without additional heat energy or

pump energy needs to be supplied. Law (2014:444).



section 3 of that provided for in this law in the field of district heating company

shall also apply to natural persons engaged in

district heating operations.



section 4 of the terms in comparison with the provisions of this

law to the detriment of the consumer are void against him.



Price information



section 5 of The district heating companies to ensure that information about

district heating company's rates for district heating and for a

connection to the district heating business and how a price

determined are easily available for district heating customers and

General. Different rates apply to different categories of

district heating customers have the same obligation of district heating company

ask for information on the criteria for the classification of

district heating customers of different categories.



Pricing information should be accurate and clear.



The Government or the authority that the Government may

provide for the obligation to provide price information

to the public in accordance with the first and second subparagraphs.



Agreement on district heating



Duties of a district heating



paragraph 6 of The agreement on district heating shall include information on



1. district heating company's commitment to the district heating customer,



2. the price of district heating and how it is determined,



3. where district heating customer can find information about

district heating company's rates for district heating,



4. the duration of the agreement,



5. in the case of contracts that run for a certain length of time, what

concerns with respect to the renewal of the agreement,



6. measuring the amount of heat energy supplied and reporting

the measurement results to the customer and billing of the customer,



7. the agreement allows the district heating company making a unilateral

modification of the contractual terms and conditions to

district heating company to make such a change,



8. the conditions for termination of the contract,



9. district heating company's liability if it does not

comply with the agreement,



10. who is responsible for the costs of a disaster recovery



a) a connection to the district heating business,



(b)) a maintenance of the pipelines, or



c) a removal of the connection,



11. the ability to request a hearing and to apply for

mediation under this Act, and



12. when it is concluded with a consumer, how district heating company

on its website or otherwise provide the

additional consumer related information referred to in paragraph 6 (d).

Law (2014:272).



6 a of A district heating company is required to measure the amount of

supplied heating energy and its distribution over time.



If no agreement on shorter time intervals has been concluded with the

district heating customer, amount of delivered heat energy in a

district heating customer's delivery point shall be measured once per month.



Unless otherwise agreed with district heating customer will

district heating company report measurement results to the customer a

time per month.



The Government or the authority, as the Government determines

notifies the methods of measurement and reporting.

Law (2011:934).



6 b of A district heating company billing of customers should refer to

measured quantities.



Unless otherwise agreed with district heating customer billing

of the customer be at least four times per year.



The Government or the authority, as the Government determines

Announcing details of the charge.

Law (2011:934).



6 c § A district heating company may not charge any fee

to provide district heating customers invoices and

billing information about energy use. Law (2014:272).



6 d § district heating companies that conclude contracts with consumers

should provide clear information on their websites about the independent

User Advisory services where customers can get advice if available

energy efficiency measures and comparison profiles.



At the consumer's request, the information shall be provided in any other

way.



District heating companies, on or in connection with invoices to

consumers either disclose the information resulting from

the first paragraph or refer to the information available on

the website and on request be provided otherwise.

Law (2014:272).



Negotiation of contract terms for district heating



section 7 of The district heating companies should negotiate with a district heating customer

requesting negotiation of price for district heating or if

the capacity of a connection to the district heating business.



To a district heating company may have a bargaining obligation

in cases where the company made a unilateral change of contractual terms

to district heating customer's disadvantage to the provisions of article 19.



section 8 A district heating company obligation to negotiate with a

district heating customer means that district heating company



1. indicate the reasons for the contractual terms which the hearing relates,



2. provide district heating customer with sufficient information for an assessment

the fairness of the contractual term, and



3. try to get along with district heating customer if

the contractual term.



§ 9 About a negotiation does not lead to any agreement,

district heating district heating company notify the customer that

the hearing is completed, and indicate the reasons for

district heating company setting.



The notification may be made verbally at a meeting between

district heating and district heating company customer. If such an oral

notification is made shall notify the district heating company

district heating customer in writing.



Mediation



section 10 If a negotiation between a district heating company and a

district heating customer does not lead to an agreement on terms and conditions

for district heating, district heating, district heating company or customer

apply for mediation.



section 11 of the application for mediation shall be submitted to the authority

mediation under this Act. The application shall be submitted to the

authority within three weeks from the day the district heating company

under section 9 of the district heating notified the customer that the hearing

been completed.



section 12 of the applicant for mediation should at the same time as the application is

in paying a filing fee of $100. A consumer shall

instead pay 500 kronor.



paragraph 13 of the authority under this act as arbitrator, decides on the

mediation.



An application for mediation shall be granted only if the authority

considers that a mediation can lead to an agreement between the

district heating and district heating company customer.



section 14 of the application for mediation shall be rejected if



1. the applicant has not paid the application fee;



2. the application does not contain an adequate statement of the

circumstances relevant to the mediation task, despite

that the applicant submitted to the remedying of the defect, or



3. the application has been submitted late for the authority.



15 § When the authority as mediator under this law determines that

There is no more reason to continue the mediation,

authority shall terminate the mediation.



District heating and district heating company the customer shall be notified of a

decision to terminate the mediation.



section 16 of the authority as mediator under this Act shall notify the

injunctions needed mediation task.



Such an order may be subject to a penalty.



Unilateral alteration of terms to district heating customer's disadvantage



The agreement



section 17, If a district heating company of district heating has been given

the right to unilaterally amend the terms and conditions to the detriment of a

district heating customer, the provisions of §§ 18-26.



District heating company's duty to notify



section 18 if the district heating company makes a change to the terms of the agreement,

to district heating customer notified in writing the change

not later than two months prior to the date the modified terms shall begin

apply.



The notice shall set out the reasons for the change, as well as a

disclosed to district heating customers have the right to request

negotiation, apply for mediation and to terminate the agreement.



If district heating company does not comply with the provisions of the first and

second subparagraphs, the amended terms and conditions shall not apply.



Negotiation of the revised terms and conditions



section 19 of The district heating company is obliged to negotiate with a

district heating customer if a unilateral amendment of the terms and conditions to

district heating customer's detriment, if the customer requests a hearing within three

weeks from the date the customer in accordance with section 18 were informed of the

changed the terms of the agreement.



section 20 Of the district heating customer requested a hearing pursuant to section 19, but

meet no agreement between the parties, the

modified terms applicable from the day they start to start

apply, but no earlier than three weeks from the date

district heating company according to § 9 informed the district heating customer if

the hearing ended.




This does not apply in the cases referred to in section 21 or if

district heating Customer terminates this agreement in accordance with section 23.



Mediation



section 21 If a request for arbitration made under section 10 in respect of a

unilateral amendment of the terms and conditions for district heating customer's

disadvantage, but meets no agreement between

the parties, the revised terms and conditions begin to apply from the

Today they will take effect. Conditions may, however, be applied

No sooner than three weeks from the date the Agency announced the decision

to terminate the mediation or, if the application was made without approval,

No sooner than three weeks from the date of the decision.



This does not apply if district heating Customer terminates the agreement under

section 24.



Termination of the agreement for district heating



section 22 of A district heating customer has the right to terminate the agreement if

district heat for district heating customer notified under section 18 if the

changes in contract terms.



The termination shall be made to take effect no later than two months

from the day the customer was informed of the change, or the

later day following of 23 or 24.



In the case of a consumer comes to the termination shall be deemed to have

made when a notice of termination submitted for

promotion by mail or sent in any other appropriate manner.



section 23 For district heating customer requested a hearing pursuant to section 19, but

meet no agreement between the parties,

district heating customer is entitled to cancel the contract within three weeks

from the day the district heating company according to § 9 informed

district heating customer that hearing ended.



section 24 If a request for arbitration made under section 10 in respect of a

unilateral amendment of the terms and conditions for district heating customer's

disadvantage, but meets no agreement between

Parties, district heating customer is entitled to terminate the contract

three weeks from the date the Agency announced the decision to

terminate the mediation or, if the application was made without approval, last

three weeks from the date of the decision.



section 25 If a district heating customer cancels a contract under 22, 23

or section 24, agreement ceases to have effect three months from the date of

the termination.



During the period of notice, the amended contract conditions do not

applied.



section 26 of The district heating customer may terminate a contract if district heating

under section 22, 23 or 24, without the imposition of any charge, fee

or other obligation as a result of the termination.



Distribution of district heating for consumers



Interruption of distribution for breach



paragraph 27 of the Distribution of heat to a consumer must be stopped

If the consumer has neglected its obligations under the agreement

and the default is a material breach. Distribution

may, however, only be canceled if the consumer fails to comply with a

written invitation to within a specified and reasonable time meet

their obligations under the agreement.



The default is for something other than the consumer does not

paid under the contract, the written request shall contain

a notification of that distribution of district heating can

interrupted if the invitation is not complied with.



If the circumstances give grounds to fear that a break in

distribution can lead to a not insignificant personal injury or

extensive damage heat distribution may not

be discontinued. However, this does not apply if the consumer's behaviour

been unduly.



section 28 if a consumer fails to pay according to the agreement,

distribution of district heat should be discontinued if, in addition to what is stated

in paragraph 27 of the first and third subparagraphs,



1. district heating company's claim is undisputed,



2. the consumer is not followed the written invitation to pay

the claim and the consumer then served a written

reminder to pay within three weeks of the date of notification,



3. the note contained a notice stating that the distribution

of district heating can be interrupted if the debt is not paid, and



4. a statement of the contents of the reminder has been sent to

social welfare in the municipality in which the consumer is district heating

distributed.



Distribution of district heating must not be interrupted if the claim has

paid or the social welfare board within the time specified in the first

paragraph 2 has notified the district heating company that the Board pay

the claim.



section 29 Notifications and notices under section 28 shall be provided

According to the forms established by the Government or the

the Government authority determines.



section 30 of The district heating companies have the right to equitable remuneration of

a consumer for costs incurred by operations according to 27

and section 28 of the Act.



The suspension of deployment for security reasons, etc.



section 31 A district heating company may suspend the distribution of

district heating for a consumer to apply a measure

aims at



1. to avoid personal injury or major property damage,



2. extending district heating business, or



3. good distribution security.



The interruption shall not exceed what is necessary to

carry out the action.



District heating undertaking shall in due time inform the consumer about the

upcoming service interruption, if district heating company can predict that

the break will not be short-lived. The consumer shall be informed

personally or, if appropriate, by appropriation.



Liability for district heating company



32 § A district heating company to pay damages that a consumer

caused by the deployment of district heating is interrupted because

consumer negligence, unless the distribution of

district heating may be suspended under section 27 or 28.



33 § A district heating company to pay damages that a consumer

caused by the deployment of district heating is interrupted without

It depends on the consumer's neglect and without

district heating company is entitled to suspend distribution in accordance with

paragraph 31.



The same applies to the damage that a consumer is caused by



1. an interruption referred to in the first subparagraph of section 31 going on longer than

What is necessary to carry out the action, or



2. district heating company not informed the consumer pursuant to section 31 of the

the third paragraph about a coming disruption referred to in section 31 of the first

paragraph.



District heating company is not obliged to compensate a damage,

If district heating company show that the break in the distribution of

district heating is due to an impediment beyond the district heating company

control that it could not reasonably have foreseen

and whose consequences it could not reasonably have avoided

or overcome.



Interruption depends on someone as a district heating company has engaged

for maintenance, repair or similar work,

district heating company free from liability only if:

it hired would be free from liability

According to the third paragraph.



section 32 and 34 33 damages under § § includes compensation for

expenses, loss of income and loss.



35 section If the obligation to pay compensation to a consumer

According to sections 32 and 33 is an unfair burden in view of the

economic conditions in a district heating companies, may

the compensation is to be adjusted according to what is equitable.



In the assessment of damages is unfair

burdensome for district heating undertaking shall also take into account

existing insurance and insurance opportunities

conditions for district heating company to anticipate and

prevent damage and other special circumstances.



36 § right to compensation of district heating company is lost

unless the consumer informs the district heating company

the claim for compensation within three years of the injury

occurred.



Has a notice of claims for compensation submitted for

promotion by mail or sent in any other appropriate manner,

be regarded as a notification of the claim occurred when this was made.



Access to pipelines



section 37 If a district heating company receives a request for access to

the pipelines from someone wanting to sell heat to

district heating operations or use the wires for

distribution of heating, district heating company negotiate

access by the person who made the request. The obligation to negotiate

means that the district heating company will try to agree on

an entry with the one that requested it.



If an agreement cannot be struck on access,

district heating company specify the reasons for access is not permitted.



37 a of If anyone wants to sell heat to

district heating operations have requested access to pipelines

According to § 37 and a deal cannot be struck,

district heating company allow regulated access to the

the pipelines if the requested access is requesting it.



The obligation to provide a regulated access applies only

prima heating on fuel supply line and only if the establishment

to be connected is not already is or has been connected to the

input to the district heating company's pipelines.



District heating company has no obligation to provide a

regulated access if the company can show that there is a risk

for that it is suffering damage through access. If a regulated

access is not granted, the district heating company in writing

inform the person requesting access of the reason

be invoked. Law (2014:444).



37 b of A district heating company has an obligation to admit

regulated access according to section 37 shall provide the requesting

access a written contract proposal by which it shall

indicate in the paragraph and when the connection can be made and which

technical measures required for connection. The terms of the

the proposal must be reasonable.



District heating undertaking has the right to charge a reasonable fee for

to cover the costs of producing a proposal according to

the first paragraph. Before the draft agreement is developed,


district heating company of the amount of the

as requested access request it. Law (2014:444).



§ 37 c an agreement regulated access shall be valid for ten years.



The person who has requested access to pipelines must pay

the investment cost for the connection.



District heating undertaking shall receive reasonable heat

from the one who gets access to the pipelines and pay

compensation for the input heat. Compensation shall be equal to

district heating company benefit from the heat. Law (2014:444).



37 d § 37 regulated access disputes under paragraphs (a) to (c) be examined

by the supervisory authority.



A matter of obligation for a district heating company to admit

regulated access under section 37 shall not, however, necessary to consider whether

appliction to the supervisory authority not later than two years

After the district heating company sent a written

position on the requesting access under his

last known address. Law (2014:444).



Municipal district heating company



section 38 if such legal person referred to in Chapter 3.

16 (a) and 18 (b) of the local Government Act (1991:900)

district heating operations, the operations conducted on a commercial

basis. Law (2014:577).



39 § Despite the provision in Chapter 2. section 1 of the local Government Act (1991:900)

If the connection to the municipal area or its members,

a municipal undertaking referred to in Chapter 3. 16-18 of the same law

conduct the district heating business outside the municipality, if it is done in

geographical proximity to the district heating business in the municipality and

in order to achieve an efficient district heating operations.



Report of the district heating business



section 40 of The district heating companies to financial account

district heating operations, in particular by drawing up for each year

an annual report.



In accounting for district heating activities to the production of electricity

that have occurred at the same time with the production of the heat

deployed in district heating operations are considered to be included in

the business. The same applies to the sale of electricity.



The Government or the authority that the Government may

notify additional regulations on accounting for

district heating operations.



section 41 A district heating entity shall provide information on the operation and

business conditions in the district heating business. Such data

shall be provided for each coherent system of pipelines and

installations for the production of heat which is distributed in

the wires, if such production is included in

district heating operations.



If the price of district heating is the same in the different systems of

pipelines and installations for the production of heat,

However, the data relate to the overall activities of them.



The Government or the authority that the Government may

announce further provisions concerning the obligation to provide data.



42 § annual report shall be audited by an auditor.



The review shall be on the annual report prepared in accordance with

the provisions in force. The review should be as detailed and

extensive as generally accepted auditing standards require.



The auditor must provide a written opinion on the review.



The Government may provide for the review of

the annual report.



43 §/expires U: 2016-07-01/

The data on operational and commercial conditions in

district heating operations as well as a certified copy of the annual report

and the opinion of the audit of the annual report shall be submitted to

the supervisory authority. The data and documents shall have been

submitted to the supervisory authority within seven months from

the end of the financial year.



If district heating company decided on continued annual general meeting pursuant to

Chapter 7. section 14 of the Swedish companies Act (2005:551) or continued

General meeting according to Chapter 7. the third subparagraph of paragraph 4 of the law

(1987:667) on economic unions, apply instead to

the particulars and documents shall be submitted to the

the supervisory authority within nine months of the fiscal year

output.



Documents may be transmitted electronically to

the supervisory authority.



With certified copy assimilated electronic originals.



43 section/entry into force: 07/01/2016

The data on operational and commercial conditions in district heating operations as well as a certified copy of the annual report and the opinion on the review of the annual report shall be submitted to the supervisory authority. The particulars and documents shall be submitted to the supervisory authority within seven months of the financial year.



If district heating company decided on continued annual general meeting in accordance with Chapter 7. section 14 of the Swedish companies Act (2005:551) or continued general meeting according to Chapter 7. 12 section Act (1987:667) on economic unions, apply instead to the particulars and documents shall be submitted to the supervisory authority within nine months from the end of the financial year.



Documents may be transmitted electronically to the supervisory authority.



With certified copy assimilated electronic originals.

Law (2016:120).



Late payment fee



section 44 Of the annual report and the opinion on the review of

the annual report has not been submitted to the supervisory authority of the

the prescribed manner and within the prescribed period, the district heating company

pay a late fee of 10 000 kroons.



If the documents have not been submitted within two months from the

that a notice was sent to the district heating company to a

late fee has been collected, the district heating company pay

a second late fee of 10 000 kroons.



If the documents have not been submitted within two months from the

that a notice was sent to the district heating company to a

other late fee has been collected, the district heating company

pay a third late payment fee of 20 000 kroons.



45 § a late payment fee may not be charged for registration with

The Swedish companies registration office by a decision of a district heating company has

been declared bankrupt or went into liquidation.



If district heating company in receivership, this applies

only in the case of accounting for the time before

the winding-up decision.



section 46 Have district heating company in the time given in the annual report and

the opinion on the review of the annual report but have

documents any deficiency that can easily be corrected, get a

late fee will be charged only if the district heating company has

notified of the deficiency and had the opportunity to remedy it, but

not done it within the time specified in the notification.



Such notification may be sent by mail to the

postal address last notified to the district heating company

the supervisory authority.



47 § a late fee to be remitted if the failure to give

in the annual report or opinion on the review of

the annual report comes across as excusable in the light of

circumstances which could not have district heating company's control.

The late payment fee shall also be remitted if it appears

manifestly unreasonable to take it out.



Provision for remission shall be taken into account even if no claim for

remission has not been made, if the consequence of what

occurred in this case.



48 § Whether a late fee has not been paid after

demand for payment, the fee shall be paid for the collection.

Provisions on recovery of State assets Act

(1993:891) for the recovery of State assets, etc.



Upon recovery, enforcement under the enforcement code occur.

A decision concerning the late payment fee shall be enforced even if it does not

become final.



Transmittal for collection is not required if the State's claim for

the late charge is made.



49 section Of a district heating company as a result of court decisions

have the right to get back paid late fee, interest rate

paid on the refunded fee from the month

subsequent to that of the charge paid up to and including the month in which

a refund is made. In the case of rent size apply 65

Cape. the third subparagraph of paragraph 4 of the tax Procedure Act (2011:1244).

Law (2011:1423).



50 § questions about late charges assessed by

the supervisory authority.



51 § late fees to the State.



Supervision



52 section supervisor shall supervise the

district heating companies comply with 5-9, 18-21, 25-29, 31

and 37-43 sections.



The regulatory authority may inform the directions needed

compliance with the rules. Such an order may

combined with a penalty.



section 53 Supervisor has the right to request the

information and to obtain the documents necessary for

supervision. Such a request may be subject to a penalty.



Appeal



54 § decision on injunction under penalty according to section 16 of the other

subparagraph and paragraph 52, decision pursuant to § 37 d, the request

According to § 53 which have come together with a penalty and the decision on

late charge may be referred to the General

Administrative Court.



Leave to appeal is required for an appeal to the administrative court.



Other decisions under this law may not be appealed.

Law (2014:444).



Transitional provisions



2008:263



1. this law shall enter into force on 1 July 2008.



2. the provisions of §§ 17-26 apply to unilateral

changes to terms and conditions which take effect after 30

June 2008.



3. in the case of the unilateral changes to the terms

to take effect after 30 June 2008 is district heating company,

In addition to the provisions of article 19, shall be obliged to negotiate

district heating customer requests a hearing last July 22, 2008.



4. the provisions of paragraphs 27 to 31 apply to any such interruption in

the distribution that occurs after June 30, 2008.



5. the provisions of paragraph 41 apply for the first time for the

fiscal years beginning after June 30, 2008.



6. the provisions of sections 44 to 51 shall apply to annual reports and

observations on the examination of the annual reports relating to

fiscal years beginning after June 30, 2008.




2011:934



This law shall enter into force on 1 January 2012 in the case of paragraph 6 and

in General on January 1, 2015.



2011:1423



This law shall enter into force on 1 January 2012 and apply to

interest relating to the period from 1 January

2013.