On 22 March 2013, the Memorandum of Amendment to the legislative proposal to amend the Electricity Act 1998, Gas Act and Heating Supply Act (Warmtewet) was published, which amendments relate to the 2011 Energy Report (TK 33493, 7). The following amendments are proposed:

  1. The definition of the term “direct line” will be changed. First, a clarification will be made that a direct line cannot be located within a plant; a direct line is a connection between a power producer’s production plant and a consumer. Second, a clearer distinction will be made between a situation in which the direct line is not at all connected to a grid and one in which there is an indirect connection to the grid.
  2. The bill expands the reporting obligation regarding direct lines such that changes will also have to be reported. A clarification is provided that states that only significant changes need be reported, with a significant change in any case being understood to mean a change to the number of parties connected to the direct line, a change in ownership of the direct line or a change in any connection to a grid.
  3. Further to the Tribunal’s judgment of 23 July 2012 regarding Dow (LJN: BX4127), the amendments will clarify the fact that this judgment must be interpreted to mean that if the electricity has not been used through a connection to a grid that is managed by a grid manager, no system services tariff was owed for the period up to 1 July 2011, regardless of whether the natural person or legal entity using that connection has another connection to a grid that is managed by a grid manager.
  4. GTS, the manager of the national gas transport grid, will no longer be obliged to offer a flexibility service to market parties because there are no more parties requiring this service and continuing the service entails several negative consequences.
  5. GTS will have a new obligation to continue to manage and maintain connections to the national gas transport grid that were put into use before 1 April 2011.